Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-08-17
THE STAR ROUTE TRIAL.
MIR. CHANDLER CLOSES HE ARGUMENT.
MIR. BLISS FOR THE PROSECUTION.

MIR. BLISS FOR THE PROSECUTION.
When the star route trial was resumed this
| the jury in behalf OF MT. Brady Mr. Chandler
! having quoted decision in an English case, re.
specting convictions OF joint defendants in a con-
spiracy case, Mr.. Merrck observed that it was nc
| where in the Indictment charged that these de-
| PENDANTS were mutually interested in the various
contracts specified Brady ana Turner were moi
mentioned as having the same relation to the con.
! spiracy as the other defendants
| MUTUAL INTEREST
| Mr.. Chandler, continuing, urged that the gov.
| ernment counsel could no more detach themselves
| from this charge OF mutual interest than they
| could shed their flesh It was the muscle and
% s,neW OF OF the whole charge; 1t could not be said
| amount to anything. In loose expression yes
terday, Mr.. Chandler said he had remarked that
| sight. This careless and unkind remark he had
| Immediately regretted The brains of this prose
eution are here, and they are giving the best
reasons they could for maintaining this proSec,l-
tion. and they were no reasons at ALL In order to
defraud a man. he must stand on terms of ine-
defraud the United States. though the government
| stood on equal terms with these contractors 1t
was said that Mr.. Brady was part of the govern
! ment. There was not bit OF evidence to show
| that Mr.. Brady had acted, at any time except In
| accordance with the usages and customs OF the
| IL.
Mr.. Chandler said these Defendants when they
entered upon these contracts were inexperienced
In In mail matters Mr.. Bliss had referred to John
| w. Dorsey even as "a scrub
SCRUB FROM VERMONT"
MIR. Merrick denied that Mr.. Bliss had used this
| expression.
| Mr.. Bliss, who was lust entering the courtroom
with his satchel in hand, caught the drift of the
remarks, and stated that he had never used the
| expression 'sScrub' in his opening address
"The whole thing is scrubby affair." Go ahead y
| said Mr.. McSweeny.
Mr.. Chandler said he would then discuss the
| subject of scrubs no longer He renresented the
government as being thoroughly experienced in
mail matters while these defendants were inexpe-
some alluSiOn to the personal appearance OF Mr.
Miner. MI. ker must know that when he enters
upon the discussion of the subject OF faces he is
! ge.tlng upon very uncertain ground. They were
not all so handsome as Mr. Ker, but he should not
exert the tyranny of his good looks over them.
Mr.. CHANDLER's DEFENSE OF BRADY.
Mr. Chandler, proceeding, argued that up to the
| hour that Walsh went on the stand it was not
pretended that there was the slightest evidence
show that Brady had misused hts official position
| He was not going to discuss Walsh's testimony,
put would leave it to others. He argued that II
| Mr. Brady was charged with bribery the evidence
OF walsh, manifestly, would not be sufficient to
convict Mr Chandler then argued and presented
authorities TO maintain, that whatever was sane
toned by Congress- was lawful.
lie next argued the proposition that the Jury were
lu1ges or the law as well as of the facts He quoted
vermont vermont, PENNSYLVANIA and other decisions in
tlnued exercise OF power by even the most enlight-
ened men did not contain an element Of danger to
the cltiZen and it was in view OF this that trial
by jury was Instituted. Mr.. Chandler argued on
constitutional grounds the right OF jury to de-
termlne the whole case-the law as well as the
fact.
JUDGE wYLIE DIFFERS FROM Mr. CHANDLER.
Judge Wyie said the Constitution did not confer
any such power upon the verdict O. a Jury II a
verdict OF acquittal be the verdict q the jury the
court, unquestionaby could not st aside the ver-
dict. as the judge could not know on what the
verdict was based, but verdict OF guilty could be
set aside by judge If made contrary to his In
liberty OF the citizen,' said Judge Wyle, "frOm
the clanor OF the populace than the oppression OF
the the government II the clamor Of ihe populace is
the danger, who Is to protect the Citizen for the
Jury belongs to the people7 Who is to stand in
the .a gaP2 "a - = think III! 4 tn that Is your case.
~ admit" said Mr. Chandler, 1--WE are assailed
from all points, but we have some reliance In the
Judge Wylie said that If the court was to abdl-
cate It's power as judge OF the Law and allow men
TO decide what Is law, when they do not know the
1aws e WI VINO % was to protect the liberty Of citizen?
ties presented by Mr.. Chandler as we'll as he could
| with his prepossessions.
Mr Chandler finished his argument at half-past
II O'CLOCK, and was Immediately followed by
Mr.. Bliss for the Government
MI. Bliss, after facetously quoting an old story,
prevalent in New York. that it was his duty to
render the jury still further objects OF comparison
said he would not reply to the law argument of
Mr. Chandler or the matters net In the evidence
brought in by Mr. Carpenter. He said the prose-
cution admitted that the pioneer in the west was
a5g nad Sat ~ days
| their testimony with reasonable promptness The
uelense had spent TWO days in suppementing the
g9vernment,s gn case by examining buell. and Vaiie.
They occupied two days more in proving how
reckless congressman could be in asking for ex-
pedltlon. the cost of which they did not know and
dld not care about and two days more in Offering
| tnadmissible testimony. There were in evidence
| So1 separate exhbits-he thought larger num-
Ger , than had ever been proved In a case, all OF
which had to be brought in some way to the
attention Of the jury; therefore, IL he went some
what into detail it grew out of the necessities Of
the case. He directed his attention first to
THE CHARGE OF EXTRAvAGANCE,
speaking of thousands OF dollars paid to contrac-
tors on orders to carry the mail on slower time
than 1t was actually being carried on when the
order was made. 1t was said that the contractors
mad kindly carried the mail on the fast time, and
tice. He referred to Peck 8 Co.'S Calf california mia
| route. In which. the contractor was paid over
That money went not to the people who carried
| the mail, but to people In Washington.
There was not any pretense OF Justice and de-
cency In taking that $17,OOO out OF the Treasury
| Respecting the route from Kearney to Kent, the
| evidence was undisputed that the mails had been
carried % all the time at rate as fast as the expe
g. 200 was allowed for expedition to the contract
ors until after the investigation which led to this
trial was started The government was paying in
this case 81 ,2O2 65 for service which the sub-con-
| tractor was performing for 81 800 II Brady had
wanted to secure expedition for the bene1t OF the
pubic service would he not have inquired into the
| cost OF the service? The route from Pueblo to
Greenhorn offered another instance where the
expedition resulted in no practical benefit to the
government or the people. though 81, 500 was paid
NOMINAL EXPEDITION,
simply for the benefit OF contractors here. On the
Silverton and Parrott City and Trinidad to Madi-
son routes the expedition was of no SERVICE as the
orders ON the Mineral Park to PiocNe route as one
SO improvident that one could nd believe that
IL was made honestly. The Increase on that route
was made In spite OF the protest OF the postmas-
ters on the route that the original schedule was
faster than the necessities of the people required
It was urged by the defense that that was o
great through mail route and 1t ought to be
Increased. Mr. Kreiger, the postmaster on
tnat route, testified that from the north
coming over that route the mail bags were con-
stantly empty, there being almost absolutely no
mall On the route. For 80 days the postmasters at
the END OF the route made statement showing