Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-08-10

came he would say that all illusions to defend
ants failure to testify were unwarranted.
was gross violation OF the law, and he asked the
court to admonish the counsel that they should
onr no. maze ak sor sncn M was d9r sne
that he intended to argue the matter That stat
ute was intended TO protect parties, and the court
should not permit its violation
Judge Wylie said the court could not make such
an arbitrary ruling as Mr.. Wilson contemplated.
Every statute had to be construed, and he could
not shut Of motion pertaining to the statute.
At present he would hold counsel to the rule not
to draw inferences or conclusions from this fall
ure.
WHERE Is THE MIsBEHAvIoR?
Mr. Totten said he desired to note an exception
to what Mr.. Merrick said, on the ground that 1t
was mlsbehavior OF government counsel
"Where is the misbehavior?' asked Mr.. Mer-
rick. 81 would like the fastidious gentleman who
stood here and saw his own letter offered In evi-
dence tell me where the misbehavior is"
THE COURT ADMoNIsHEs COUNSEL.
Judge Wylie said that the jury krew the statute
and knew that the defendants had not appeared
just as well as counsel did. What harm had been
done in referring to it. The court would admonish
counsel not to draw differences from their failure
to appear, and would advise the jury in the Ian
guage OF the statute that their failure to appear
raised no presumption In law against them. The
court said that no exception could be taken to the
behavior OF counsel Mr. Henkle excepted to
what the court had said.
rick at any time making an oral argument before
the jury, and said the matter should be submitted
to the court without oral argument The court at
half past twelve took the usual recess
AFTER RECESS
Mr.. Ker resumed his argument He referred again
TO the Pitkin letter, and was repeating what he
said before recess, that gave rise to Mr. Nc
Sweeney's objection, when the court checked him.
VI was going to explain and take 1t back" said
Mr.. Ker.
'Take it back without explaining" said the
judge.
Mr.. Ker said that he did not intend to give the
other side any opportunity to object. OF course
the gentlemen OF the Jury could hear and see what
what is going on. They could not exclude what
Governor Pitkin and OF the Judges of the supreme
court OF Colorado were written by Rerdell.
"On what authority do you say that?" asked
Mr.. Henkle.
son the authority OF the man that testified so,
Mr.. Blois," said Mr.. Ker
Mr.. Ker said they should not depend on the
argument OF counsel Let the defense put some
one on the stand to say that 1t was not Rerdell's
handwriting. He would defy them to Go that
STAR ROUTE NOTES
All OF the defendants remained out of court yes
terday while Mr.. Ker was speaking. Rerdell and
Turner were In court this morning when Mr. Ker
resumed speaking, but Rerien soon departed.
leaving Turner alone of all the defendants in the
court chamber. Vale came to the door once, took
hasty survey OF the courtroom, and then beat
retreat. Either the defendants do not want to be
made involuntary subjects to illustrate Mr.. ker'S
pointed illusions, and remain out of court pur-
posey to lessen the force OF his remarks, or their
c0nsclences respond with disagreeable readiness
10 the words OF the accuSer.
Ihere are twelve arguments to be made to the
jury. Mr. Ker having. according to practice, to
open the whole case, all his associates being re-
Str1cted to the limits which he marks out, his ad
dress is necessarily prolonged On account of the
great mass OF details There is fair prospect OF
tne the speeches pc occupying fortnight Mr.. Merrck
SAID to-day that he did not think it possible to
conclude the trial next week.