National Republican., 1882-08-22
THE sTAR-RourE TRIAL.
Arguments for the Defense by Mar. A. II.
WnIinn,s md Colonel Enoch Totten.

hhu NbiOheI
In the criminal court, yesterday, Mr.. A. d. Will
inms had the opening argument for the defense
lie said the PRINCIPLES of the law had been en-
tircly overlooked in this case. Tho government
had introduced a shapelcss mass Of testimony, but
nad not shown one scintlln OF testimony To sup
port the charge laid down In tho lndiCtment,
These contracts woro separate and distinct, ana
unless there could To shown cOllusUn in some
way they must remain separate and distinct no
claimed that the government had proved no CON
spiracy, or had SHOWN no specific date when the
conspiracy was entered into. lie argued that the
orders for Increase
WERE MADE FEARLEssLY AND Openly,
and were known and approved by the Postmaster
General lie said that Mr.. Brady imposed fines
exceeding sl25,0O0 and iemitted S25,OOO for good
cause; II he had been conspirator he would have
remittcd all the fines. lie claimed that Rcrdell
had motive In making his confession, innsmuch
as he wanted to get his fathel-in law posi- ion
and had all Interest in the Jennings claim. walsh
he characterized as backmailer and peDurer,
and said that his (walsisl testimony did not al
feet the defendants. MIR. Williams said the rca.on
the defense had not brought witnesses from tne
West was because the testimony had nothing TO
40 with the case aud the expense was more tnhI,
they could ailod. Mr.. Williams was fJllowed
Immediately
ny Nm. ENocu TOTEM
foT the defense: In his opinion conspiracy was
and i'll line eases ont of ten when 1t became inc
subject OF persecution 1t was done TO hide some
other purpose. If there hal been any sincerity i'll
the prosecution the defendants would have been
indicted individually, and not collectively. The
government had introduced everything In the
case except the indictment, and they kept as far
away from that as possible. The only issue was,
Did these parties on September %, 1879, conspire
to dyfruud tic United States? IL. should point
this out to them in very oinled remarks bt fore
he concluded. Mr.. Totten said the defendant,
had been
ouTRAGEorsGY MIsREPREsENTED.
The clamor Of the public press had been
had not halted ut the expenditure of large
sums Of money to ,secule les mony. lie
papers presented in the case, and thGtthcy tended
only TO misrepresent the case and not to cast any
light upon it, Mr.. Totten reviewed the charges
in the indictment aud the means by which the
conspiracy was TO be consummatci: He held
that the charge Of false petitions had not been
made out. Only some half dozen of them
showed any alteration, and in every it,
stance there was other evidence on the route
TO sustain the order made. He had called the
to Kent, and he was fully satisfied that the inter
lineation was done by the man Nightingale. The
not Apply TO the case. On tho To1Querville and
Adairyille route the man Ncphi Johns IN wrote
the petition for daily service, and whether he
charged 1t to seven days or not the counsel could
not see what difference it made. lie went on dis
cussing the petitions on the various routes, and
asked II the citzens had not the right to express
their opinion in regard to u route whe her they
lived upon the line or not. The presumption was
that
THESE PETITIONS WERE ALL GENUINE
until the contrary was proven beyond reason
able doubt. Not single witness, said the speaker,
| had been put on the stand to show that an aiii-
davt had been altered after it was sworn TO- He
declared that not an order had been put in cvi-
dence signed by Mr.. Brady. The words, "Do
| this, Brady" were merely memorandum for the
| guidance of the Postmaster General. Not one of
the orders on the books of the Department were
signed by the Second Assistant Postmaster Gem
ernl, but every one by the Postna,tcr.ienerai
himself; He challenged them TO produce the
proof that General Brady had certified one OF
these orders to the Sixth Auditor. MI Totten
said that Mr.. Kcr had admitted there was not Il
| word of tpstimOny npniuSt Mr. Turner He main
tainCd that Il Is style of prose ecuon could be car
RED on against apy public officer who had money
to dsburse. Ii mOuey had unluwfully passed Gc-
tween these parties, then bribery was the right
procedure. But there was some motive, he be-
licvcd, in this who;e matter that had never como
TO the surface. Mr.. Totten explained to the jury
the enormous amount OF business in the Second
Assistant Postmaster Generals office, aud said II
was all nonsense to expect that official to examine
every petition and affidavit. At o'clock Mr.
Totem had not concluded his argument, and th'
court was adjourned until to-day.