Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-07-27
NEARING THE END.
The Prosecution Expect to Close Their
Case in the Star-ROute Trial
To-Day.
Evidence for the Government Ruled Out
i'm Order to Expedite Matters
The Price Drafts.

WASHINGTON, July 26.-The Stsr-rout
| trial was proceeded with to-day.
Bliss gave notice to the court of his inten
| ton 10 put in evidence those portions of tn
reports OF the postmssters- general referrin,
| to the orders Tor increase and expedition
made since 1872.
Wilson said If this was done the defens'
| should insist upon putting in evidence ever,
petition and paper upon which the order
had been made BY Brady.
Bliss explained that his object was 10 U.S.
these figures in his closing argument to thu
jury.
The Court said he saw no objection to th,
introduction of testimony which he believed
would show that Brady had increased tbs
service beyond the usage of the department
OF course the defence would have the righ
10 show why these orders had been made.
Colonel Totten objected, because he said
he foresaw if the evidence was let in ii
might, and probably would, prolopg the tria
six months. He was tired of sitting day
by day, and listening TO the reading Of
musty old documents from the department
Running away back to 1873.
Merrlck argued that they had the right to
show the custom of the Office, and it was fol
that purpose the evidence was offered
Surely, he said, thoroughly innocent man
has nothing 10 fear from The exposure oil
custom. He expected TO show fom the
books that Brady adopted differeIt system
of calculation of compensation 20 be al
used. In fact, said Merrick, quoting from
BLISS argument, what was inten led for the
medicine OF the servics WIS mads by Brady
its daily food. lsS.
After long argument The CURT ruled
out the evidence, How long Ia d it been,
said he, since Congress began making appro-
priations OF scores of millions Of ioilars for
the erection Of public buildings and for the
Improvement CT rivers and harbors? A few
years ago all that was unconstitutional; but
it was all changed now. and 60 with the
postal service. The power was conferred
upon the second assistant postmaster-genersl
of increasing and expediting the service. If
the people disapproved of it they might
change it entirely next year. Perhaps Brady
had believed the policy of his predecessors
had been too narrow, and that they had
not properly understood the statutory pro-
visions. Brady stood charged here with
conspiracy with other defendants, and it was
not proper to convict him because he had
departed from the practices of his official
ancestors in increasing the service. He
therefore thought that it would only embsr-
rass the Issues in this case and prolong the
trial, and would not be worth the trouble of
its introduction into the present case. 1t
could not be applied to the other defendants
in any event, and altogether he believed it
best to exclude the evidence.
After the usual recess Merrick offered in
evidence the Price drafts on the Corpus
Christi and San Antonio route produced by
the witness, Walsh, when called upon the
stand. They had been previously ruled
out, but Merrick declared their competency,
as evidence was now fully established
through that portion of Walsh's testimony
wherein Brady refers Walsh to the Peterson
and Price drafts held by him as proof that
the contractors paid him his percentage. He
also pointed out the fact that the drafts in
several instances were drawn for an amount
that exactly corresponded with the expedited
compensation allowed, although they had
been drawn some time before the expedition
was ordered.
The Court held. however, that as the
drafts were not upon any route set out IN the
indictment, they could not be received as
evidence.
Merrick reminded the Court that he had
on Friday last said be would let in these
drsfis if it should be shown that Brady has
received any benefit from them. He had
then overlooked the testimony of Walsh to
the effect that Brady had received half of
the proceeds.
The Court said he was inclined 10 think
he was in error when he made that decision.
If Walsh's testimony had been so marrow as
10 be confined 10 the Corpus Christi route it
would not have been received. 1t had only
been let in because il was SO broad IS TO
affect all the routes. 1t therefore did not
seem proper to let in matter which, al
though referred to, would not have been OF
itself good evidence.
The prosecution then called B. u. Keyser,
receiver of the German American National
Bank. He said his books would show trans
actions with Miller, Vaile and others of the
defendants, but as he had failed to bring with
him the books spoken of his examination
was postponed until tomorrow.
Merritt stated that he expected one or
Two additional witnesses, but believed they
could close their case tomorrow.