Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-08-29
TIE STAR ROUTE TRIAL.
Argument of Mr. VyfhOm for the dc
fenScs

II would" said Mr. Wilson. Mr.. Wilson said he
nad u understood m the court to hold that every act
renewal OF the conspiracy.
doctrine" said Judge Wylie.
Mr.. Wilson argued that acts subsequent to the
formation OF the conspiracy did not bring the date
OF the conspiracy along with 1t. He argued that
the 18th Of May, 1s79 which differed from the old
statute in the degree of the penalties provided
Now it would be unconstitutional to apply the
iater statute TO acts occurring prior to May 1879
Mr.. Merrlck said he would tei when this CON
spiracy was formed, and bring them together
around s the table He brought them together In
law for which he (Mr Wilson) contended, then
Mr. Merrick had given away his case utterly.
should be law unto themselves. He believed that
the jury should determine and apply the law in
this case but he did not intend to fly into the face
OF the court
AS TO EX-SENATOR DORSEY,
Mr.. Wilson said that Mr.. Merrick represented him
as the very Lucifer of this whole business Mr..
Merrck thought that there was very flood OF tes-
timony, but Brother Bliss thought there wasn't
much OF shower, so far as Dorsey was concerned.
The newspapers saw this divergence in the views
OF the counsel, and one OF them had gone 80 far as
to say that they were going to watch the learned
Attorney General to see whether he would side
with Brother Merrick or Brother Bliss Mr.. Will
son was about to read from a newspaper on this
point when
THE ATTORNEY GENERAL OBJECTED
TO 1t as improper and the court sustained the OBJ
lection. M. Wilson criticised Mr.. Merr1ck's state
ment that there were conspiracies all over the
land and the cOnspiratOrs were focking in here to
give these defendants their aid and sympathy as
Improper In representative Of the government.
It showed to what straits the prosecution were
driven for the purpose Of making out case.
The indictment, Mr.. Wilson said, charged that
these contracts were held for the mutual
benefit and gain Of the defendants. To unite
these parties In this prosecution it was necessary
to draw The Indictment in that way. Upon these
contracts they cOnspired to defraud the United
States by means of false petitions, affidavits &C
nothing must be left to inference or conjecture Ii
the proof the government offer Is consistent with
innocence then it did not prove guilt. When the
prosecution undertook to prove conspiracy by
circumstance every circumstance must be proved
with certainty. The prosecution were seeking to
cumstance. Mr.. Wilson began an analysis OF evl-
dence, beginning with that or Boone. to show that
Mr.. Merricks claim that s w. Dorsey formed an
illegal combination was not sustained. He argued
that the arrangement made between Dorsey
Boone and the others was simple. pure straight
forward business arrangement. He would like to
know why halt a dozen men could not enter into
partnership for the purpose OF carrying the
Mr.. Merrick claimed that there was no evidence
that S. W. Dorsey loaned these contractors money
There was no doubt that 8. w. Dorsey endorsed
the notes OF these parties and took the drafts and
vouchers as securities The contractors exhausted
these resources.
Mr.. Wilson argued that the appearance of vaile,
the interest which he took in Miner and the argu-
ment which Vaile used with Brady to obtain an
extension OF time were natural and reasonable In
Syery eSpef the ldnesy 1ney gave 6ady
the Miner, Peck and Dorsey routes could not be
permitted longer-lts true significance it corrob-
was no conspiracy or understanding between these
men, but that their business was OF an honest and
straightforward character. About the 1st of
April, 1879,
THE PARTNERs sRp pARATED
and divided the routes or assets of the concern.
The government had proven that they never
brought these interests together again. II ever a
man told a straightforward story that had the
marks OF truth all over it was vaile. They had no
evidence that any Of the money that Vaile got or
that BOsler got on the Dorsey contracts ever went
to any other defendant Mr.. Ker, Mr.. Wilson said,
had vouched for Mr.. Bosler as an honest man.
said Mr. Ker. 81 don't know anything about his
honesty"
I'm PHILADELPHIA" said Mr.. Mcsweeny, "that
"1s 1t not we'll known now," said Judge Wylie,
''that OF all classes Of citizens the good men are
most likely to go aStray?"
''YOur honor, what Is going to become of you
and me on such an assumption as that?" said Mr..
Wilson.
THERE had NOT BEEN SYLLABLE OF PROOF
to show why Brady should not have had the
strongest faith in the integrity OF the petitions
which were filed with him, vouched for by Sena-
tors, Representatives and distinguished civil and
military officers. In the earlier stages OF this
the prosecution claimed that it was necessary to
Brady that Turner should be in this conspiracy.
Tur ner neld the key to the conspiracy. Now, 1T
was admitted by Mr.. Merrlck, in so many words,
that Turner was not in any conspiracy.
Mr.. Wilson argued that Brady could not be held
guilty OF conspiracy because he had not discovered
alterations In the petitions. COnceding, for the
sake OF argument that there were, here and there,
petitions that had been tampered with, t.aslde
from them the record was burdened with petitions
ulOupSt1OOo0.
the jury say that his acts were the result of the
influence Of the false petitions instead OF those
that were 1ndisputably genuine? II they could
not say that how could they say that his acts were
inconsistent with Innocence? They had no right to
was claimed by the prosecution that the contrac-
tors got up the petitions, but there had been no
PROOF that Brady was aware OF that.
AS TO WHAT WERE CALLED FALSE AFFIDAvT1s,
Mr.. Wilson said that when speed was increased 1t
was very difficult to determine just how many
men and how many horses would be required.
They had seen how men differed on such subjects
Conceding for argument sake that in these aff1-
daV1ts the contractors placed the number OF men
and horses too low or too high, could they infer
from that fact that Brady was In conspiracy
with them? Mr. Merrick wanted to know how
they were to get at the pro rata, and he had
shown s VI @ before he got through talking that
and the prosecution had never shown that the
calculatOn was ever made upon any basis other
tnan thaG provided in the regulations and'the
contracts were unlawful, or that Brady's act was
unlawful. The complaint was that Brady did not
go beyond the amdavitS and make other investt-
gaClOns than those which the Postmaster General
nao directed, he should be held guilty OF conSpir
acy Were they to infer that Brady knew that
CneSe amdav1CS were not correct7 There were hum
0reds OF claims paid through the Treasury depart
ment every year on ex-parte R11davitS. Suppose
IL turns out that claim Is supported by false
amdav1ts, the result would be that the Secretary
OF the treasury could be coupled with the men
who got up the afI1davits in charge OF conspiracy
ana denounced as q thief because he did not go
beyond the affidavitS
At half-past twelve recess was taken.
AFTER RECESS
MI Wilson continued after recess He claimed
that IT. did not prove how many men and horses
were necessary on route BY proving the number
OF men and horses that were used by the sub-con-
tractor. That made the sub b-contractor the judge
OF the requirements OF the route
AS 10 the matter of the requirements OF pro-
posed Scnedule that was matter OF the future,
matter OF opinion. Judgment and speculation. AS
10 the statement that Brady had diSregarded let
ters written TO him by postmasters advising him
against the schedule, Mr.. Wilson argued that, as
brady nad 10 decide these matters and had volumes
| OF petitions on one side against 9 letter on the
0tner. ne could not be held guilty OF fraud for de-
cidfng as he did. As 70 the letter OF the lawyer,
Bean, Who advised against expedition,
iSSva x,,es M 2fo ma