Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-08-21

at least equal weight with the statement OF John
A. Walsh. Walsh was contradicted by the boy
AdamSon, whom he said he had sent to Brady
with q note.
JUDGE wYLIE CORRECTED MIR. WILLIAMS
In this statement, as the evidence of Walsh was
| that he sent little white boy, without mention
Ing the name. The boy Adamson swore that he
was not employed at the department on that day;
that was all.
Mr.. Williams said Walsh had sworn in the Kel-
losg-Spofford case that he never had any corrupt
ceeded to denounce Walsh as a perlurer a man
clothed with three indictments, &c. The jury
might ask why the defense had not been brought
here to show that the statements OF Sub-contrac-
tors and Others from the west were not true. The
reason was that these statements did not tend in
any way to establish the charge in the Indictment
They would have had to have ten witnesses per-
hapS from each route to show that the petitions
represented the wishes of the people, and he cal
culated that 1t would have cost the defense COO
for testimony that would be unnecessary ana
worthless He believed that the time was not far
distant when these defendants would go forth
from this court room free and untrammeled,
h0nored and respected.
MIR. Totten Follows NEr. Williams.
Mr. Williams closed at 12:0 p M, and gave way
to Mr.. Ehoch Totten, of Mr.. Brady's counsel. Mr..
Totten said the crime Of conspiracy was an inven-
| tion OF the common law, and the only crime known
to the common law that assaiIed the operation of
the mind 1t was his opinion that 1t was an inven-
tion resorted to by despotism, and when the charge
was made it was for some purpose other than the
vindicaton of the law. II either OF the officers
here were guilty OF taking bribes why should they
not be prosecuted for taking brides? The punish
ment for taking brbeS was much more severe than
that provided for conspiracy. The court had told
them at the beginning OF the trial that the prose-
cution had undertaken a mighty task The jury
had, perhaps. observed that there had been
to avoid the Indictment and to lead their minds to
other issues. The United States desired no VIC
tim, but simply desired to vindicate the law, and
the Jury was not there TO consider any other QueS-
ton than that raised by the Indictment. The de-
tense had the public clamor against them; they
had the whole Treasury against them. Where
there was point not sustained by the testimony
the jury could know that it could not be supported
by any testimony, or the government would have
mad That testimony. The case stood wholly upon
CIRcUMsTANTIAL TESTIMONY
There was no direct testimony. The jury might
fall into the error or looking at the number OF
circumstances ana not at their nature. Every
link must be perfectly strong. 1t would not do
to say that there were suspicious circumstances,
or TO say that there was strong probability OF guilt
Before they could convict any man they must be
utterly unable to reconcile his conduct with the
theory OF innocence II a stranger unacquainted
with the newspaper clamor, had heard the argu-
mcnt of the prosecution he would have concluded
that the question was whether there had been too
much money spent or not Mr.. Totten argued
that only $55 900 year had been added to the eX-
penses or the mail service for expedition OF service
he said he was unable to understand why these
delenddntS had entered into conspiracy about
these nineteen routes, and not about all the 1875
routes which they held.
AZ Aall-paSt IL O'CLOCK Cne usual recess was
taken.
AFTER RECESS
Mr.. Totten began an analysis OF the evidence re !.
latlng 10 the petitions, OathS AMI other means
used In the conspiracy. He ridiculed the idea that
the alterations appearing In some of the petitions
furnished evidence against the defendants. He.
argued that Rerdel and Miner had lawful right
to prepare petitions; he argued that the contrac-
tors olthS were based merely upon their belief as
TO the number of men and animals required for a
projected measure Of service twas claimed that
IneSe orders Tor increase OF service were un-
necessary. The Postmaster General was the
Oh1cer who was to decide what was necessary,
AMI he was required annually to report his
acts to Congress. Tlere was 10 other power to de-
termine what We're the needs of the service The
sole limitation upon the actions OF the Postmaster
General was in the appropriations mado by Con-
gresS 1t made no difference so far as this inquiry
was concerned, whether this service was led or
not.
Mr.. Totten, in commenting uDon the statement
or MI. Bliss that Brady, in almost every instance,
allowed the highest compensation possible under
nent, which showed that the provisions OF the con-
tract required that pay should be pro rata for the
service.
Judge Wylie said that claus, of the contract was
one OF the causes OF compliant
Mr. Totten maintained that the clause was in
department., and according to The advertisement.
MI. Totten, not having conclude! his argument
at 3 O'Clock, the court adjourned till tomorrow.
STAR ROUTE NOTES.
The attendance at the star route trial when
court opened this morning was very Scanty. Mr..
Williams voice echoed among empty benches AS
the day advanced the attendance improved Mr.
McSwecney during the morning used the space in
the rear OF the room outside the railing of the bar
as sort of runway. He strobe back and forth
with couple of law books Under his arm and one
In his hand, which he was reading intently.
The argument of Mr.. Williams was not down in
the original program. Mr.. liine, who was to
speak, having gone to Colorado, MIR. Williams was
put in his place