National Republican. (Washington City (D.C.)) 1872-1888, 1882-06-10
THE sTAR-RouTE TRIAL.
Important Decision by Judge wylio-Tiic
Evidence Given.

SANths
Ex-Attorney General MucVeagh was the first
witness placed on the stand yesterday in the star
route trial. Ito testified that he entered the Office
OF Acknowledgement on tie 9TH OF March, 1881 and
len II OH the nth Of November, 1881 He idenli-
fled Mr. NJ. C. Rerdell, one OF the defendants. lie
had an Interview with Rerder in June Of last
year. Mr. Wilson objected to recital of the inter
view, as II took place long after any matters set
forth in the indictment occurred. Mr.. Merrick
said his object in introducing this testimony was
TO show that Rerdell admitted being In n combina-
ton with Dorsey. Brady, and others, to obtain
contracts and through fraud to have the pay for
service increased. The court could admit the
testimony and lift was incompetent 10 any one of
the defendants the court could 50 instruct the
jury. lie thought there was misrepresentation
on tho part of the other side as TO the duration Of
q conspiracy. conspiracy was continuous
thing. Every day of its existence was repetition
of rs criminality. He thought the court would
find That the conversation occurred during the
continuance Of the conspiracy.
Mn. TOTEM MAINTAINED
that conspiracy such as here charged was not
continuous thing. The alleged confession was
made long after the defendants were ont Of Office
He claimed that the testimony ought not to be nd
mited and could not affect any one except Rer-
dell ana that II could not then be admitted unless
1t were possible TO prove thnt mhn could COM
ylctcd of committing conspiracy with himself
Mr. Ingcrsoll took tho same ground citing as mn
illustration that ii man came into court and
confessed that he stole a horse, he could not be
convicted unless first there we're some evidence
that some one had lost hose. Before such
declaration as Rcrdcls could DO admitted, there
must be some evidence to prove his connection
with COZ spiracy, aud that conspiracy existed,
and he cited authorities in support Of his posi-.
ton. He showed the danger In which man
would be placed by inducements held out TO ros-
Gals to commit perjury or subornation of perjury.
The point was argued at considerable length by
Mr., Merrlck and Mr.. Bliss for the government,
and Mr.. lngersol for the defense. Judge Wylie
ruled that tho testimony as to RerdelrS confession
COULD NOT BE ADMITTED
The rule Of law was that after the conspiracy was
established, then the confession of a CO. conspra.
tor was admissible; otherwise, TO escape himself
he might make statement and throw the guilt
upon another. After tho conspiracy was estab-
ished, the confession of one conspirator was bind
ing upon all connected with the conspiracy. In
this case the conspiracy was the crime-the of:
tense, If one man were to come into court and
say that he had committed homicide, the con-
fession would not even bind tho man, as the proof
must show that the man was dead. III this case
ut the present status ut least the evidence offered
was not admissible. II had been said that the
jury were the judges OF fact; that was so, but 1t
was the duty of the judge odccidc whatwas com
petent to be offered in evidence. lie cited from
several authorities in support of the ruling. As
there had not been evidence yet to show the ex-
istence OF n conspiracy, this evidence could not
be admitted, except to affect himself and in this
case, under charge of conspiracy, no could not
affect himself without affecting others.
MR.. MACvEAGH WAS THEN ASKED
to identify manuscript document, but falling to
do so, he was excused. Mr. Falconer, the siatisti-
clan of the Pos office Department. was then re-
cal to the stand and testified as to the statistics
Of the mail service for the fiscal year ending June
30, 1872 and June 80, 1880 George j. Brewer, of
the contract office, described the routine Of bull
ness In of application for Increase cxpedi
ton of service. 1t was common practice of the
Department, prevailing ut the present time, to in
crease service after a contract was awarded and
before the service was commenced. He had never
known of an order for expedition before a con-
tract went into effect. James Laurenson, q clerk
in the contract office, testified to swearing in
Brady and Turner The government then wanted
to offer In evidence number of contracts, A dis
admission. John b. Sleeman, chief of the pay
division In the Sixth Auditors Office. was ex-
ments on contracts In his office. At the conclu-
sion of this testimony the court adjourned until
Monday,