Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-08-24
THE STAR ROUTE TRIAL.
MR.. MERRlCK'S POWERFUL ADDRESS.
HE DEMANDS THE CONVICTION OF ALL THE
ACCUSED EXCEPT TURNER.

In May last, when counsel were discussing be-
fore the court technical questions raised by the
defense on the Indictment, he mr. Merrick) had
stated that his view of the duty of prosecuting
officer was never to ask for verdict OF guilty ex-
cept where he believed that erimlnality had been
established by the evidence, He had further
stated that when the evidence had been submitted
to a jury, that he would assume his responsibility
to the fullest extent, by declaring to the jury his
belief, II he had such belief, that the evidence
was not sufficient to convict any one or several OF
the defendants, and also to ask II he believed that
the evidence was sufficient, to ask for convic-
tOn.
THE CONVICTION OF ALL THE DEFENDANTS EXCEPT
TURNER DEMANDED.
In discharge Of that duty the speaker demanded
the conviction Of John W. Dorsey, John r. Miner,
Stephen w. Dorsey, Harvey NJ. Vaile Montford c.
Rerdell and Thomas j. Brady In reference to
Turner, Mr.. Merr.ck said the evidence did not
leave his mind Tree from doubt. Whilst he did not
believe him unstained by criIs.nal conduct in re-
ceving money as stated In ReraelrS confession, he
did not believe that these men INTRODUCED him into
their confidence and made him familiar with the
secrets Of their conspiracy. Since he has heard
the pententlary doors grating so close to him let
that sound GO with him through his life as warn
ing that will make him hereafter a better and
more useful man. He adJured the jury to come up
c9ldly and dispassionately to their high duty Of
should flow like rain and not let
THE cANKER OF OFFICIAL CORRUPTION
feed on the heart OF the republic under the protec-
ton of a false verdict They had not to do with
tears and SOrf OW. When a man was In the Jury
box he was above humanity and nearer God, judg-
ing human actions without regard to the sorrow
that might follow just verdict Now that the
testimony was in,
THE PROUD AND ARROGANT TONE OF THE DEFENSE
had been changed to a cry for mercy from the
jury. No longer did they hear the proud and in
sulting dction that characterized the defense at
the opening of the trial One of the leading turists
OF the country spent two hours before the jury,
pleading to them to give the defense the benefit OF
doubt 1t was
THE LAST PLANK, TO WHICH THEY CLUNG DEsPER-
ATELY.
In behalf Of the institutions of the country he
CIr Merrick) pleaded for the supremacy of the
law, the vindication OF the truth, and nothing
more. Along with the plea of sympathy came the
hnal end OF the train OF technicaliteS which COM
% nenced In procession when this Indictment was
the prosecution had wandered away from the in
dictment, he would say something as to the char
long and complicated, he would say, to the honor
OF Mr.. ker, that 1t was one OF the best specimens
OF ne nad ever M Though fun OF the
1t was clear and easily understood that these
men
coNsP1RED TO DEFRAuD THE GOVERNMENT
by false oaths petitions, &c. All attempts to dis
turb the validity OF the document had been futile
The defendants were charged with conspiring to
defraud the United States The means were Ger
tain contracts. on which they were to obtain from
he was to render, knowing at the time that he was
betrayug his official trust A to the relation of
the means OF conspiracy to the charge, his prop:
whereby the defendants were to accomplish the
criminal end, If any OF the means established
In proof 1t was sufficient to establish the charge.
The charge was the agreement to do these things.
He called attention to the proposition OF Mr. Chand-
ler that in every case under the law man had
has hlrcy hQ pOI1 fn
him self behind the doctrine or caUeat eneptor. Mr..
Merrick conceived the doctrine as broadly apply
rules of honor. He asked if Mr.. Chandler did not
know that beyond the common law there were
fixed and unchangeabe rules of equity.
BRADYs VIOLATION OF HIS DUTY.
The doctrine OF caredt enptof did not apply to
a man when he was dealing With the trustee OF
another man. Mr.. Brady was the trustee Of the
whole people OF the United States TO guard their
property. No man had a right to contract with
MIN without regarding those rules which equity
LAID down as OBLIGATORY upon an individual deal
Ing with the trustee OF another man. and Brady
In violating his duty trustee disgraced himself
and dishonored his office. II there was relation
relation OF trustee and civil trust. Confidence
must be reposed somewhere in the business rela-
tlons OF life; confidence must be repOsed some
tee was the shepherd, and when he opened the
door to let in the thief to steal the property he
was put there to guard, he deserved, in his (Mr.
Merr1ck's) Ju ulgment not the penttentary, but the
gallowS.
THE ExPEDITERs' RULE OF THREE.
AS to the meaning OF pro rata in the case OF
expedition, Mr.. Merrck said the meaning OF the
term was similar to proportion, but not exactly.
They must have three given quantities in every
sum OF proportion. Suppose the route is 100
miles. at s!0o, and to be run in 100 hours Now it
is ordered to be run in so hours. What are you
going to pro rate wIth?" asked Mr.. Merrick.
Just double the pay,' said the court
That Is an answer to Mr.. TOtten'S argument,
then,' said Mr.. Merrck.
THAT Is not correct, though" said Mr.. TOtten:
"yOu forget expedition"
Here en5ued a discussion as to what could be
by Mr.. Merrck.
The court said that in expedition there would
be nothing allowed. unless the number Of men
Mr. Merrlck said the contract did not say any,
tnlng ABOUT horses and carriers II the contract
would pro rate according to the increase Of time,
ana time was one OF the given quantities in the
proportion Mr.. Merrick declared that the false
oath of the contractor, which Brady knew to be
false, became one of tine quantities OF the proper
tion They found throughout the case the rate OF
traVei increased half a mile or so and the addi-
Ilonai STOCK represented as Increased ten times,
ior which the people had TO pay thousands OF dol
lars.
called his attention to law. Mr.. Merr1ck said II
am coming to that, your honor My heart feels
sad and my throat feels sore when think OF the
dite me, your honor"
Wylie.
.He Will take care OF that, your HONOR" said Mr..
Wilson. ''You need not mind that"
THE QUESTION OF DATES.
Mr.. Merrick argued that the acts OF the con-
spirators done before May 23i, ls79 may all be
considered If they tended to show the existence OF
the after that ew where
presiding at the counsel board, using these lesser
men Tor his own purposes. He would not call s.
w. Dorsey Senator. He was an ex-senator, but
he would not use that dignined title to speak OF
man standing IN criminal dock. Mr. TOtten had
said the United States gave its Treasury full pro-
tectlon against invasion by the law any
Oncer eXpend1ng any sum In excess OF apprOprla-
IONS. Mr. Totten claimed that under this law
dence showed that
BRADY TRAMPLED THAT Law UNDER FOOT.
ana these contracts were filed, not only with
virus OF corruption, but were stepped In iniQuity
In the womb OF their official mother. He thought
he would show them that Brady loved his country
only as an object OF pelf. NE. blackburn said
Congress appropriated for the 1lscal year 1880
8, 9OO, OU-all that was asked. he then said Brady
reported TO him In December, 1880 only fve months
a1ter ne got the appropriation, that there would
De oenclency on the contracts he had MADE OF
$l,!0O,OOO. Down went the legal barrier which MI.