National Republican., 1882-08-23
THE sTAR-RourE TRIAL.
Cancellation or MIR. Tottcn's Argument
ME. MrSmccnnr,a NrnsirrIY EN- ri.

7Ir. McSwccncy's Mastery Effort.
In the starroute trial yesterday Mr.. Totten con-
cludcd his argument for Mr.. Brady and Mr. Tur-
ner. Continuing where he left. Off, Mr.. Tottcn
reviewed the testimony relating to tho various
routes, pointing out the absuldillos that the facts
brought to light by the pro.ocution indicated u
corrupt bargain. Referring to the expert tcstl-
mony of Blois, he said ho would leave 1t to the
jury ifthey Qhe jury could find anything to lead
them to believe that Blois KIN ew what he was
talking abou There was no evidence to the
conspiracy; there was no evidence that the de-
fcndants did not act properly In making their bids
The burden of tho proof was upon the govern
ment to satisfy the jury beyond n reasonable doubt
OF III guilt ofthcse defendants, and this they had
failed TO do. 1t was maintained that the orders
issued we ie extravagant, and he insisted that 1t
was not.
lie THEN TOOK UP waists TESTIMONY.
He said Walsh had been for yeals n curbStone
broker in New Orleans The State was famous Tor
many things, but above all for its witnesses, and
Walsh Quilted them all. He came upon the stand
and told them n remar kable story. Walsh was q
thrifty man and fond of revenge He had been
fined and his pay was suspended. lie had suit
here and another in New York against Mr.. Diady.
and II was iinportan, .ccT niln " trend down Mr..
:.a!. ~ tners Gas no man more neees,ary for MIN nm
tered suit ngainst Brady and sh1rly "fterward ne
iorthe remission of his fine aud the allowance of
one months extra pay. lie then went on analyz-
ing Walsh's testimony, and referred to the
UTTER IMPRoBADTLITY OF IT.
As for the story that Walsh told of Brady stealing
81. 900, without Walsh making any resistance lie
remarked what nn unlikely story that was. Walsh
Brady, and never mentioned to either Of them
that Brady had stolen the notes. Mr. Buell. had
admitted that he received $1,000 from WALSH, bu,
it was not on Mr.; Brady's account, and that he did
not know Mr.. Brady Mt that time lie had not
been contradicted on that point, so his testimony
discrepancies in Walsh's figures, and the trouble
that the witness had been to correct his tcstl-
| mony. Mr.. Totten satirically alluded to "the
great bankers" methods of doing business, loau-
ing man S4S, 900 in one month and yet Keeping
| no account of it! lie asked the jury what they
thought of the testimony, and said If An9nias and
Sapphira had been present and heard II hey
would have got away. Mr.. Tot,en asked the jury
not to be led away from the issue in the case and
TO observe the duty imposed upon them by their
oaths, and when their verdict was rendered it
would stand for all time. Mr. Totem closed with
an eloquent and touching peroraton. MIR. Henkle
was TO have followed, but
MswEENEY TOOK HIS PLACE.
Mr.. Henkle will follow Mr.. Merrick. and the At
torney GGperal will close the case lie said he
would waste II few moments upon the smallest
himself. lie alluded TO Mr.. Kers remark that
when the speaker came before the jury they would
have to look out, and some intellectual acrobatic
performance was suggested by which he would
steal away the jurys mind. He would not, by
silence, lay himself open to the disgusting egutisin
of appearing to appropriate such sro's tatery.
He was plain, blunt man, uIiskiled in work or
words, or able TO steal from men their judgment.
lie spoke 10 man just as lie would be spoken TO-
He came before them with no flowers of rhetoric
cul!ed along the paths of literature. He wished
he had them to enlven the dreary path of the jury.
They had been told not to let the speaker go home
and tell how he
FOOLED A WASHINGTON JURY.
One thing was certain, ana that was that Mr.. Ker
would never tell how he did it, Mr.. Ker had
in this case. Households had been darkcned
Little ones had dropped out and gone home
There were tears, but they were those Of pathUs
and woe. Mothers tried to keep them back; men
could buffet them. There were tears in the case
| and if Brother ker had that garland upon his
brow they were right; it was true that they made
| Dorsey did not look like bad man. He had let
Turner Off on the third day, probably on the con-
| stitutionul ground that no man should be sub
jected to cruel and unnatural punishment. Mr.
McSweeny said they approached a criminal case
with the presumption of INNOCENCE. The indict-
ment was merely an CT DdHe bill OF particulars
foun in room where the
DEFENDANT COULD NOT BE HEARD
He then dwelt on the degree of testimony neces-
sary to justify verdict of guilty, and defined the
difference between newspaper trial and the evil
dence requisite to find a verdict i'll u court Mr..
ker had said that the speaker was not in his
proper place, but should be on his way to tie
White House and on bended knee ut the round
table of Prince Arthur. He drew sketch of
| Brother Robert" and said how difficult It would
| pc LOT MN 10 go uoWn Oh MS knees. Inc most
| laughable thing hc knew of would be the records
of This trial travelling down the corridors of time
| to the music of II Philadelphia lawyer. lie
wanted no threats In or out of court of what the
Executive wanted This was holy ground, aud
threw about these defendants the circle of the law.
He discussed the absence Of proof in the case, and
referred to the pAlpable falsehood that Walsh had
| told. Without concluding ON this point OF his ar
gument, the court at O'Clock, adjourned until
| to day.
Mr. McSweeney's argument was one of the ablest
ever heard in Il court He held his audience com
pletcly cnthralied, and by. some of his pathetic
passages absolutely moved them to tears. His
his complete and finished .wers as an unriyaled
orator.