Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-12-07
THE NEW STAR ROUTE TRIAL
PROCEEDINGS BEGUN TO-DAY.
MOTION FOR CONTINUANCE OF S.
W. DORSEY'S CASE.
JUDGE WYLIE OVERRULEs IT

JUDGE WYLIE OVERRULES IT,
AFFIDAVITS FILED IN THE CASE.
When the Criminal Court opened this morning
there were none Of the star route people present
Among those interested, Mr.. A. B. Williams oi
counsel for defendants, and Mr.. II. II. Wells,
special counsel in the jury fixing business. were
present Messrs o. c. Green and John E. Latham
were present as jurors and were declared compe-
tent. Mr.. Green asked to be excused from service
on the ground OF business engagements. Judge
Wylie said that the court did not make up its
1uries from loafers; business men were qualified.
With these gentlemen the petit jury pannel was
completed.
THE PETIT JURY AS COMPLETED
consists OF the following PERSONS Franklin Barrett
Thos Walsh, Isaac Eiker, w. R. Brown, George T.
Dunlop, John Gibson, Martin O'Donohue, John H.
Crane, John Hughes, Clarence Shields, s. H. VIII
liams, Rees Evans, Robt. Gilmore, Frank Renshaw,
James H. Luxon, Edmund Hanley, Robt s Chew,
job, John A. Hamilton. George b Sheriff; John H.
H.. Irving, jackson Howard, o. c. Green, and
John E. Latham.
THE GOVERNMENT READY TO TRY THE STAR ROUTE
The court asked the district attorney II he had
any business, and Mr.. Merrick having come In, as
diSO dcukle, JuuSc JtTc NiSOus
Mr.. Davidge, with Messrs. j. W. Dorsey, Stephen
Vale and j. X. Minor OF the defendants, the
district attorney said: "May 1t please the court.
The government Is ready In the caseo OF Thos. j.
Brady and Others"
Mr.. Wilson.-Will your honor give US delay un-
I'll the other counsel come In?
A pause followed, during which MessrS Hine
and and W. W; Wiltshire % and others came in and, at
The clerk called Messrs. Barrett, Walsh, Eiker.
Brown. Dunlop, Gibson. Donohue, Crane, Hughes,
Shields, Williams and Evans.
MT Ingersoll having arrived, paper was pre-,
pared. and Messrs Ingersoll, Carpenter and
Davidge swore to It.
NOTICE OF MOTION FOR CONTINUANCE IN THE CASE
OF g. W. DORSEY.
Several other papers were also filed by Mr.. In
gersoll, who said he desired to file motion for a
continuance in behalf of Mr.. S. w. Dorsey.
Mr.. Merrick asked that the counsel make known
for whom they respectively appear.
Mr.. Wilson.-That should be pretty we'll known
Judge WilShire.-I appear for Mr.. RerdelL
"Mr Davidge," said the court, ''you were not in
the case bcfOre?"
Mr.. Davidge.-"I appear for Mr.. John W. Dorsey,
but reserve the right to appear for any others
during the trial who shall engage me-"
Mr.: Merrick.-For the present, for Mr.. Dorsey
only7
Mr. Davidge.-Yes, SIR.
AFFIDAVIT OF s. W. DORSEY AND HIS PHYSICIANS
AS TO HIS CONDITION.
Mr.. Ingersoll read the affidavit of Mr.. Stephen
w. Dorsey, asking for continuance, with those Of
DR.. w. V. MarmOn, to the effect that Mr.. Dorsey
Is suffering from disease Of the eyes, and his
condition as to his sight is alarming; OF Dr. d. w.
Bliss, that he was called to see Mr.. Dorsey Nov
2Oth, and found him suffering with arrangement
of the vision, and corroborattng DR.. Marmon's
AFFIDAVIT; of DR.. q. T. Sewers, to the case, and
the afhdavit Of Messrs. Davidge, Carpenter and
IngerSOll
Mr.. Merrlck said that the wheels of justice must
not stop to prevent the agitation OF this de-
fendant
The Court.-Is that all you have to say?
