The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-07-27
star Routes.

cases to-day, Bliss gave notice to the
court Of his Intention to put in evil
dence, those portions of the report of
the pOstmast>r-geneTal referring to
the orders for an increase in expe-
ditions made since 1872. Wilson
said if this was done the defense
would insist upon putting In evil
dence every petition and paper upon
which orders had been made by
Brady. Bliss explained that his OBJ
ject was to use these figures in the
closing argument to the jury. The
court said hesaW no objection to the
introduction of evidence which he
believed would show that Brady
largely increased the service be-
yondithe usage of the department !:
but OF course, the. defense would,
.haveta right to show why these or
deTs had been made. Colo
mel Tretter, objected because he
said he foreSaW, if the evidence
were, taken, 1t might and probably
would prolong the trial six months.
He was tired of sitting day after
day, and listening to the reading of
muSty old documents from the de-
partment, running away back to
1878. Merrick argued they, had a
right to show up 5, the, Gus
tom of the Office, andsit was
for that purpose the evidence
was offered. Surely, he said,
thoroughly innocent men had moth
ingto fear from the exposure Of these
customs. He expected to show
from the books that Brady adopted
q different system of calculation of
the compensation to be allowed for
expedition from that previously
used. In fact, said Merriek, quot
hing from Bliss, the argument is that
what was intended for the medicine
of the service was made by Brady
its, daily food After a long ar
gument, the court ruled out the
evidence, How long had it been,
said he, since Congress had begun
making appropriations of scores of
millions of dollars for the erection
of public buildings and for the i'm.
proVement of rivers and harbOrS?
| A few years ago alluthat was uncon-
stitutional. but it was all changed
now, and so with the postal service.
The power was conferred upon the
Esecond assessment postmaster gen
eral of increasing and expediting ser
vice Ii people disapprOved it, they
4 might change it entirely next year.
Perhaps Brady believed the policy
of his. predecessors had been too
narrow, that they had not properly
understoodthe statutory. provisions,
Brady stood charged here with
conspiracy with tbs other defend
ants, and it was not proper to con
Wet him because he departed from
the practices of his official
ancestors in increasing service.
He therefore thought it only
EN- barrassed the issues :. In
] this case, prolonged the trial, and
would not be worth the trouble of
its introduction, into the present
case. 1t could not be,applied to the
other defendants in any event. and
altogether he believed it best to ex-
1 clude the evidence. = -sIal>TstE
Z After the usual recess, -Aerrick
offered in evidence the price, drafts
on the Corpus Christi and San An
tonic routes produced by Witness
Walsh when upon the stand. They
had been previously ruled out, but
Merrick declared their competency
as evidence was now fully estab-
lished. through that portion of
Walsh's testimony wherein Brady
refers TO the Walsh, Peterson and
Price drafts held by him as a proof
that contractors paid him the per-
centage. He also pointed out the
fact that the drafts in several in
stances were drawn for an amount
that exactly correspondent with the
expedited compensation allowed, al
though they had been drawn some
time before the expedition was or
dered.s The court held, however,
that as the drafts were not upon any
route set out in the indictment they
Ecould not be received as evidence.
Merrick reminded the court that he
had. on Friday last, said he would
let in these drafts if it should be
shown that Brady had received any
benefit from them. He had then
overlooked the testimony Of Walsh
to the effect that Brady received
half the proceeds. The court said
he was inclined to think he was in
error when he made that decision.
If Walsh's testimony had been
so narrow as to be confined to
the Corpus Christi route, it would
not be received. It had only been
let in because it was so broad as to
affect all the routes. 1t therefore
did not seem proper to let in matter
which, although referred to, would
not have been of itself good evil
dence. The prosecution then called
! B. U. Keyser, receiver of the Ger
man American National Bank. He
said his books would show transac-
tons with Miner, Vale and others
Of the defendants. But as he failed
to bring with him the books spoken
OF, his examination was postponed
until tomorrow. Merrlck stated
| that he expected to have one or two
addItional witnesses, but believed
they could close their case to-mor-
row
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