Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1882-07-29
Star Route Trials:


Criminal Court this morning Mr.. |
Merrick rose and said that before |
the beginning of the regular pro-
ceedings he felt bound to call the
attention of the court to certain cir
cumstances which placed the govern
ment under a great disadvantage in
the presentation of their evidence.
He wished to move for rule upon A.
G. Buell., editor of the Capital, a
Sunday paper, to show cause why he
should not be punished for contempt
of court.
In an article published in that
paper, upon July 23rd, he had charged
Walsh with perjury, falsehood ard
had used other abusive and libelous
language. He also desired the rule
upon Buell., Helm, Ringwalt, Hack,
and e. W. Brady, brother of the de-
fendant, representatives and trustees
of the Evening Critic, and upon ..
K. Harris, one of the editors Ct that
paper, for similar abuse of Walsh,
and of ex-Attorney- General Mac
Vegah and exsPostmaster General
James. In these articles, the first
part published one day and the sec-
ond upon another day, these gentle
men had been abused in vituperative
language. They were still witnesses,
under process of the court, and
had never been discharged.
Mr.. Merl ok then read some head
lines from the articles, such as
- MacVeagh gets muddled, Lying
Tom James on the stand, and SO on.
The three gentlemen, from some
reason, seem to have become objects
of most vituperative assaults, while
under charge of the court, and while
giving testimony. These articles
were intended to intimidate and
frighten other witnesses fl Iom giving
testimony, and place the govern
ment at great disadvantage in
obtaining Witnesses; for the reason
that sensitive gentlemen felt great
dlthdence and unwillingness to ap-
pear and become objects of such
abuse. He wished to file motion
and serve notice upon the other side
and call them at the proper time.
Tolen, in reply, called attention to
articles in New York papers-great
dailies, as they were called-in
which scandalous articles and re-
fiectlons upon the court itself, as
well as upon the defendants, had
appeared, from day to day The
court said it would not do
to set off one crime against anoth-
er. Both parties would be brought
to the punishment, if the charges
were true. So far as the assaults
upon the court were Concerned he
had never seen them. Sometimes he
received an anonymous article, but
he threw it in the waste basket with>
out reading it. 1t seemed impossi-
bic to have fair trial III this country,
any way, because OF the newspapers.
There might, however, be some adj
vantages IN free press. The court
warned the jury against paying any
attention to newspapers Honest
and upright men had ceased to pay
any attention to them, and public
opinion could not be Influenced by
newspapers bought and controlled
by interested parties. So far from
having any influence upon
the court, they would be treated with
the utmost contempt. When thus
trial began there seemed to have
been a concerted attack upon the
court-not upon the jury-for SO fan
they had expressed no opinion, and
not upon the witnesses, for none hao
been summoned, an opinion in one
direction, upon one day, seemed te
have an effect upon these writer's
; and decision in another direction
upon later day, would call forth the
b1tterest curses. If the parties IL
= interest thought that they were go
} ing to help their case by these ar
ticles, they were mistaken. These
} hired scribblers were living upo1
their means. 1t was loss of money
The court finally gave Mr.. Merrlcl
leave to file his motions, and the
trial was proceeded with, the day
being mainly occupied by contention
between counsel.