Mr. Merrck said this was the first he heard Of
this motion. He suggested that the other de-
PENDANTS be asked If they are ready.
Mr.. MERRIcK ON MR. DoRsEY's CONDITION.
Mr.. Merrick siid he would like to put on record
a paper published last Saturday which was Wig
OrOus attack on the government and he thought
that man who could put forth such paper on
Friday night ought to be able to 90 to trial on
the following Monday when the affidavlts were
made.
The Court-It was not customary on such
motions to file counter affidavlts.
AGITATION FATAL TO MR.. DoRsEY's VISION.
Mr.. Ingersoll SAID that the affidavit showed that
Mr.. Dorsey had destroyed eleven-twelfths of his
vision. They stated that the agitation would be
fatal to his vision.
Judge Wylie Overrules the Motion for
Continuance.
The court said that the question was whether
the af11avitS required the court to continue the
case. The indictments charge q statutory mis-
demeanor. The rule of the law is that the pres
ence OF the party is not required. and il the sem
tence is Imprisonment he must be in court. Ii the
punishment is fine his presence is not necessary
at all In this case the presence of the accused is
not necessary during the trial The law has made
the evidence Of accused parties competent,
but on this ground the need not be continued.
The presence OF the accused Is good ground for
continuance. The presumption OF law Is that the
of ne Msn o. al 5h
sci is good ground for continuance The next
ground is whether the court, in mercy to the de-
tense on account OF his condition, will continue
the case. If this was good every criminal, as his
trial approaches, would suffer from nervous pros
tration In this case there are six defendants and
this one appears to be the only one VINO has been
Frustrated. The others have not been prostra-
Mr. IngersolL-Does the court doubt the truth of
The Court-The court does not
Mr.. Ingersoll-I hope the court will not insinu-
The Conrt--The court does not insinuate and
the cnupsel should know from the last trials ex-
periences that 1t does not Proceeding, he said
that he would have to overrule the motion.
Mr.: ingersoii asked that an exception be noted,
and also asked time to visit his client prepare
another paper, which was granted.
The Jurors were then excused till o'clock.
DOrsey's Affidavit.
The af1davit Of Mr. Dorsey is as follows:
"ThiS afiant, Stephen w. Dorsey, being duly
SWpEu, utpOSeS duu says lndC ne Is one OF tno de-
fendantS in the above case, and that he cannot
safely proceed to trial OF said at the
time. nor at any time. as affianL Is informed and
believes during the present term or this court for
the following reasons:
s'First-The presence OF afdant, he Is informed
by counsel, and as he really believes, is absolutely
essential during the trial or said cause; that the
case is OF a complicated ana involved character.
and known by no one, so far aS 1t affects afi ant
as well and thoroughly as by himself; and that,
owing to the nature OF the case, 1t Is impossible
for this af1ant to know In advance what evidence
may be produced, and 1t Is therefore impossible
for afant so to inform counsel as to liable them
to safely try the case without the presence OF this
aff1ant
Second.-During the month OF June last af1iant
was attacked with disease OF the eyes, in conse-
Quence OF which the sight was much impaired,
and for several months 1t has been mpOs for
amant to read, or in ordinary light to distinguish
even the faces OF his acquaintances: that the dis
ease was accompanied with considerable pain and
with great nervous prostration, and that he has
been unable TO get more than two or three hours
sleep during any night; that about week ago his
eyes became SO bad thak it was found necessary
to put baniages upon the eyes OF such thickness
to totally excluie all light, In which condition
af1lant now is. Hor 1ve days past, afhant thor
Oughly handaged, under the advice OF his phySi-
Clans has occupied darkened room, and no light
has been permitted to reach his eyes Affant
further says that he has been advised by his ply
l SictanQ charpeS n ha thar ~ on =,