The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-08-24

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WASHINGTON, u, u August zZ'-A shar
most was reported from various parts
CANADA last night,
Mr; rotten, oil counsel ior defense IN th
Star-Route cases resumed his argument thi
morning. He maintained that prosecution
must be confined to the allegation OF tn
indictment, while he complains they. ha
insisted upon examination OF fact
entirely outside OF the indictment. ii
| then proceeded to review the circumstance
attending the expedition Of the star service
on various routes and to justify the order
issued by Brady. Concluding his review
and analysis of these routes, Mr.. Tottei
declared that there was no evidence, what
ever, Of conspiracy between the defendants
mony of John A. Walsh, which he declared
was unworthy of belief, and then closet
with an elegant speech, in which he insisted
thst upon the evidence the jury must find ,
verdict which would bring joy to the home
of the defendants instead of filling then
with weeping and lamentation. After recess
Mr.. McSweeney, of counsel for defense, ad
dressed the jury. He said he was not al
orator like the Philadelphian, but he was &
plain, blunt man, not skilled in wit ol
words to raise the stones of Rome, or stea
from men their Judgment. There had been
much fippant talk on the part of the prose.
cution. He said. Don't this look suspici-
Gus? and why don't they prove
their innocence On account OF
his loose, disconnected, careless and
embarrassed style of arguing this case, be
proposed somewhat in ELABORATION, to state
10 the jury the difference between criminal
and civil trials. He laid down and ex
planned carefully the proposition that in
criminal trials the presumption of innc-
cence could only be overcome by positive
proof that legal axiom accompanied the &C.
cused man down into the
dark valley of the shadow OF the
trial. Guilt OF accused must be fully
proved. Preponderance OF evidence was
not sufficient unless it was such as TO eX-
clude any reasonable doubt OF guilt. 1t
was an old axiom that it is better that S3
guilty men escape than that one lnno-
cent man suffer. After referring in hui
niorous way to the statement OF Mr.. Kerr,
that the place for the defendants counsel
would be on their knees at the white
ouse, asking pardon for their clients. MIR.
Nj. e. Sweeney took up Mr.. Bliss opening
address, which he compared with that OF
Sergeant Buzfuz, and proceeded to show
where he thought the evidence had not re-
deemed pledges then made. At 3:lo the
court adjourned, Mr.. M. G, Sweeney not
haying concluded.
The surgeon general of the marine hos
pital service to-day received the folio wing
telegram from Arthur e. Spohn, surgeon
of the marine hospital service at Corpus
Christi: ''As coon as yellow fever was
declared in Matamoras and Brownsville
this city enforced quarantine against
these cities and vicinity, and requested the
two Loredos and all places along the line OF
the Texas IL Mexican railway, running be-
tween Corpus Christi and Loredo to quaran-
tine Immediately The quarantine as now es-
tabished cuts off all communication be-
tween Brownsville and the rest of the state.