The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1882-09-15
The sTAR-RoUTE TRIslS.
Conclusion Of the Long and Tedi-
GUS Case.
Judge WyHe's Strong Charge 10
the Curry.
A Mixed and Unsatisfactory Verdict.

Washington Telegram Sept. 81 to Chicago Trib-
une.f
Judge Wylie's charge to the jury in the
star-route cases was very strong ON behalf
of the Government, 1t was clear that the
Judge, at least, thinks that the jury will be
without excuse if they shall disagree or bring
in a verdict of not guilty. Thus far they
have only been able to agree as to one Of the
defendants presumably Turner, and that he
is not guilty., but this is only an inference
They have been remanded to their quarters
until to morrow at 10 O'Clock The Judges
charge and the answers TO the excep-
tions of the defense to the charge
occupied a session of five continuous
hours. Judge Wylie is a modal of Judicial
caImness and deliberation. His charge was
entirely free from passion, but was to the
impartial listener resistless in its logic, and,
if the technical lawyers may claim that he
too strongly put the arguments for the Gov
ernment, laymen admit that he spoke the
words of truth and common sense Those
who have not heard the testimony in the
star-rOute cases cannot read the charge of
Judge Wylie without coming to the conclu-
sion that the Cover ment's case at least
ought to sprevail and that the conspiracy
spiraey was made much simpler than the
mystifying arguments of the counsel for the
defense had made it, and the dust which
they had raised as to the question of overt
acts was fully laid. He maintained that,
strongly as the defense had resisted such
proposition the conspiracy might be proved
by the overt act as it's consequence, even if
the conspiracy itself could not technically be
established, and he charged that if one overt
act of the vast number contained in the
more than fifty printed pages in which they
were scheduled should be sustained, the
conspiracy would be established AS to
the question OF proof, Judge Wylie
prove the conspiracy and the existence
of the overt acts than it seemed possible af-
ter listening to the arguments of the de-
PENDANTS counsel Yet he was entirely lust
to the defense. He insisted in the broadcast
manner that every juryman in his own con-
science, must be satisfied beyond a reason
able doubt of the guilt of the accused
While at the same time maintaining that the
Judge is condemned who allows the wicked
to escape, he talked as q practical man to
practical men, and made no show of learn
ing, and, in the discussion of the legal ele-
ments of conspiracy, made the matter so
simple that the most ignorant Jury
man could have no excuse for not under
standing HIM AS sample Of the evidence
he took up one route-that from Vermil-
ion to Sioux Falls, which, although one of
the smaller routes, shows in the clearest
possible manner the scope and purpose of
the conspiracy. 1t shows, too, better than
some of them, how great a pretense it is for
the defense to claim that they are not re-
sponsible for their acts, since they were re-
commended by Congressman Upon this
subject Judge Wylie showed greater indigna-
tion than in any other part of the charge.
He declared, with great emphasis, that an
executive officer is governed by the law, and
not by the will of a Congressman or of the
General of the army, and that Congress
man was no more to be respected out of
Office seeking his own ends than any other
man.
His criticism upon Gen. Sherman's testi-
mony will hardly be read with pleasure by
that gentleman. Judge Wylie plainly said
that in time of Indian trouble, he thought it
not the duty of the Postoffice Department
to extend mail routes over the Rocky mount
aims and among savage Indians, in order that
the mail carriers might be pickets for the
army but that then was the time when the
law required the Postmaster General to ex-
ercise his discretion to withdraw the service
The fact, too, that there were many good
petitions among the many bad and fraudu-
lent ones, he claimed should not be made an
excuse for acquitting Brady of the bad exer-
else of his discretion. AS was to be expected,
the defense made desperate effort to break
the force of this decision by exceptions, en-
tered in manifold forms. 81
The jury retired at nearly 4 o'clock, to be
called again in the court at g. When the
latter hour. arrived, the courtroom was
crowded, but theprincipal defendants, Brady
and Dorsey, were not present. The foreman
of the jury announced that they had only
been able to agree as to one. Judge Wylie
said: THAT won't do" and remanded them
to their quarters until morning. with the
intimat1on that, while the Marshal
would make them comfortable to might,
he would not promise like comforts for
another night if a verdict should not be rem
dered, and Judge Wylie is as good as his
word, for, a few years ago, he kept an obsti-
nate jury for hours without light or food,
and finally forced a verdict The Govern
ment certainly has great apprehensions to-
night that the jury will not be able to agree,
and that it will be found that the @jury-
fixers" have done their work