Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-08-25
SCOUTING BY MR. MERRICK
He Points Ont the Guilty Ones and Sug
gests They be Not Allowed to Escape "a
Descent Into Eloausnos-A Cool swindle
In the Treasury Department Exposed =
General CapItal News
.EtoQuessce by Merrtck.

WASHINGTON, Aug. 24.-This morning
Merrick, counsel for the prosecution in thu
star route trial, began his address to the Jury
Before this jury was sworn in May last, he said
when we were discussing the technical ques-
lions raised by defendants on the Indictment
intsrposed in the hope that, their, conduct
might never be subject to an inquiry before q
jury, stated in my view the prosecutfng
officer of The government was never to ask
for verdict OF guilty, unless where he be.
lieved criminality had been clearly and salts.
factorily proved, and further stated that
when the evidence had been submitted to the
jury, that would assume the responsibility
Of discharging my obligation to the fullest
extent by declaring that as to any one OF the
defendants in regard to whom believed the
reasonable doubt, I should So state
to the jury, and in regard
to any of the others whom the proof estab.
lished as guilty, would demand conviction.
Now, in execution of that purpose thus de-
clared, and In the performance OF that duty,
as understand it, and in the name of the gov
eminent of the United States, demand from
Dorsey, John r. Miner, Stephen W. Dorsey,
81. M. Vale, Montford G.. Reerdell ana Thos.
]. Brady. In regard to Turner, the evidence
does not leave my mind free from doubt, and
while do not believe him unstained by Grim
nal conduct, do not believe these men in
troduced him to their confidence and made
him familiar with the secrets of their con-
spiracy. For him, therefore, repentance and
reflection is all that think necessary. IS
Mr.. Merrick then argued that it was not
necessary, as contended by the defense, to
show that a conspiracy existed during the
time embraced in the indictment. If it were
proved that there had been conspiracy before
the Esd of May, 1879, and there was no ex-
PLANTATION as to when 1t ceased to be q con-
satisfied that it has not continued to be con-
spiracy down. to that time. The prosecu-
ton had shown that conspiracy existed in
1877 and 1878, and the presumption naturally
arose that it was conspiracy in 1879, pre-
sumption which was made conclusive when it
was shown that subsequent TO 1870
the conspirators were doing acts, of mutual
purpose was theiving. They stole half mil
lion year, eating like a eanker In the heart
of their country and the prosecution came to
pluck it out in order that the tree might
flourish and resist the storm So .
Merrick then dwelt on Stephen W. Dorsey 3
connection with the conspiracy. Merrick
assured the jury that from the list of July,
1878, the conspIators had been robbing the
treasury, and with great success, and that in
April, 1879, less than one month after Dorsey
had left the senate, he had come out q full;
aedged robber Of the treasury and sat with
the other conepirators at the board where the
plumber was divided. Mr.. Merrick then laid
down his next point, that il the conspiracy
was found to exist, any division of property
which formed the. subject matter
OF the conspiracy could not relieve
the parties from .3E their Joint
liability, and if that compensation were found
to exist for lawful purposes and subsequent
division OF profits; and If It was further found
that thereafter there was an interchange OF
efforts by the several parties, through unlaw-
full means, to enhance the value of property
to several parties, such illegal efforts were
evidence OF conspiracy. he would show the
Jury that after the list OF April. 1879, this per-
fectly innocent person, Stephen w. Dorsey,
who new sheltered himself behind the skirts;
Of his wife, co operated with the other parties
by falee afidayits to get an increase and en-
hancement in the value of their respective dis
tributive shares. BE would show that when
they divided the plumber they also divided the
burglarious tools. The next legal proposition
laid down was that il the jury found that
Brady, in the performance of his duty as ex-
ecutive officer, knowingly, deliberately and
purposely, allowed for any expedition great
er sum than according to the testimony before
him was necessary, 1t was a circumstance
strongly tending to establish the charge of
corrupt motive on his part. Mr.. Merrick also
advanced the proposition that the filing of pa
pers in the Office Of the government with the
intent to deceive any government officer, was
a crime under the law. Court adjourned be-
fore Mr.. Merrick concluded his address,.