The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-09-16
The Drop Falls, aud James Tracy, Who
Killed an officer In Chicago,
Expiates His Crime.
Lightning Strikes Two Oil-HOuses In
New York ard Burn Them Com.
pletcly to the Ground.
In the Attempt TO Save a Fireman, a
Father Gets In the Flames,
And Son Trying TO Save Him,
Also Loses His Life.
Other Foreign and Domestic News.
The star Reuters.


WAsHINdToN, September l5.-,ln the
criminal courtto-day in the star route case,
council for Minor and Rercdell had filed
their ailidavids in support Of motion for
new trial. Mr.. Merrick, of counsel for the
government said;
II 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. |
munlcating with Kerr and Bliss, find !
some motions on file for new trial, &C. !
companied by statements of a variety of
persons and some ailidavits 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 10 a re-trisl
and convicts servants and minions. The
jury presumably found evidence of con-
spiracy to defraud the United States and OF
overt act, so rs to create u 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 rs
to who was in the conspiracy.
II was apparent to all men that deeply
guilty in point OF morals and law as Rere-
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 consistently, with its dignity
object by practical resistance to the mo-
tiOn made to set aside such vcrdictand
bring TO trial again both masters and SER
wants, In order that full justice may be done.
1.-THE government of the United States seeks
no viCtion. 1t
SEEKS SIMPLY JUSTICE,
and when verdict apparently drifts with
out Justice, it cannot meet with the approval
thegOvernment of the United States With
these brief remarks the government Gcun-
sci leaves the subject ofthis motion TO the
direction OF the court, not consentipg, hut
not resisting; hoping for the purity of its
records resolved on the prosecution OF
criminals to the fullest extent, and trusting
that whatever your honor may decide, or
whatever may hereafter come, full Justice
will in the end be done
In the course of further proceed .gs,
Merrick states that he had looked over the
ailidavits, and had seen more which al.
tered the fact that Dickson had related
to the other jurors the circumstances
attending the alleged attempt to bribc him.
Notwithstanding his honor'S direction TO
! the contrary, Henkle proceeded to argue
that the verdict should be set aside on tho
ground that the
JURY HAD BEEN TANrEEEp WITH,
said that the courtroom was dotted III
over with spoilers, whose business it Was 10
shadow the Jurors, counsel and witnesses,
and some OF the vilest in the community
were right hero all through this trial, doing
that very thing in the service ut the. gov.
ernment.
Mr., Merrick-."ln the service of tho
government
Henkle-"Ncs, sir"
Merrck-"ls there any attiday,, % this
sort on tile2"
Henklc--"I have not any proof of this
now. bu, | will furnish it whru wa gct tO
investigating the matter
MGrrck-"Wheu We come to investigate
the matter we will reach the conclusion
tina, this approach ul Dickson was got
: up thing on the dctendsut' 5 side
Fabrine, one Of the jurors, happening Ia
T be in the courtroom, wa, called
to the witness stand and testified
TO the reading ui a statement by Foreman
Dickson after the retirement o. the Jury.
He said that the jury held in the alrma.
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 Reredel aud minor is
. set aside, not only on account of the mis-
conduct Of the jury, but | may say on
, account of the general unreaSonabeucss
of 1t, not that the court would
have made this decision on the latter ground
alone, because unrcasonableness OF u YER
dict is for the jury rather than the court,
unless the unreasonableness shocks the
court. Those two men seem TO be at the
two ends Of the line, IL did not seem 10
my mind that they could have gone into
tue conspiracy without haying had any oi
the others along with them, but the Jury
thought that they could and | wonld not
have disturbed tAc verdict on that ground,
bat when see that the verdict was made
up by the Jury upon facts that were not in
the evidence, of course my duty is plain to
SIT THEW VERDICT ASIDE.
As to the acquittal of Peck, who Is dead
/ hope ho is acquitted everywhere. We
, were not trying him. As to Turner, OF
course the verdict stands. The court
grants anew trial. therefore, to all except
Turner and Peek
Minor and Rercdell were then released
upon bail in the amount Of $1,000 each,
Nailc and Williamson becoming surety Tor
the former and A. Z. Richards for the
latter.
Merrck asked that the court should hx
the first Monday In December ~ the date
for the new trial ami thc court did so
withstauGing the protest ot llmkle.
Court then adjourned.
4 Terrible Fire