Savannah morning news. [volume] (Savannah) 1868-1887, 1882-09-16
THE STAR ROUTE TRAILS.
THE RERDELL-NINER VERDICT
SET ASIDE.
Sharp COllOquies of Counse1-Lawyer
Henkle's Cheek-Campbe1 and Bowen
Deny DicksOn's Charges The New Trial
Set for December.

WAsHINsToN, September 15.-In the
Criminal Court to-day, after counsel for
Miner and Rsrdell had filed their affidavits
IN support of the motion for a new trial,
Mr.. Merrick, Of counsel for the government,
said: 81 have had no opportunity
for personal communication with the
Attorney General, but In any emergency
arising in case counsel must perform his
duty for himself and take the responsibility.
Neither have had much opportunity Of
communicating with Messrs. Ker and Bliss.
find some motions on file for a new trial in
the case OF a convicted defendant,
accompanied by statements of a variety of
reasons and by some affldsvits. Among the
reasons is this one, namely: that the verdict
Is Itself unreasonable. AS counsel fcS thss
Government of tie United States, l sm n0t
disposed to put on file nv consent to the
granting Of this motion, but as counsel for
the United States feel it is my duty not to
oppose it. The Government Of the United
States itself is not entirely satisfied by any
means with this verdict. 1t is a verdict
which subjects masters to retrial and
eonvicts servants and minions. Tne
jury presumably found evidence Of
conspiracy to defraud the United States,
and Of an 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 determine
tion of conviction Of guilty against Rerdell
and Miner, there was left for them some in
quirY as to who else was in the conspiracy.
deeply guilty in point of morals and
law as Rerdell aud Miner are,
the crime they perpetrsted was scheme and
device of others. Now, sir, the Govern
ment of the United States cannot consis-
tently with It's dignity object by practical
resistance to the motion made to set aside
such verdict and bring to trial again both
the masters and servants, Ia order that
full justice may be done. The Govern
ment of the United States seeks no vic
tins. 1t seeks simply for justice, and
when a verdict apparently trlfes with
Justice it cannot meet with the approval
OF the Government Of the United States.
With these brief remarks the governments
counsel leave the subject of this motion to
the direction Of the court, not consenting
but not resisting, hoping for the purity of
its records 1t has resolved on the prosecu-
tton Of these 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 proceedings Mr..
Merrick stated that he had looked over the
affidavits and had seen none which alleged
the fact that Dickson had related to the
other jurors the circumstances attending the
alleged attempt to bribe him, .notwithstand-
ing His Honor's directions to the contrary.
Mr.. Henkle proceeded to argue that the
verdict should be set aside on the ground
that the jury had been tampered with, and
in conclusion said the court room was
dotted all over with ''spotters," !" whose busi-
ness it was to shadow the jurors, counsel
and witnesses, and some of the Vllest men
In the community were right there all
through the trial, doing that very thing in
the service of the government.
Mr.. Merrick-In the service Of the gov
ernment?
Mr.. Henkle-Yes, sir.
Mr. Merrick-Is there any affidavit of
this sort on file?
Mr.. Henkle-1 have not any proof of this
now, but will furnish 1t when we get to
the investigation of the matter.
Mr.. Merrick-When We come to investi-
gate the matter we will reach the conclusion
that this approach OF Dickson was a got up
thing on the defendants side to bribe.
One juror happening to be In the court
room was called to the witnesssstan and
testified to the reading of a statement by
Foreman Dickson after the retirement Of
the jury. He said that the jury voted In
the affirmative upon the question as to
whether the paper should be read.
The Court-What | wanted to know was
whether the jury had violated the direc-
tions OF the court. That verdict of guilty
then as to Rerdell and Miner is set aside,
not only on account of the misconduct Of
the jury, but may say on account Of its
general unreasonableness. Not that the
court would have made this decision on the
latter ground alone, because the unreasou-
sbleness of the verdict is for the jury rather
than the court, unless its unTeasOnableness
shocks the court. These two men seem to
be at the two ends OF the line. 1t did not
seem to my mind that they could have
gone into the conspiracy without having
mad any Of the others along with them.
But the jury thought that they could, and
l would not have disturbed the verdict on
that ground. But when | see that the YER
dict was made up by jury that were dis
cussing other matters that were not In evi-
dence, of course my duty is plain to set the
verdict aside. As to the acquittal OF Peck,
who is dead, hope he is acquitted every
where. We were not trying him. AS to
Turner, of course, the verdict stands. The
court grants new trial, therefore, to all ex-
cept Turner and Peck"
Miner and Rerdell were then released on
bail in the amount of $4,000 each, Vale
and Williamson becoming surety for the
former, and A. G. Richards for the latter.
Mr. Merrlck asked that the court should
fix the first Monday in December as the
date for the new trial, and the court did so,
notwithstanding the protest of MIR. Henkle.
The court then adjourned.
TIE JURY FIXERS.
Brewster Cameron and Bowen, special
agents of the Department OF Justice, who
are charged by Dickson, foreman of the late
''fixed" star route jury, with having at
tempted to bribe him on behalf OF the
government, have been heard from off,
cially.
Brewster Cameron denies Dickson's state
ment as far as he is concerned. Bowen also
denies Dickson's statement relative to him,
and says that the first intercourse he had
with Dickson was an approach made by the
latter to find out through him if he could
get anything as q member of the jury If he
voted steadfast for conviction. Both Cam
eron and Bowen are in the West, but are re-
turning to Washington.
Weather Indications.