New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-07-20
THE PROCEEDINGS IN DETAIL.

THE PROCEEDINGS IN DETAIL.
WASHINGTON, July 19.-In accordance with
the arrangement made yesterday. today set down
for argument in the Criminal Court upon the admiss
by Of the evidence in the Star Route cases Of the
witness John A. Walsh II is understood that the de-
cison OF this question will also affect the admssiby
OF the Rerdel confession, and upon this last piece OF
evidence is generally believed depends the success OF
the efforts to make out against the
Star Route defendants
Mr.. Bliss opened the proceedings with
request that the Government be allowed
the opening and closing argument The Court
said that as the argument might perhaps in
vove the question of the competency Of tho evidence
presented by he Government to make out the conspir
acy he thought that they should have the opening and
closing argument AS to the question OF the time to be
argument depended tue fate Of the case and he not
feel disposed to limit it. He would rather leave 10
BY direction OF the Court the prosecution through MI
ker, then began the opening argument he said the
question involved In the otter OF the evidence was
broad one as to whether "A mans confession could be
accepted evidence against himself This proiier was
10 Brady The GovernmenI now intended to submit: to
Court the question 20 whether the Government
stence of a conspiracy among the deIendants Mr. Ker
said conspiracy was technical crime ana It's deinl-
ton depen Ied altogether with the Court.
testimony of the witness Boone was still fresh in
the mind of the Court 1t had been shown that he was
dragged into the combination by Stephen w. Dorsey;
that ner had prepared the figures and that Peck was
a
The Court interrupted Mr. Ker at this point, and call
ing his attention TO me presence OF the jury said that he
iaca case OF conspiracy. He must assume that, and
then SEQ whether the evidence was competent,
Tor the Court dIu feel warranted in in
vading the rights of the jury unnecessarily
Mr. Ker expressed his willingness 10 have the jury dis
Charged for nOur IL rot his Intention to take
any unfair advantage in tuat respect The Court then
told hcjury That they might retire If so disposed but
lucy listened To gumout IL was only far That
tney should listen 70 ali VI tnem None OF the jury
Kesniug the Court said that where the confession Of
person tne rule of law was tn SHAT ii
warrant the submission the evidence the jury,
the court would receive the confession;
I II appeared the facts presented made out prima
facle Of conspiracy II Il even appeared that other
evidence sufficient make out the prma facie case,
hui strong enough be gwen tie jury, had been pre-
scnted tnen the confession would be- let in. But 1t
must ale 60 of parties while actually
carrying out the conspiracy In this Gaze there was
ay 10 the Jury ouS The 'at offer Gd not Dro Ge
what was said to witness the stand by Brady in
1850 upon other subjects not connected with tins mat
Ter at all was ano5ner question.
MIR ingersoll SAID that he did not believe that the
Cour had decued that prima facc case mad been made
out bu ne wanted S1 sys thai se ba NM upon
oided had only said that evidence mad been pre-
scented of CHARACTER whch warranted It's submission to
NJ derrick said that he satisfied with this ruling
WAS the POSITION wDicn had been Caken by the prose-
cution when Mr.. McHugh tue stand. lie under
stood the only question under CONSIDERATION was
Court answered that ne was correct III That under
standing $780,, -, . -
snllre question whether q mans confession could
be USED against himself AFTER the commission OF the
tlary sent there by HIS Honor mai4y upon their
confessions. confession was tue nignest class of
dence known 10 the Mr. ker at length
with citations Of many legal DECISIONS, which ne said
estabisned claim that the confession was good
drnce against the party making 10. AS the adj
yanced Otuer Confessions would De produced, and the
court would be called upon to direct their application to
h.fan ID kerr turn
to the facts how these routes grew from few
hundred dollars to thousands to tens OF thousands and
ali of this was done by Brady VITA his httle blue pen
ell by words DO tnis Brady In the name OF the
people wnom TINS man was supposed 10 nave repre-
he called upon the Court 10 admit all OF the evidence
this case A., . 4, a..
He said the requisite OF the testimony was peril
nencv 70 the of tine indictment he de-
MED mat II was 90 pertinent The conversation between
Walsh and General Brady mad been aDont matter for
,n 70 the subject OF the Indictment and was oonse
o15snty irrelevant evidence. According language
OF tue rule evidence must refer exclusively, not
TALLY, ~ the matters charged MI Walsh did not pre-
10 saw he had expedited for which Brady mad
been paid Tney not confronted with another crime
of similar nature 70 tnat charged IN tne indictment but
only statement, ald toe evidence showed
that there nothing wrong with walsns route
AGAIN Brady SAID " have made Statements of what
he did generally IN the discharge OF his Ocal duties
referring particularly TO ms case put only what
eyiencc2 could be admitted because 1t was I'M
nofen because IL did not prove thing because Was
haired by ne laws OF evidence there any thing In
this there WA jOint inability and would De rdlc
certain evidence against
and by express direction remove from the jury
where other persons concerned Conspraces were
different from crimes. one person could not com
mil IT, could not confess H. Inc issue In this
case AZ and the evidence did not meettl
issue II NJ to prove anything against Brady II
was that Improperly influenced IN his Official
and mgn: well form the basis Tor charge
bur not the charge conspiracy IL Was "a distinct
offence. :, -
Mr. Chandler was followed by Mr. Mcsweeny, who said
the position the Court had gone 10 the root OF
the matter and by combining the argument 70 this evil
alone had the defence from taking up
the oueston suicency of the evidence produced
u make the conspiracy.
Tine star Routes Thousand In number said Mr.
Mcsweeny as numerous as the stars IN heaven yet
cording 10 Walsh all paid tribute to Brady-the king OF
all he suryeyed-and Walsh told tnat he must pay
his SNARE pursuance OF conspiracy, but with
tho PLANTATION that the OF the Depart
ment Mr. McSweeDy again quoted from the record por
Of the AT that conversation, said no,
Walsh had produced Brauy's notes and tne latter had
seized them He would assume TINS to be true for the
purpose OF argument although it was tho hardest ~
sumption ever made for that purpose: Then they
quarreed. aud parted not as Trends for now could
men be friends when one held thousands belonging 70
another As Walsh was leaving Brady called nun back
lie said, Walsh I've got your notes ana ~ put nsa IN
your that will send You higher than kie, coniound
you And then he told nm OF the practices OF his oce
relative TO expedition told him that oil CONTRACTORS PAID
him share OF profits That was extreney proDa-
that kind OF evidence that the Govern
attempted purify the air OF the grand Jury room