The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-08-17


route case, Carpenter, for the defense
resumed his address to-day, and he
went on and dWelt upon the import
ance of the star route service, char
acterlzlng it as the Fort Sumter of
the railway system of the cOun try,
contending that it was necessary for
The public good, and declaring that
the allegations to the contrary
contained in the indictments
were falsehOods from beginning to
end. In concluding, Carpenter said:
when ! remember, as matter of
popular history, that all these
charges against my clients were
created in newspapers of great DO
litical force during the heated cam
paign, two years before this indict-
ment was found; when remember
they were canvaSSed by the press
on the one side, and explained or
denied on the other; when I re-
member the attempt to connect the
late President of the United States
with the very transactions to which
this indictment refers when I rem.
ember the proud position my client
occupied as party leader. cannot
put be reminded of the eVanescent
character Of everything earthly; I
cannot but be reminded that. in the
near future, we must all leave, and
prior to leaving there viii
come 3 moment when memory
will unlock all the clasps and will
turn over, page by page, every act
OF our lives. You will have the
consolation in that supreme hour to
call to mind that, unaWed by popu-
lar clamOr, mistaken by prejudice,
defying the power of government,
you discharged your duty and rem
dered decision with the testimony
in this case of not guilty.
JET Chandler, the next counsel
for the defense, and especially fOr
Brady, then rose to address the Jury.
During the course of his re marks,
quite an extended discussion took
place between Chand er and Mer-
rick SIS TO whether the Jury were
judges 10th of law and fact. The
court said he would hear arguments
on the point. Chandler continuing,
impressed upon the minds Of the
jury the necessity of 3 verdict Of
acGuittal, when the innocence of q
great majority of the defendants
thrust itself upon their cOnvic-
lions when, he said, the pTOseCu-
ton ,isks you in the dying thrOes of
governments case, to convict two
OF three men, want you to TecOl-
n - a
charged against two or three. The
conspiracy must be proved against
all or none. The court inquired
whether it had not been held in
many Gases that some alleged con-
spiratOrS might be convicted and
the others acquitted.
Chandler-It has, anu I will indI-
cate the distinction between those
cases and this.
COurt-So long as there are two
to be convicted government may
fail as TO all others. If the jury are
satisfied of two conspiratOrs, con-
victiOn is proper, though the charge
in the indictment was against them
and many others. That is my i'm
preston. L may be wrong about it.
If the jury is of the opinion that
whatever money paid the Of
GERS Of government was paid
by separate members of the de-
Tense IN their separate characters,
without regard to any conspiracy,
proof is absence Of a conspiracy
but that is not the scheme of the
prosecution. It is reverse of that
though those parties were seyerally
interested in the contract, yeJ they
entered into a Conspiracy which
they made common cause for the
purpose of securing expedition.
Chamberlain is the scheme
exactly.
C0ut-DO I understand you con-
tend that if a conspiracy be shown
as co sOme of those contractors and
others should not be embraced IN
the terms Of the conspiracy, there
could be no conviction.
Chandler-I do not contend that
thing; I contend that the conspiracy
must be proved as laid, or it all falls
TO pieces.
Court - That is an important
question and not yet clear ques-
ton. In my mind, according to your
proposition, the subject Of this
conspiracy is not at all out.
Chandler-There is not the slight
est approach to it. Taking up the
thread of his argument Chandler
asserted that there has not been q
single order for expedition issued
through the unbroken influence Of
the defendants. Petitions had come
in by the hundreds, signed by men
of the most honorable character,
and upon these petitians editions
had been ordered. Chandler argued
that the prosecution mad not shown
that government was detrauded on
the contrary, it had been benefited
The Court said he did not believe
it was a justification for a public
officer, guilty of bribery, to say that
| ne had been bribed to performances
which were right and proper. After
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