Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-07-26
The Star Route Trial.

The Star Route Trial.
AN APPLICATION FOR BAIL FOR j. B. PRICE, RE-
FUsED-PRTCE REPRESENTED AS A FUGITIVE FROM
JuSTICE-TEsTIMoNY TAKEN To-DAY-THK RECORD
OF EXPE DITIoNS NOT CONSIDERED ADMISSIBLE AS
EVIDENCE
When the Criminal Court opened this morning
Mr.. VIM. A Cook arose and called the attention
| OF the court to the case of the United States agt
Brady and Price, with the view OF fixing the bail
for Mr. Price. For several months, he said, he has
been afflicted and under the care OF surgeons and
Tor this reason an earlier application had not been
made. In few weeks he will appear in court
His counsel, ex-Gov. Brown, desired that the
amount OF the bail be fixed.
FUGITIVE FROM JUSTICE.
Mr.. Merrick said that Price was a fugitive from
justice, and out Of the country. 1t was hardly
proper for a court to negotiate with fugitive
| across the border. When he comes into court it
will be time enough to fix his bail.
ME- Cook replied that while 1t was true that Mr.
OF surgeons. He denied that he was a fugitive
from Justice In any sense of the term.
EX-GOv. Brown was introduced, and said that
Col Price was, In no sense, and had been, in no
sense, fugitive from justice He had gone to this
found.
Mr.: Bliss said that if he is able to come here he
should do So If he Is not able to come here, then
the application for bail should be refused.
THE COURTS DECISION.
The court said that bail could be given by the
defendant appearing In the court, and also, under
the statutes bail could be given by his giving him
self up to arrest at his own home. The court could
not therefore, inquire into the amount Of the bail
curing his absence. and suggested that by pro-
cess from this court he could be arrested at his
own w. home 9u1e and the bail fixed there.
Mr.. Price's lawyers then withdrew, and Mr.. Bliss
called to the stand Byron C. Coon, clerk in the
Post Office department., who identified a number
OF papers On record in the department.
EVIDENCE ABOUT HANDWRITING.
j. F. H. Blos, clerk in the contract Office, also
identified the signatures OF Rerdeu and Miner on a
number OF papers.
The witness having been allowed to explain his
testimony given few days ago, said that he was
W Tong in his direct examination when he said
t hat he did know that the signature was Rerdels,
and his statement on crosS-examfnatton was the
ined by Mr wilson, and he said that he knew
from reading the record without seeing the paper
that he had made a mistake. He did not have
any reason Tor not correcting his testimony at the
time.
RECORD OF EXPEDITIONS
Mr.. Bliss continued submitting papers. and said
he was having prepared from the public records Of
offers for carrying the mails list of the expedi-
tiens ordered and allowances made since 1872 He
Intended to ask the court to admit this evidence.
Mr.. Wilson said that II this was gone into they
proposed to show the reasons for each expedition
proposed to show that there full justification
for them on the records OF the department.
Mr.. Bliss said that the purpose OF the tabular
statement was to show that when Mr.. Brady came
In office that the medicine of the mail service,
used but rarely before, had, under his admfnistra-
ttOn, become its daily food.
Mr.. Wilson said that they proposed to show that
every expedition was made in accordance with the
demands OF the people and the members of Con-
greSS.
The court said he could see no objection to the
admission of evidence showing that there had been
great increase in expedition under Mr.. Brady,
but the other side could show the reasons for it.
Ihfy would have to go into it any way.
Mr. Wilson responded that they only expected
to do this In regard to the nineteen routes In the
Indictment, and not in regard to all the routes In
order to protect themselves, he would enter OBJ
lection now against the admission of this evidence.
OBJECTIONS MADE BY MR.. INGERsoLI-
Mr.. Ingersoll said that If the expeditions in the
other routes tended cast a suspicion upon them,
then the defence would have to show the reasons.
They Were charged in a certain number of routes,
and now it is proposed to bring In all the Others
and he asked the court ii he was going to open
every avenue OF this sort
The court said that the admission of this evi-
dence would not open the door to all the details.
Mr. Ingerson maintained that the expedition Of
other routes had nothing to DO with this case. t
would open the door to this flood evidence. He
had stood this for two months and he did not
want to go all winter.
NOT A FISHING EXCURSION
Mr.. Totten said that he had no doubt that 1t was
the intention to try their case according to law,
and not admit evidence that was not applicable.
Until the corrupt motive OF public Off cials has
been proved it is allowed that they acted legally
He wished it to be understood that they had not
started on.a fishing excursion the gentlemen for
the government seem to think. to convict citizens
on mere SurmSe. but to ascertain whether these
contractors in 1879 had conspired to defraud the
government. On this ground the admission OF evil
dence In regard to routes cut place. What did
Dorsey or Vaie or Miner care for what was done in
1872? The prosecution had been consuming the
time OF the court and spending the money OF the
public treasury in producing evidence In regard to
other years than 1879, and which were not in
volved In the case.
THE PURPOSE OF THE EVIDENCE.
Mr.. Merrick said he desired the evidence for the
purpose of showing the custom OF the department.
He could not see how it could damage an honest
man who was exercising a reasonable discretion
to show this The court had ruled on this point in
favor OF the defence in regard to the post Office at
Ratoone when they showed what had been the
custom Of the Office prior to the time mentioned.
expedition with great care; after his time adver-
t1SementS became a farce and expedition a daily
occurrence.
TEMPoRA MUTANTUR.
The court decided that the admission of the
book would not be proper evidence. 1t was no
evidence to establish the custom OF the depart
ment as that custom could not be contrary to law
Besides each year this custom changes. A few
years ago 1t was regarded as unconstitutional to
pass appropriations for rivers and harbOrS and
this year there is twenty millions appropriated.
Next year II the people will object all this may be
ond assistant always had the power and Brady's
predecessors thought that it was not good policy
10 order these expeditions. Since then the cir
cumstances OF the country may have changed and
the finances OF the department improved be-
sides the growth OF the western country,
and in Consequence Brady may have
thought that change OF policy was his duty and
legal The law presumes that he did his duty un-
less the contrary is proved. Now Brady is charged
with being member OF gang Of conspirators, and
this evidence Is against Brady alOne and does not
tend to establish this conspiracy. AS he is on trial
on this charge, he cannot be tried for his 1ndivid.
ual crimes, or those OF his ancestors.
"Omcial ancestors" put in Nj. Merrick.
The court, continuing, said iG would only en-
barrass the interests OF the case and prolong the
trial to receive this evidence.
The court then took recess
AFTER RECESS.
After recess Mr. Bliss submitted the receipts for
warrants on the route from VermilliOn to Sioux
Falls.
HRICES DRAFTS.
Mr.. Merrick asked leave to submit number Of
drafts for pay due to the expedition on the route
between Corpus Christi and San Antonio drawn
by Price, payable to his order. and 1ndorsed by
Price and Walsh. A portion of these drafts was
due to Brady, according to Walsh's testimony, as
his percentage OF the expedition made. He said
that the drafts were drawn several days before
the expedition was ordered.
The court ruled that II Brady's receiving a Der.
centage OF the expedition was not established
n<Af1 1N1 tvk tho, l-oR