The true northerner., 1882-09-15

Conclusion Of the Long and Tedi-
ous Case.
Judge WyIie's Strong Charge In
the Jury.


Washington Telegram Sept. 81 TO Chicago Trlb-
une.l
Judge Wylie's charge TO the jury in the
star-route cases was very strong on behalf
OF the Government 1t was clear that the
Judge, at least, thinks that the jury will be
without excuse If they shall disagree or bring
in a verdict of not guilty. Thus far they
have only been able to agree as to one of the
defendants presumably Turner, and that he
Is not guilty., but this is only an inference
They have been remanded to their quarters
until tomorrow at 10 o'clock. The Judges
charge and the answers to the excep-
tions of the defense to the charge
occupied a session Of five continuous
hours. Judge Wylie Is a modal Of judicial
calmness and deliberation- His charge was
entirely free from passion, but was TO the
impartial listener resstless IN its logic, and,
If the technical lawyers may claim that he
too strongly put the arguments for the Gov
ernment, laymen admit that he spoke the
words of truth and common sense Those
who have not heard the testimony in the
star-route cases cannot read the charge of
Judge Wylie without coming to the conclu-
sion that the Governments case at least
ought to prevail, and that the conspiracy
was established The law of con-
spiracy was made much simpler than the
mystifying arguments OF the counsel for the
defense had made IL, and the dust which
they had raised IA to the question OF overt
acts was fully laid. He maintained that
strongly as the defense had resisted such
proposition, the conspiracy might be proved
by the overt act as its consequence, even IL
the conspiracy itself could not technically be
established and he charged that, If one overt
act of the vast number contained in the
more than fifty printed pages in which they
were scheduled should be sustained the
conspiracy would be established As to
the question OF proof, Judge Wyhe
made it much easier for the jury to
prove the conspiracy and the existence
of the overt acts than it seemed possible af
ter listening to the arguments of the de-
fendants' counsel Yet he was entirely Just
to the defense He insisted in the broadest
manner that every juryman, in his own con-
science must be satisfied beyond a reason
able doubt of the guilt of the accused
While at the same time maintaining that the
Judge is condemned who allows the wicked
to escape, he talked as n practical man to
practical men, and made no show of learn
ing, and, in the discussion of the legal ele-
ments of conspiracy made the matter 80
simple that the most ignorant Jury
man could have no excuse for not under
standing him. As u sample OF the evidence
/ he took up one route-that from Verml-
ion to Sioux Falls, which, although one OF
the smaller routes, shows in the clearest
possible manner the scope and purpose OF
the conspiracy. 1t shows, too better than
some OF them, how great pretense it is for
the defense TO claim that they are not re-
sponsible for their acts, since they were re-
commended by congressman Upon this
subject Judge Wylie showed greater indigna-
tion than in any other part of the charge.
He declared, with great emphasis that an
! executive officer Is governed by the law, and
not by the will of Congressman or OF the
General OF the army, and that Congress
man was no more to be respected out OF
ntfin GAAly ingr 10 nv
man.
His criticism upon Gen. Shermans testi-
mony will hardly be read with pleasure by
/ that gentleman. Judge Nylie plainly said
that in time of Indian trouble, he thought it
not the duty of the Postoffce Department
to extend mail routes over the Rocky mount
aims and among savage Indians in order that
the mail carriers might be pickets for the
army, but that then was the time when the
law required the Postmaster General TO eX-
eTcise his discretion TO withdraw the service.
The fact, too, that there were many good
petitions among the many bad and fraudu-
lent ones he claimed should not be made an
excuse for acquitting Brady of the bad exer-
else of his discretion. AS was TO be expected,
the defense made a desperate effort TO break
the force of this decision by exceptions, en-
tered in manifold forms
The Jury retired at nearly o'clock, to be
called again in the court at D. When the
latter hour arrived, the courtroom was
crowded, Dut Une prlnclpal uelenuanIS, Drtiy
and Dorsey, were not present The foreman
OF the Jury announced that they had only
been able to agree AZ TO one. Judge Wylie
said: That won't do" and remanded them
to their quarters until morning, with the
intimation that, while the Marshal
would make them comfortable tonight
he would not premise like comforts for
another night if a verdict should not be rem
dered, and Judge Wylie is as good as his
word, for, a few years ago, he kept an obsti-
nate jury for hours without light or food,
and finally forced a verdict The Govern
ment certainly has great apprehensions to-
night that the Jury will not be able to agree,
and that it will be found that the Jury
fxers" have done their work.