Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-08-02
STAR.ROUTE TRIAL.
Senator Maxey, Of Texas, Ex-Pestmas.
ter.General Key and General
Sherman
On the Stand-M0st Of the Evidence
Ruled Out-The Question Of
Policy.

| WASHINGTON, August LIN the Star.
route trial this morning, Senator Msxey, OF
| Texas, testified that in 1873 he was ch air.
man of the Senate Committee ON Postoffices
| and Postroads.
He was asksd il he had not frequently
called upon the acknowledgement and
| second assistant pos.master-general, while
| acting as chairman of that committee, with
the object OF securing increase and expe-
| dition of the Star-routes in his State.
The question was objected to by the prose-
cution, because none of the routes named in
| the indictment were in Texas.
Ingersellsaid it was proper to show tn at
Brady had not been influenced by mercenary
motiyea, but rather by the advice of the
whole administration. Immediately upon
Senator Maxey leaving he intended 10 call
the then Postmsster-General Key to show
what the policy had been, and then they
were through with this matter, unless the
prosecution could bring home bribery to
General Brady.
The Court said: sThis court was estab-
lished to try questions of low. He did no.
propose to allow the defendant to screen him.
self by producing postm asters-general and
senators and representatives TO show policy.
He had the power to establish new routes.
The policy of the government is to be found
in its laws. The Supreme Court had de-
ciared that In their Interpretation debates in
Congress when they were enacted could not
be looked to. 1t was said this policy was
adopted by the second assistant postmaster
general, under advice, as though il was the
correct policy. Suppose it was right, what
had it TO do with this case? Lord Bacon de-
tended himself from the charge of bribery by
saying his decisions had always been right, yet
ne had very properly been convicted of bribery
and stripped of his gown. Suppose this pol
icy was right and the charges in the in
dictment were sustained, what becomes of
the policy? Admit the correctness of the
policy and you do not bar the prose-
cution in the least, if they make
good their charges. Suppose the members
of the postofice committees OF both houses of
Congress called upon the second assistant
acknowledgement and recommended the in
crease of certain route if the second assist
ant postmaster-generai had received bride
70 increase this route, would it help him TO
show that he had acted upon the advice of
representatives,? l must positively rule out
the evidence"
An exception was noted and the witness
was SLOWED to step down.
Ex-Postm aster-General Key was then
called. A number OF questions which re-
lated to the general policy OF the depart
ment were ruled out by the Court because
the witness could not speak particularly of
any of the routes named in the indictments
1ogersoll said that he wished to show by
the testimony OF Postm aster General Key,
that in reality the postmaster general, and
not General Brady, was responsible for the
expeditions ordered. The postmaster gen.
eral laid down the policy OF expedition, and
Brady followed it.
The Court, however, would not admit the
evidence.
In answer to an inquiry from Inger soil,
the Court said the question at issue was
whether the expedition had been really
ordered, for the public officers are presumed
to have acted honestly in interpreting the
law. The real question on trial was whether
Brady had received money from contractors
for ordering expeditions, and the question of
policy did not enter into it.
The records of the expedition orders were
brought into court, comprising six large
volumes, but they were not put in evidence. |
Merrick said he should have to request |
udge Key to remain in this city for few
days, SO he might examine him when these |
records were put in.
No cross-examination was had and the |
witness was dismissed.
VIM. I. Sherman, general of the army, |
was the next witness. He recognized his in |
dorsement upon the petition for increase and !
expedition upon route No. S,113, and testi- |
fed at length as 10 his reasons for recon-
mending the increase.
After recess J. l.. French, ex-chief clerk |
Of the second-assistant postmaster-general |
was recalled, and detailed the business rou-
Tine of the contract Office. Adjourned.