The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-09-21

day Iaal fof lho Arrest Of lndgmehl In I
geyd l0 Minor and l,ofedeif, aud 10 inofeN
Do bonds of tho defendants ~ 10 whom "
jnfy failed IA aRroo, The court he
tbnf ilie existing bonds a. ~ ~
four defendants upon whom no ngfeefnen
was reached by Tie Jury were valid ~
would continue ln force. In this View tlI
counsel for Llie prosecution Conoiirred, bu
asked that Vallo's bonds be Increased frof
! 81 600 10 $1,000. The court SURRENDERED
and increased the bond, which was prompt.
given. Merrlck said that hc ha
| Instructions for the Encouragement brini
on The case Tor trial at as early day al
practical. After the motion for new tria
was disposed oihe would ask the court Il
| fix the 9Th of November or LIST of December
as the date when the trial should begin. The
court said: "On Friday ! shall take
up this motion for new trial with any afli
d.vits presented, and shall decide IL OF
that day" Court then adjourned till Fri
day at 10 o'clock.
in his possession the sworn statement o.
Foreman Dickson, and will draw up the in
formation based upon 1t as soon as corrob'
Grating evidence can be obtained.
|, WASHINGTON, September 15.-ln the
criminal court to-day in the star route case,
council for Minor and Reredell had filed
their affidavids in support of motion Tor
a new trial. Mr.. Merrick, of counsel for the
government said:
~ have had no opportunity of personal
communication with the attorney-general,
but in any emergency arising. in the case
the counsel must perform his duty for him
self and take the responsibility. Com
mnnicating with Kerr and Bliss, l find
some motions on file for new trial &C.
companied by statements. OF variety OF
persons and some affidavits. Among the
reasons is one, namely: that the
VERDICT Is ITSELF UNREASONABLE.
AS counsel for the government OF the
United States am not disposed to put on
file my consent to the granting OF this mo-
ton but as counsel for the United States
feel that the government of the United
States itself is not entirely satisfied by any
means wi h this verdict. 1t is verdict
which subjects masters to. re-trial
and convicts servants and mlnlons. line
Jury presumably found evidence of q con.
spiracy to defraud the United States and Of
overt act, so as to create a completed crime,
under the statutes Of the United States,
that having been found by the jury prior to
their determination of conviction OF
guilty against Reredell and Minor. There
was left for some the inquiry as
to who was in the conspiracy.
1t was apparent to all men that deeply
dell and Minor are, the crime they perpe-
trated was the scheme and device of others.
No, sir; the government OF the United
States cannot con sistently, with its dignity,
object by a practical resistance to the mo-
ton made to set aside such a verdict and
bring TO trial again both masters and SER
wants, in order that full justice may be done.
The government OF the United States seeks
no viction. 1t
crrvc crNpIy IUsTICE.
and when verdict apparently drifts with,
out Justice, it cannot meet with the approval
of the government ofthe United States. With
th ese brief remarks the government ccun-
sell leaves the subject of this motion to the
direction of the court, not consenting, but
not resis ting. hoping for the purity OF lts
records, , resolved on the prosecution OF
criminals to the fullest extent, and trusting
tn at whatever your honor may decide, or
whatever NAV hereafter come, full Justice
will in the end be done" -,
In the course of further proceedings,
Merrick states that he had looked over the
affidayits, and had seen none which al,
tered the fact that Dickson had related
to the other Jurors the circumstances
attending the alleged attempt to bride him.
Notwithstanding his honor's direction to
the contrary, Henkle proceeded to argue
that the verdict should be set aside on the
ground that the
Jury HAD BEEN TAMPERED WITH,
said that the courtroom was dotted All
over with spoilers, whose business II was TO
shadow the jurors, counsel and witnesses,
and some of the vilest in the community
were right here all through this trial doing
that very thing in the service OF the gov
Mr.. Merrick-"In the service of the
government
Henkle-"Yes, sir" ~.
Merrick-"Is there any affidavit OF this
sort on tile?'' u,,.
now, but will furnish it when we get to
investigating the matter"
Merrick-"When we come to investigate
the matter we will reach the conclusion
that this approach of Dickson was a got
up' thing on the defendants side"
Fabrine one of the jurors, happening TO
be in the courtroom, was called
to the witness stand and testlhed
to the reading of statement by Foreman
He said that the jury held in the atfirma-
alive upon the question as to whether the
paper should be read.
The court-"What / wanted to know
was whether the
JURY HAD VIOLATED
the directions of the court, That verdict
of guilty then as to Reredell and minor Is
e.,
conduct of the Jury, but l may say on
account of the general unreasonableness
of it, not that the court would
have made this decision on the latter ground
alone. because unreasonableness of YER
dict is for the jury rather than the, court,
unless the unreasonableness shocks me
court. Those two men seem to be at tne
two ends of the line. 1t did not seem 70
INV mind that they could have gone into
the conspiracy without having had any oil
the others along with them, but the jury
Thought that they could and l wonld not
have disturbed the verdict on that gro und,
but when see that the verdict was made
up by the jury upon facts th.t were not IN
SET THE VERDICT ASIDE.
Asto the acauittal of Peck, who is dead,
I hope he Is acquitted everywhere. we
were not trying him. As to Turner, OF
course the verdict stands. The court
grants new trial, therefore, TO all except
Minor and Reredell were then released
upon bail in the amount of $1,000 each,
Vale and Williamson becoming surety LOT
the former, and A. c. Richards for the
latter. 1T, q,
Merrick asked that the court should nix
the first Monday in December as the date
for the new trial, and the court dld So
Notwithstanding the protest OF Henkle.
Court then adjourned.
The order of the oriole.
BALTIMORE, September 1.-The three
DAYS festival ofthe Mystic Order ofthe Oriole
closed tonight with grand spectacular
procession, witnessed by many thousands
81 visitors and an innumerable throng oil
citizens. All along the route for the dls-
lance of miles hundreds OF stands and plat
forms which had been erected Tor the coca
SON the streets, sidewalks and win
doTs OF every building were filled with
spectators, some time before the hour oil