Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-12-29
THE STAR ROUTE TRIAL.
Proceedings in the Criminal Court
To-day.

morning Mr.. Ingersoll made an argument against
the admission OF the petition offered in evidence
on the Kearney and Kent route, because it was at
variance with the indictment in containing four
names more than the petition set Ia the indlc-
ment
Mr.. Wilson followed Mr.: Ingersoll, and Messrs
Ker and Merrlck followed him on behalf OF the
government.
Mr.. Merrick, in his argument, said that it was
seldom, II ever, conspiracy could be proved by
direct testimony, as such direct testimony could
only be obtained from some OF those who were in
the conspiracy.
Mr.. Ingersoll having said that the prosecution
picked up dry leaves or twigs, and then ATTEMPTED
to find limb and stump and reason from that
that there was a tree, Mr.. Merrick said: "We In
tend to pick up the leaves; we intend to show the
twtgs; we intend to show, not the stump but the
body OF the tree; to show that in the shade of that
tree all honesty dies and 1t therefore becomes the
tree"
Mr.. Ingersoll having emphasized the declara.
t1On that these alleged forged petitions tended to
prove rather that the other defendants were not
consplring with Brady than that they were so con-
spring, Mr.. Merrick said these petitions were In
tended not to deceive Brady, but to cheat the
Postmaster General, should he ever look at the
papers and revise the acts OF his raIthless officer
lt became necessary to forge these petitions, that
there might be on the records some papers to turn
away investigation and inquiry.
guments were made also by Messrs Henkle
TO Judge Wylie for his decision until quarter past
DECISION OF JUDGE WYLIE.
Judge Wylie said the statutes of the United
States made frauds upon the government, CT what
ever kind conceivable, criminal. Fraud upon the
United States was crime A conspiracy to COM
nit the crime was another thing, and punished
differently. Judge Wylie thought that in framing
the indictment it could have been improved by
being shortened. He thought most of the de-
omitted. II the conspiracy was to
commit an ofense against law
pleader to have no mistake occur induced him to
draw 1t out This was dangerous proceeding but
dangerous as 1t was he had not yet seen any fatal
eeei1 In she Indictment The petSn objected
Now it was proposed to prove, he understood that
this petition was false II it were proved it fell
and fraudulent means and was competent EVIL
dence Though there might be some evidence
which, when offered, appeared slight. yet from
Its importance will appear only when other evil
dence appears. He thought it very unwise in a
case that promised to be SO protracsed to try the
case on objections to evidence. He thought the
best course OF judge, when the evidence was not
incompetent In itself, to admit 1t, and let 1t all
come before the court and Jury.
The court at this point took recess
SCENE IN COURT YESTERDAY AFTERNOON.
After THE STARS report closed yesterday Mr.
Chas II. H.French, sub-c0ntractOr on the Kearney &
Kent route was examined to show that John W,
Dorsey, Turner and Vale were all interested and
Cook part IN the III anagemenC OF That route. The
point was raised by the defense against admitting
the sub-contract in evidence; that it was dated in
1873. beyond the limits OF the statute OF lfmita-
ttons. After long discussion, Judge Wylie said
that the conspiracy was In existence on the date
spire, &C., in the view OF the law.
"There is no authority for that" said Mr. Car
penter, 'except that OF this court"
ssThe authority of this court" said Judge Wylfe.
severely, els sufficient here. Your language Is
not to be put up with. slr This court has had no
authorlty cited on the subject by either side"
"Judge Wylie added that he would hear Mr. Car.
penter's authorities but Mr.. Carpenter said hG
was not ready to submit them"
1.-THE question is decided. .and the court win hear
no reargumenL"
The court shortly afterwards adjourned until to
day.