The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-07-22
STAR ROBBER BRADY.
WALSH RESUMES HIS TESTIMONY
Ia the Star Route Cases, and Ereetualiy Exposes
Brady's Method, Of TbIsvlns-A Plaia Story q
We'll Told and uashaisn-The Defense
Badly Rattlsd-wJlls's Dseisisn.

WASHINGTON, July 2l.-Judge Wylie this
morning delivered a decision upon the
question Of the admissibility Of the evi.
dence Of Walsh, in the Star Route trial. lie
acknowledged that at the opening Of the
case he had believed the declaration OF one
OF the defendants could not be received
until II had been shown that the declara.
tion had been made in furtherance OF con.
spiracy, but in this oiIense authorities all
lay down rule that It might be proved by
evidence OF distinct separate acts done by
different conspirators and the law allows
oil their acts, even the declarations, to be
proved il they are connected with the case,
as they so towards making up the entire
proof in thei. collective form. Their ad.
mission is not irregular and the law allows
OF their being proven now. AS regards
the declarations or admissions Of the sey.
eral parties, OF course they are not evidence
against the other parties unless they have
been done in fuftherance OF the oh.
jects OF the conspiracy. The law is
very clear upon that point. He was OF
the opinion that the evidence offered
was admissible, but as to the offer it went
to show only that Brady was in the habit
OF extorting and receiving money from
parties. Now il seemed by no means a
strange construction that ii the facts set
out in the offer were testified to, and it
was believed it would show there was
corrupt administration OF affairs in the
department., it would however depend
greatly upon the amount OF credit the
jury would be willing to attach to this
evidence. But on its face the court re-
garded il rs pertinent 10 the case, and
would admit it.
The defence Immediately noted an ex
ception to this decision.
The prosecution then with an air OF sat-
isfaction called John A. Walsh to the
stand, and Bliss proceeded with his exam.
ination. The witness, was again asked what
what occurred ut the In
terror Department between him
self and Brady in December 1880 He said
he had an interview for the purpose OF
having settlement with Brady OF certain
financial matters.
This reply was at once ruled out.
He said that as preliminary question
the fines imposed upon Jerome j. Hines
were spoken OF. He then told Mr.. Brady
that his financial affairs were not in a sat-
factory condition; that he had lost good
deal OF money and would like settlement
Of his account. Upon Mr.. Brady's request
he produced the data, the notes and mem
oranda, telling him that he believed the
dates aud accounts to be all right, but that
the question OF interest was still open. Mr..
Brady made his statement, and replied
that he had greatly benefited the
witness, and didn't think he owed
him anything. lie recounted the facts
of the expedition OF his route and
other circumstances. Witness replied he
had supposed the expedition had been Sc
cured on petitions filed. Brady replied that
there was no use arguing the matter or
feigning ignorance, and told him TINT it
was his custom to receive 20 per cent OF
the increase he ordered upon routes, Wit
ness then asked Brady to make his state
ment, and he had been told that his route
had been increased in round numbers
from $4,000 TO SooSS5, ,915 per annum, 20 per
cent OF this difference, $4,000, for three
yeals, amounted in round numbers to &c.
900. Brady also reminded him he had
been assessed $1,000 for q Congressional
corruption fund. Brady, said lie, Walsh,
must certainly expect to lose the balance
OF it. 81. ..s5.. .s-
| Witness had replied he had appeared be.
fore the Congressional committee, had been
thoroughly examined and did not feel as
il he should pay this money. Brady had
further reminded him that he had made
remissions in his favor amounting to about
900 or $1,000. lie said one half or some
such percentage was what he usually
agreed upon as his share in these cases,
and in the end he would find he owed him,
Brady, some money. As the converse.
ton proceeded Brndy had taken up the
notes and put them in his pocket. Witness
asked Brady wha. he meant by that, and
Brady said he meant to settle matters.
Witness then told Brady he would be com.
PEELED TO have recourse to the courts; that
aside from the morality Of the matter, it
was wrong, il was IN outrage, because the
contract would not pay under such assess.
ments. Brady, in reply, said he didn't
understand his business.
| Bliss asked if Brady had said anything
about his relations with the other con-
tractors. E=s=, gSl.
Witness answered that Brady had dwelt
at length on that, and told him il he had
used his eyes and observed anything he
might have seen that other contractors did
the same thing. When he spoke OF petit
tons Brady said he might Judge OF their
efficiency by looking at his own route.
Petitions had not succeeded in having it
restored. Petitions, said Brady, were in
tended to enable him TO act under the law.
The witness was then turned over to the
defense, and Wilson proceeded 10 cross.
examine him. He was closely questioned
as TO the particulars OF the interviews in
New York, which were afterwards pub
lished. He admitted that he might have
brought about these interviews. General
Boynton had suggested 10 him as be was
going to New York he might with adyau.
tage have an interview with representa-
tive Of the Herald. Witness might also
have spoken to Root, OF the New York
Times, on the subject, going over to New
| York on July Is. He had been interviewed
on the following Sunday. Witness related
the story OF his life since the war, his distil.
lery business and dealing in mercantile
|
Donough, contractor on route No. 10, lOl,
to the amount OF $4,000, and tosecure this
amount he had assumed n sub.contract
under McDonough. The result was he had
not gotten back his money, nor had Nc
Donough. The reason was, dissension be.
tween members Of the firm to which Nc.
Donough belonged. 'H' 7lt%
Witness was asked ii he had not iailed to
such an extent in his contract duties for the
quarter ending March 81, 1879, that Gen.
eral Brady madea deduction to the amount
Of sll,9d4- He replied that ,the reco nd
twould show that McDonoueh had been
so fined. Mr.. Wilson insisted upon di.
rect answer. Witness said there were fines
upon the routes. but they had been re
mitted. Il.
Mr.. Wilson declared that the witness
was erading a direct reply, and again asked
the witness whether 3IcDonough had not
been declared failing contractor. Wit.
l q H.. Al