Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-09-04

VIZ. Henklc's Argument Continued
He is Checked by the Court and a
sharp COllOquy Ensues.:


Mr. HenkIc's Argument Continued
He is Checked by the Court and a
sharp COllOquy Ensues.::
When the Criminal Court met this morning Mr..
Henkle resumed his address to the Jury for the
defense In the star route trial. He began by re-
viewing the proceedings On the st. Charles and
Greenhorn route. He argued that Brady probably
never heard of the various proceedings ON this
route at ALL until he heard them read in this in
dictment- He next took up the route from Ver-
million to Sioux Falls He held that on this route
with Brady We're made oy Chief Clerk french ' and
that there was no pretence that French was moved
to the making OF these orders by any mercenary
consideration whatever. Mr.. Henkie next passed
to the route from Canyon City to Fort McDermott
He argued that
BRADY's HONESTY OF PURPOSE
was shown in the vigorous measures he took
against the contractors to insure service on the
route. He claimed that there was no evidence at
all that any of the afl1davitS used in connection
with this route were altered as claimed by the
prosecution AS to the petition regarding this
route, which is in Oregon, signed by citizens OF
Utah, MI Henkle said that the signers did not
represent that they lived on the route, and he
claimed that citizen in any part OF the United
It was right or wrong, there was no evidence that
Brady knew anything about it. Aside from that
petition, the department was overwhelmed with
petitions asking for the increase OF service.
BY THE CONTRACT,
Mr.. Henkle argued, the government was bound to
allow the contractor pro rata for increases and
expeditions, but on this route, after the expedi-
tions and increases, by agreement with the con-
tractor, the whole pay amounted to $4,000 less
than the contractor was entitled to for expedition
alone. Brady in that case not only conspired
against Miner, but he conSpired against himself
He argued that the facts demonstrated that Brady
was faithful public servant. He could not have
resisted the appeals made to the department to
rnrtn n
desired to the Postmaster General. who was at
the head of the department, would not have al
there thrown away So, 900 which he might lust as
we'll as have had as not. Again he was appealed
to to increase to six trips week, but instead Of
that only granted one extra trip, though he would
have been justified In making it six. The order
which Brady was said to have made, revoking an
order OF the Postmaster General, was, in fact
signed by the Postmaster General himself They
could not argue that the Postmaster General
signed orders disposing Of thousands OF dollars
Without knowing what they were. Mr.. Henkle
took up next the Bismarck and Tongue river
route, reviewing the testimony regarding that
route.
AS TO THE MISSING AFFIDAVIT
regarding this route, the contents of which had
been jacketed, he said that the papers had been In
the possession OF Mr. Woodward, and MIR. Wood
ward should account for them. Mr.. Venom had
displayed in this case venomous and fell purpose
TO hound these men into the pententiary with evil
dence or without evidence. The Jury was told by
the prosecution that Fale received from the SER
vice half million year and yet cOul. net re-
member anything about it. AS matter OF fact,
Whole time OF the service was but s462, ,.9l.17. A
singular thing about this Indictment was that it
includ ed but 10 routes The evidence showed that
the parties had l26 routes. Tho court had told
them that the scheme of the indictment involved
only these 10 routes, and the scheme must be sus-
ta1ned by proof.
JUDGE wYLIE SAID
that what he had said was in effect that an overt
act, set out under any one of the contracts, must
be regarded in the light of the Indictment, as an
overt act under all, as the contracts were COM
bined In the scheme of the indictment. The re-
marks OF the court from an offer Of evidence
TO which objection was made
Mr.. Henkle asked where were the ninety and
nine routes that went not astray? DID these par
routes? II they conspired at all, did not their
conspiracy apply to their whole capital? Did
conspire as to them? Was it not absurd and
ridiculous on its face? Suppose there was q
symptom OF testimony regarding any kind OF con-
splracy, the facts must correspond to the scheme
OF the Indictment, and that was conspiracy as
to these nineteen routes He had been surprised
that the defendants had been shown SO free of
fraud as they had been, because 1t was a general
opinion that government contractors took all the
advantage they could. He had been convinced by
the evidence In this case that general opinion
q hcresy. He had not supposed that they could
select an equal number OF contracts cut OF any de-
partment of the federal government and find
them so clean and free OF fraud
MI Henkle argued that 1t was not for the Jury
to determine whether an order was prudent or not.
was corrupt.
MI Henkle was proceeding TO discuss the fact
that the Postmaster General was responsible for
the orders, and said that the defense had brought
eX-P0StmaSter General Key here to prove that he
made the orders and approved Them
THE COURTS REMARKS TO MR.. HESKLE.
"And the court would not allow him to be ex-
amined,' said Judge Wyle.
"And the court would not allow him to be ex-
m - nofn n N(n
"And the court" continued Judge Wylie "wtll
arrest the course OF your remarks that subject
colioquy ensued between Mr. Henkle and the
court. in which the court held that Mr. Henkle
should not remark upon subjects excluded from
evidence by the court.
Mr.. Henkle said he would try not to 60 beyond
the rule, and proceeded to argue that the govern
ment could have shown by the ex-Postmaster
General whether he was deceived as to these
orders or not.
"Gen. Henkle," said Judge Wylic, "that is
suotertuge unworthy OF your character, and will
not NOT allow 1t to go on any further. You proceeded
1na1 ihng, think, Is altogether beneath your
standing at this bar cannot allow it. 1 must
exercise the power OF the court If cannot rely on
your loyalty as member OF the barr
MR. HENKLE, MR. WILSON AND MR. TOTEM
argued that the defense had right to draw in
ferences from the failure Of the prosecution to ex-
anime witnesses who could sustain their case If
The court said that while the course of argu-
ment me might be permissible in another branch Of
the subject, he did not think it was permissible in
order to evade the ruling OF the court
Mr.. wilson said that the Indictment set out
that the Postmaster General was deceived and the
government had not proved that, though they
couid nave 1t by calling the Postmaster
oo,I %He might probably" said Judge wylle be de-
Henkle
Mr.: Wilson protested that the Postmaster Gen
eraI was the only witness to that fact.
"Ihe last man In the world to know it." said
Judge Wylie.
Mr. Wilson still protesting in the same line that
Ine postmaster General would have been good
witness,
THE COURT REMARKED:
III he has got his eyes open II he were de-
ce1ved, the probability is that the same state of
facts exists to this day."
After 1urther argument, Judge Wylie said that
tne 1aliure OF the prosecution to produce evidence
whlch mas Deen shown to have existed could be
commented upon. There was, however, no evil
dence at all to show that the Postmaster General
could prove that he had been deceived.
Ihere Defng further talk, Judge Wylie said: II
subject"
1--WE note an exception said several OF the lawyers
cord" -
Enny vyo,, SSY