Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-12-05

Two Vacancies i'm the Petit Jury to be
Filled Before the Rusiness of the
Criminal Court Can Go On-Reyiew
of the Star Route Cases.

| Filled Before the RuAiness of the
Criminal Court Can Go On.Reyiew
| OF the Star Route Cases.
| The Criminal Court room was well filled when
the court convened this morning. it being expected
that the star route case would be taken up for re-
TRIAL Messrs- Brady, Miner, and Rerdell, OF the
star route defendants, were present early Messrs
lngersoll, Henkle, Carpenter, and Williams, OF
| counsel, were present; also MesSrS Dayidge and
Welshire, who 1t is stated, have been retained as
additional counsel by the Dorseys. Marshal Nc
Michael was In court sitting with District Attorney
| Corkhill None Of the counsel for government
were present at the opening OF the court. While
the court was diSposing OF other matters other
parties interested in the star route case dropped
into INTO court one by one When the petit jury was
called two OF the seven men drawn from the box
| 10 NIL the vacancies on the petit jury did not re-
| spond. John Lynch was reported Sick and ex-
cuSed. Mr.. James w. Orme, the other absentee,
was excused for reasons satisfactory the court.
The clerk was instructed to draw two additional
| names, and the jurors In attendance were excused
Till tomorrow morning fact which OF course put
an end TO all expectations that the star route case
would be called to-day.
The court soon afterwards adjourned no refer.
ence having been made to the star route case.
THE FOLLOWING TWO NAMES
were drawn from the box to-day to NIL the va
cancles on the petit jury: Mason Lowery, 1882
Soth ST.; James p. Power, 152 9th st. sw.
WHAT JUDGE wYLrE SAYS
Judge Wylie remarked to STAR reporter after
| the Criminal Court adjourned that they would not
move wheel OF the court until the jury panel was
completed He thought they would be able TO go
ahead with the business very soon.
WHAT MARSHAL MMICHAEI SAYS OF THE DELAY
Marshal McMichael, talking about the delay on
account OF the jury, said that as only the number
required could be drawn from the box at the time
II the court adjourned for "a hours every time
they might have to spend the whole term getting
Jury. Tomorrow, II ary OF the jurors drawn are
excused for any reason, he hoped the court would
take only short recess. II the attaches of the
marshals office would not bring I'm the Jurors ia
who could. A
THE COUNSEL FOR THE DEFENDANTS
seem little unwilling to state how the counsel
are divided up among the defendants. 1t now ap-
pears settled that Mr.. Davidge will appear the
Dorseys Messrs r. G. Ingersou and r. B. Car
penter, who have already appeared in court, and
Judge McSweeney, OF Ohio, are expected 10 also
appear for the Dorseys- Mr.. l. G. Hine will ap-
pear for Miner and Mr.. S. S. Henkle for Vaile
Messrs. JefT Chandler, Jere Wilson ana A. B.
Williams Will appear for Brady Mr.. W. A. Cook,
IL Is generally understood is Interested in the case
Cooks partner. Mr.. Cole, appeared at the last
trial Ex-Congressman Wiltshire has been present
at court the last two days and was present fire.
quently during the last trial He II is understood
VIII act as advisory counsel for the Dorseys.
MIR. DoRsEY's CONDITION. -
One OF the star route counsel, when asked by a
STAR reporter to-day about the statement that a
continuance would be asked in the case OF ex-
Senator Dorsey, said that counsel would say
nothing about that
"What is Mr. Dorsey's condition. asked the re-
porter.
bad, very bad" said the lawyer.
Bad enough In your opinion to justify a con-
"Oh. yes, bad enough for that" answered the
lawyer.
WHAT MR.. KER THINKS.
Mr. Ker, when asked about the probable motion
for continuance in Mr.. Dorsey's case, said "a
man who would write and publish his defense
Friday ought to be able to appear in court Mon
day. The trouble is said to be in his eyes, but that
did not prevent his writing and ought not to pre-
vent his attendance in court He is not obliged to
be present all the time"
"Is the government entirely ready?"
"Yes," said Mr. Ker. 1--WE could go ahead this
morning. ALI the government wants is square,
honest jury" "Then," he added with a laugh,
1--WE will proceed at once to bribe them-bribe
them with batch OF evidence"
do you think you have stronger case than be-
fore?"
80 I'VE ,! had strong case enough then," said Mr..
ker, "but believe 1t is still stronger now"
THE ORDER OF OPENING AND CLOSING
the case so far agreed upon will follow the pro-
gram, which prevailed at the former trial. Mr..
Bliss will open the case for the government
Messrs Bliss, Ker, Merrick and the Attorney
General will probably make addresses at the
close.
THE CASE AS PRESENTED FOR TRIAL NOW
is substantially the same as that which was tried
last summer. The number OF defendants is re-
duced by one by the acquittal OF Wm H. Turner
at the former trial The charge is conspiracy to
defraud the government Vale, Miner and the
Dorseys, as contractors; Rerdell as clerk to Dor
sey and thetcOmbinatiOn OF contractors, and Brady
as Second Assistant Postmaster General are ac.
cused OF making a combination by which extra
ordinary allowances were made for unnecessary
and, in some cases, fictitious expeditions on mail
routes held by the contractors. A plausible look
was given to Brady's orders by petitions procured
by the contractors, and in some cases altered SUBJ
Among the means Of the conspiracy. I as set set
forth In the indictment, are false oaths, in
which the contractors set forth the num-
service. which oaths. It is charged were cleverly
manipulated so as TO yield marvellous results,
by which the amounts to be allowed for the ex.
pedited service were determined. Incidentally It
Is charged that payments were made for service
not performed, but the main charge Is the con-
spiracy to unlawfuly expedite routes. The in
dtctment cites facts sustaining these charges as
they occurred on 10 different routes Though it
is not set out in the Indictment it appeared by the
testimony OF Walsh at the last trial that Brady
received 20 per cent OF the amounts paid for
expedition and so per cent or the amount OF nnes
and penalties remitted.
The government, it is understood will have
sent this time. It was proposed to prove
at the last trial by ex-senator Geo. E. Spencer
tnaG ne was present once Wnen Dorsey made q
payment to Brady ION account" and that Dorsey
admitted that there was an understanding between
them. Spencer, however, disappeared at the crit
ical moment, and his whereabouts have ever since
remained q mystery. One OF the counsel for the
government, when asked to-day by a STAR reporter
If Spencer would testify at this trial, said: ave
will get him II we can"
At the last trial the seven defendants were
allowed each four challenges and the government
three. making twenty-etght to three In favor OF
the defense This large number enabled the de.
tense to exhaust the panel and gave them unusual
advantages in organizing the Jury. By the same
rule the defense would now have twenty-four
challenges TO three on the part OF the government
1t Is stated that the government will attempt to
convince Judge Wylie that his ruling as to chal-
lengeS In the former case is not sustained by
authority.
And Vet Another Candidates!
Mr. SMITH, OF PENNSYLVANIA, WANTS 10 BE DIS
TRICT COMMISSIONER
delegation OF Philadelphians are In the city to
urge the appointment OF State Senator George
Stanley Smith, OF Philadelphia, as District Com
missioner. Senator Smith, who is stopping at
Wilard'S, Is constituent OF Congressman Blng-
ham and q warm personal friend OF senator Don