Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1882-09-06
Star Route Gases.

WASHINGTON, September 4-Mr.
Henkle, of the counsel for the de,
Tense, resumed his argument in the
Star Route trials to-day, and had
not proceeded far when he attempted
to bring into his remarks the point
which had been dwelt upon in some
of the rejected testimony; to-wit:
That it had been the policy of the gov
ernment to extend the Star r ute
service.
The court reminded Mr.. Henkle
that all the testimony upon the ques-
ton of policy had been ruled out;
among the rest; that of ex-
Postmaster General Key, whose
testimony was particularly referred
to. Mr.. Henkle then went, on to
show that the indictment charg ed
that the Postmaster General had
been deceived, and asserted that the
burden of proof was on the prose-
cution. We brought in Postmaster
General Key, continued Mr.. Henkle,
and these gentlemen could, if they
wanted to, have asked him if he ap-
proved of those orders or not. I
must declare this.
The court, indignantly-that is asub
ject unworthy OF your character. The
court will not allow it to GO further.
1 attempted to arrest your remarks
before, and you proceeded in order,
under your pledge, and 1 think that
this thing is altogether beneath your
standing at this bar. I must exer>
else the power of the Court, if 1 can
not rely on your loyalty as member
of the bar.
Mr.. Henkle argued in jus>
tifcation of his attempt to
comment upon the fact that
prosecution might have, but did not
call General Key to prove that he
had been deceived; and he Was re-
inforced by Messrs, Wilson and
Totter, but Judge Wylie steadily re-
fused to permit that matter to be
argued, saying: Counsel has no
rigut to comment on the prosecu>
tion for failing to call the Post
master General to prove fact that
1t was not known whether he could
prove or not.
Mr.. Henkle went on to argue that
he had right to comment on that
fact, when heswas angrlly interrupt,
ed by the Court with the exclama-
ton:
+ shall stop this. There must be
no more said on this subject
Up jumped all the counsel for the
defense, demanding an exception to
the ruling.
Totter-We all want an exception.
The Court know you do. 1
have seldom witnessed more fla
grant otfense in getting remarks
unfairly before the jury. Recess was
then taken.
After recess Judge Wylie said that
during recess he had examined the
record of the testimony of ex-Post-
master General Key, and he had
come to the conclusion that he had
done right in excluding the remarks
which he (Wylie) was about to utter
just before recess. Those remarks
had been based on the fact that the
prosecution had failed to call
General Key for the purpose
of proving that he had
been imposed upon. There was
no evidence at all to show that the
prosecution hnew that Key could
prove the fact that he had been i'm,
posed upon. On the contrary, his
evidence in the case showed that he
was not aware of the fact that he had
been imposed upon at all. Ol that
ground the Court thought that the
comments of counsel were out of
place; counsel had commented in the
first place on the fact that the Court
had excluded Postmaster Gen
erAl Keys evidence, and Was
engaged in drawing differences
from the decision of the Court.
When the Court saw proper to inter
fere, then counsel had changed his
ground and prop sed to 60 to the
jury with remarks founded on the
TacL that the prosecution had failed
to cali General Key to prove that lie
had been imposed upon. 1t did not
appear that Key could have
proved that fact. 1t was
PLAIN, therefore, that there was no
foundation for the comment of the
counsel. At the risk, therefore, of
appearing little discourteous to the
counsel, the Court had felt called
upon to assume the ground, and felt
called upon now to maintain the
ground, tnat those remarks were out
of place.
The counsel for the defense again
voted exception to the judges re-
marks, and Mr.. Henkle proceeded
thenceforward in order, and argued
that verdict must be found for or
against ali of the defendants
| Mr.. Calvin M. Priest of the New York
Club Stables, Is and II z. Twenty eighth
street, New York, writes We keep our
/ stabIae ,xr;&L Taoobe