Savannah morning news. [volume] (Savannah) 1868-1887, 1882-09-05
THE STAR ROUTE TRIALS.
LIVELY PASSAGES IN COURT.
Counsellor HenkIe Tries Sharp
Tactics, and IL Taken Up short
Judge WYlie's sharp Rebukc TO
the Defendants Lawyers.

WASHINGTON, September 4.-Mr. Henkle,
of counsel for defense, resumed his argu.
ment in the star route trials to-day, and had
not proceeded far when he attempted to
bring into his remarks the point which had
been dwelt upon in some of the rejected
testimony, to wit: That 1t had been the poi
icy OF the government to extend the star
route service.
The court reminded Mr.. Henkle that all
testimony upon the question of policy had
been ruled out, among the rest that of ex-
Postmaster General Key, whose testimony
was particularly referred to.
Mr.. Henkle then went on to show that
the indictment charged that the Postmaster
General had been deceived, and asserted
that the burden of proof was on the prose-
euttoD. 1--WE brought on Postmaster
General Key" continued Mr.. Henkle, "and
these gentlemen could, il they wanted to.
have asked him II he approved Of those Or
ders or not.n
"I must DECLARE" broke in the court in.
digDantly, "that that is a subterfuge I'm.
worthy of your character. The court will
not allow 1t to go further. l attemnted to
arrest your remarks before, and you pro-
ceeded in order under your pledge, and /
think that this thing is altogether beneath
your standing at this bar. l must exercise
the power Of the court, If cannot rely on
your Loyalty as a member of the barr
Mr.. Henkle argued in justification of hfs
attempt to comment upon the fact that the
prosecution might have but did not call
Postmaster General Key to prove that he
had been deceived, and he was reinforced
bv Messrs. Wilson and Totten, but Judge
Wylie steadily refused to permit that matter
to be argued, saying:
"Counsel has no right to comment upon
the prosecution for their failing to call the
Postmaster General to prove a fact that it
was not known whether 1t could be proven
or not"
Mr.. Henkle went on to argue that he had
a right to comment on that fact, when he
was angrily interrupted bv the court with
the exclamation: "I shall stop this. There
must be no more said on this subject"
Up jumped all the counsel for the defense
demanding an exception to the ruling. Col
T0tten crying: "We all want an exception. -
The Court know you do. 1 have sell
dom witnessed more fragrant offense In
getting remarks unfairly before jury"
A recess was then taken. After recess
Judge Wylie said that during the recess he
had examined the record of the testimony
OF Postmaster General Key, and he had
come to the conclusion that he had done
right in excluding the remarks which Mr.
Henkle was about to utter Just before the
recess. Those remarks had been based on
the fact that the prosecution had failed to
call Postmaster General Key for the pur-
pose of proving that he had been
imposed upon. There was no evidence at
all to show that the prosecution knew that
they could prove the fact that he had been
imposed upon. On the contrary, his evil
dence In the case showed that he was
not aware that he had been imposed upon
at all. On that ground the court thought
that the comments OF counsel were
out of place. Counsel had COM
mented in the first place on the fact that
the court had excluded Keys evidence
and was engaged in drawing an inference
from the decision of the court when the
court saw fiG to interfere. Then counsel
had changed his ground and proposed to 90
TO the jury with remarks founded on the
fact that the prosecution has failed to call
Key to prove that he had been imposed
upon. l. did not appear that Kew could
have proved that fact. 1t was
plain. therefore. that there was
no foundation for the comments of
counsel. At the risk, therefore, of appear
ing a little discourteous to counsel, the
court had felt called upon to assume the
ground, and felt called on now to maintain
this ground, that these remarks were out of
place.
Counsel for the defense again voted ex-
ception to the Judges remarks, and Mr..
Henkle proceeded and argued that YER
dict must be found for or against all OF the
defendants.