Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-09-07


| that the bank dealt with s. w. Dorsey. He
| showed that Dorsey had written letters to the
sub-contractors and to others, betraytng his per-
Sonal interest in the routes; showed the drafts
| paid to Dorsey, &c. His name appeared on Il
routes, and he drew pay on II routes; yet men
stood up here and declared that there was no ev1-
| dence against s. w. Dorsey. He did not think It
necessary to enlarge upon that The Attorney
General commented with some humor upon what
| he called
| Mr.. INGERSoLLS PHILOSOPHY OF UNIVERSAL LOVE,
| which included lis and every one. In that
| heroic spirit OF philanthropy the defense
might stand up and declare that Rerdell was inno-
cent, though he appeared in II different acts
The Attorney General having intimated that he
| was about to close,
| JUDGE wYLIE INTERRUPTED HIM,
and said that it was contended yesterday that the
overt acts proved in this case were not the overt
acts proved In the indictment. or course, his OBJ
! servations on that point could not have escaped
counsel. He did not know whether the Attorney
General had anything to say upon the subject
Ine Attorney General said that he thought the
case was
| BRIsTLING WITH OVERT ACTS.
setting aside all other considerations, counsel
Tor defense had not undertaken to say that there
was any variance as to the orders of Brady.
Judge Wylie said that Mr.. Ingersol argued that
| there was a variance as to the time OF filing ar-
| ndaVitS. Whether that was a variance OF any
consequence or not, 1t was variance which coun-
SCI 1or the defense seemed to consider OF great
Importance. There might be other overt acts set
out, which have been proved as they have been
Mr.. Merrick rising said that the Attorney Gene
"a! had requested him to say word in reply.
Mr. Wilson said that the defense would then
claim the right to reply as 1T was understood that
the prosecution would not have two closinxs
MI ,,l, Merrick said he would be willing to have
MI wilson reply; but the court would not permit
Merriek " 'A i"'A'' i''eso n'"'AS MI
| dates, with which Mr. Merrick was more familiar
than he. These affldavits We're Of certain date,
Dut they are laid IN the Indictment OF tiF late at
which the order was made. From that circum-
stance Mr.. Ingerson endeavored to make 1t ap-
pear that there was variance.
THE ATTORNEY GENERALS CLOSING REMARKS
Proceeding with his address to the jury the AT
torney General said he only asked for justice, and
if it were justice to acqult these men that was the
justice they wanted. Where was the force that
had been brought to bear to tread these men down
Tne force Of numbers was with them; the kHowl-
edge OF facts was with them the books that they
had not produced were with them. The govern
ment had been at disadvantage and the f.efen
ants knew it. Some things had been done and
said In this case which never should have been
done and said. He referred to in PhiladeI-
ph1a recently who had brought his wife into court
to influence jury. Judge Butler had said that 1t
was an assault upon the integrity OF the jury
heard an allusion to what should never be men
toned In court-the crGclfiXion OF cur Saviour.
What had he (Nr: IngersoD to do with the cruel
NIXON? :? Did he believe in it? OF what use was
that reference to that occasion If it were not true
Such appeals should never be made in court OF
justice. They should stick to the natural state of
facts and to the conclusions He eXhOrted the
jury to do nothing corrupt or base. or permit no
such thing to be done, and at few minutes after
Prayers of the Defense.
Judge Wylie having sent for some law books,
said the counsel for the government some days
ago had submitted propositions or law upon which
they wanted the instructions OF thecourt 1t had
been tntimated by the defense that they had prop
ositions to submit also. He asked ii they were
ready.
MI Wilson said that the prayers of the defense
were ready.
Judge Wylie said this, then, was the occasion for
Offering them.
Mr. Wilson read the prayers of the defense,
which were quite voluminous. They set forth
that the defendants were not required to prove
their innocence; but the prosecution must prove
their guilt; that the precise averments OF the in
dictment must be sustained in proof: that IL the
acts occurred three years before the Indictment
was found, the jury must render verdict OF
quittai; that II It was found that the defendants
variance would be fatal, and the Jury must acQut:
that the charge of conspiracy was the essence of
must be proved, and the confession OF one OF the
DEFENDANTS could not be considered as evidence
tending neG to n sustain the charge Of conspi
another guilty of another part. The % defendants a
Quilted. That Brady's acts must be presumed to
be right and innocent; that the proof must show
that Brady agreed to make orders for a corrupt
purpose; that acts consistent with innocence
could not be considered proof OF guilt; that If the
Jury were left in reasonable doubt as to whether
rupt understanding or not they must acQuit: that
II it were differences in dates other matters of
ance would be fatal II the charge was that all of
the claims presented were fraudulent and it was
shown that they were not all fraudulent the vari
ance was fatal, and the overt acts in regard to
which the variance arose should be excluded
from consideration; that to dispute a wit
not necessary that other witnesses should be
called, but the jury. should measure the proba-
pity OF the story. &C.; that the jury had right
10 CONSIDER the motive of witness in weighing
his testimony; that in proving case by circunl-
stantial evidence each circumstance must be
proved to be wholly inconsistent with innocence,
Mr.. Wilson finished reading his instructions
about 1890 O'Clock, and said that Mr.. Chandler
Judge Wylie said that from the survey he had
just made OF the field it appeared likely that the
ternoon. The discussion of the prayers should |
take place in the presence of the court alone |
That discussion would probably occupy some
cussion would take the Whole @ Of tomorrow s sa' ~
Several OF the counsel for the defense exclaimed
day in praying: Mr. Merrick said that that was
the best way for the defendants to spend their |
time. Judge Wylie said then that they would take
A Sensation i'm Court!
THE JURY CoRRUPTLY APPROACHED. |
"As this" said Judge Wylie, sis a time severed |
from the regular proceedings of the trial. will |
use it to say something on matter that has been
been brought to my attention. Several members |
OF this jury have come to me with Information |
that they have been approached with propositions |
most manifestly OF corrupt kind The first inui-
nation Ihad OF the kind was several weeks ago,
and several more-I can't call them intimations |
either-they are square and direct Information |
given to me privately for the purpose OF asking |
what they should do-have come to me since. NV |
advice to these members Of the jury was to say |
nothing about it. The court did not then want |
to interrupt the course OF the trial and the argu-
ment. This thing has grown, and within the |
last "a hours, it seems these wolves who are |
around this jury have become f1ercer and more |
determined @ med / felt such Indignation that felt |
almost ike advising the member OF the jury, who |
spoke to me, to shoot the man on the spot. VII |
lalny OF this kind, scoundrelism OF that degree |
deserves no mercy. don't know in what interest |
these suggestions have been made don't wish |
TO consider that now, but I wish to advise |
the the jury to repel with scorn and indignation
upon their virtue and integrity. The |
insult Is OF the very last intensity, and I do |
nope C0aC when we get through this trial fairly |