Savannah morning news. [volume] (Savannah) 1868-1887, 1882-09-07

iAi re HAss OF notes ana hal1 dozen law
books.
When the court was called to order the
Attorney General began his address with a
sta ement as to his connection with the case.
It was now one year since he had received a
telegram from Attorney General MacVeagh
to take charge Of the case, and to consult
with Mr.. Bliss Ia regard to its man
agement. After consideration he had
consented TO do SO on condition that
he discovered that It was a case
which ought to be investigated. He had
come to Washington, and instituted suit bv
filing an information. Out OF that informa-
ton the odious thing known as the star
route case had developed and upon that in
vestgation before Judge Cox he had come
10 the conclusion that it was a case which
ought TO be Investigated. and he con-
sidered that II was a Cu 2 the accused
owed to themselves to demand an inves-
dgation, one of them having been a Sena-
tor OF the United States. and another hav-
ing been a Second Assistant Postmaster
General. Itseemed to him that as a point
OF honor they should demand an investiga-
ton. When the information was brought
in the prosecution was told in tones that
sounded Ike trumpets, that all the de-
fendents wanted was q fair examination
according to law. "Give us an opportunity"
they said, ito 90 before the grand jury and
traverse jury. Let us be fairly heard aud
we will come here and triumphantly vindi-
cate ourselves" He respected the men
who had manhood enough to stand up and
talk that way. They did go before the
grand jury, and the grand jury found an in
dictment, and now they were before the
traverse jury. Had they shown a zeal
to tell the whole truth and nothing
but the truth? Here was an Indictment,
than which no better was ever drawn. He
had selected Mr. Ker to draw it because he
was determined that the best man he knew
Of should be the man 10 prepare
that paper for the sake OF defendants as
well as of the government. How had
they met from the hour that
indictment was drawn down to the last in
slant OF Mr.. Ingersol's speech. There had
been nothing but carpiHg and dhyperertieism
on that indictment. They attempted to get
the jury to acquit them on technical points.
Those were the men who came into court
boasting that all they wanted was an oppor-
tunity to Vindicate themselves before the
world.
He wished to explain why he was here.
He was here to see fair play. He was here
on behalf of the govern ment, that wished no
mans conviction sunless be were clearly
guilty, to say that If these men were inno-
cent they must be acquitted, to say that the
government would not have the law
strained in the slightest degree to secure
a conviction. The jury had been
told in peremptory and almost
offensive tones that his presence here was
an intrusion. He had heard day or two
since that 1t was beneath the dignity of his
high Office to appear before an inferior
criminal tribunal, and that no such thing
had ever been heard of In the history of this
Republic. This was not an inferior crimi-
nal tribune. It was a tribunal of great
dignity. Before this case Was
called this room had been filed with
crowds upon crowds Of people to hear the
trial of the assassin of the President of the
United States. That tribunal called an in
ferior tribunal that tried a man for assassi-
mating the President of the Republic
That atfront that was put upon the dignity
OF this tribunal was in keeping with the
whole conduct Of the defense. From the
beginning the case had been fostering with
lies against everybody who stood up here TO
cry out merely for the execution OF the
law. 1t had been said that no
such thing had ever been heard OF as an
Attorney General appearing in such a case,
and that he was the subordinate OF the Dis
trict Attorney. II was no derogation OF his
office to say be was a subordinate of any
officer who aided In the administration of
public justice. From the hour when forty
five years ago he had become member of
the profession he had felt himself bound as
point of honor to appear wherever Justice
was administered If his services were re-
quired, ,and Magistrates office was so hum
bic that he would feel himself degraded in
entering If the necessities of his clients
case required his presence. Wherever JUS
tice was administered the place was sacred.
Counsel who had claimed that the ap-
pesrance Of the Attorney General in a
criminal suit was without precedent could
haUa In
notice he had discovered numerous prece-
dents. The defense should have trust
ed to the books more than to
declaration, drawing the verbositv of
this discourse finer than the staple
of their argument. In "Wharton's State
Trials" there is recorded a case against
an illegal privateer, tried in the Circuit
dolph, the first Attorney General of the
United States, appeared and conducted the
case. In the same book was recorded the
fact Of Attorney General Bradford
appearing for the government,
and also the fact OF Attorney General Lee
appearing in a criminal suit. In pre-
liminary hearing before Chief Justice Mar
shall sitting as a committing magistrate,
when Aaron Burr was charged with treason.
Attorney General Caesar Rodney appeared
and urged his commitment. Now (sarcss-
tically) that was never heard of in
the history of this republic. 1t was pretty
much like everything else that had been told
the jury. The same was true of England.
There were siXty-seVen instances of great
men like Lord Coke, Lord Bacon, Lord Ell
don, Lord LOngborough and Lord Ellenbor-
ough appearing in and arguing cases for the
Crown. Yet 1t was said it was beneath his
dignity and the dignity Of his high Office to
come into this inferior court. "If my
place is anywhere" he continued, Tenn
phasizing his words with strokes of
his hand on the table before bimI
''in the performance of the functions |
and duties of the high office bestowed on
me, 1t will be here as it is here. Now, now,
now, my place is here. Why? Because |
want to see justice done, and as far as L am |
l am determined to see It done.
or else surrender my Office"
Continuing, the Attorney General said he |
had arranged and methodized the conduct |
OF this case from tn beginning. The |
gentlemen in 1t. with the exception of Mr.. |
Bliss, he had invited. He had de-
that this case should have an ele- |
ment of that vulgar thing called politics in |
it. He had been determined that every |
side OF public sentiment, Demoratlc and |
Republican should be here, that the
should be pro bono pu6licO. |
After paying high compliments to |
the governments counsel engaged
in the case and stating that the defendants,
lawyers were mistaken In charging that he
was not familiar with the case, he ad-
dressed himself to the merits of It. He ex- |
pressed his supreme regret to see Turner |
sitting at the defense table and assisting |
the other defendant, after having done what |
he had. He might not have guilty knoWl- |
edge OF the conspiracy. He might not have |
any gain or profit except the pos
session OF his office. After he (the Attorney |
GeneraD saw what he saw here, saw the |
eagerness with which Turner associated |
bow consulting and advising them-atter |
he saw that he almost repented that Mer- |
rick had said what he had. He felt as Mer- |
rick did, that it would do Turner good to |
hear the grating of the pen
itentiary doors little nearer,
but be now thought Mr.. Merrick's hopes |
fer his repentance were rather premature. |
1t was a scsndslous thing. A man came |
here Indicted and evidently guilty of some |
kind Of malfeasance in the discharge OF his |
duties, and 1t was scandalous to have such a |
man. who had enjoyed the clemency of |
the government, dare to sit here,
as Turner now sat, aiding and
the other defendants. Bu5 II was |
In keeping with the whole defense. He |
knew no shame. He had no regrets.
The Attorney General wound up his days |
address with legal argument to the court |
as to the quality of the evidence, which is
required to prove conspiracy, and dwelt |
briefly upon the difficulty of proving It by
positive and direct testimony. He stated |
that he wouId close his a6draes to-nnrrovv