Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-08-22
The STAR ROUTE TRIAL.
MI. TOtten and Mr.. McSwceny for the
Defense.

against him. He attacked the Indictment as not
meeting this requirement OF law. Mr. Totten then
began a review of the testimony relating to the
various routes, pointing out what he considered
absurdities in the claim OF the prosecution that
the facts indicated corrupt understanding or any
dishonesty on the part of Mr. Brady.
In speaking OF the White River and Rawlins'
route Mr.. Totten mentioned that on that route
Postmaster General James let the order OF Brady
stand until the Ute war was over and the neceS-
Sity of the expedition was not so pressing and
then undertook to quarrel with Brady about 1t.
Speaking OF the Ouray and Los Pinos route. he re-
marked that Sanderson got the money on the
route. For some reason SanderSon was left out OF
the indictment, but what the reason was did not
appear. Mr.. Totten, during his argument, said he
would insist confining the case to within the
date set out in the indictment as the beginning OF
the conspiracy which was May %. 1879 and he
only treated OF orders made since that date After
finishing his consideration of the testimony relat-
Ing to the diff erent routes, Mr. Totten referred to
THE TESTIMONY OF BLoIs
as to handwriting and said he was willing to leave
that testimony to the jury If they could find any
thing to lead them to believe that Blois knew
what he was talking about No one, he SAID had
ever heard a word SAID by any Of the defendants
to indicate that they were in conspiracy There
was no 1ntlmatlon that any of these contracts
were improperly made. Mr.. Vale took charge of
all Of them received all the money, and he (Mr
Val. y said that not a dollar OF it ever went any
Where except to pay the legitimate debts of the
concern. The tables showing the payments made
it plain that no money went to any person except
those legally entitled to IT. He denied that the
orders were eXtravagant. or that there was any
proof to show that they were extravaganza He
described the case as one of shreds and patches.
he REFERRED TO WALSH
as ''perfunctory Walsh,' who, he said, had served
for q number OF years as curbstone broker In
New Orleans. Louisiana, he said, was, above all
things famous for its witnesses, and Walsh out
lies and outcaps them all. Walsh. he said, was n
the incitive of his acts here was probably both
iucre and revenge. There was no man so deeply
Interested: Int SO anxious to break down Brady as
Walsh. About that time Walsh filed his ap-
plication for remission OF fines and reductions.
1t happened then that he had an interview with a
way he received 1000 from the Post offce de.
partment. Mr.. Totten noted it as curious fact
that Walsh's name had not appeared upon the
Dack or this Indictment or the Nparent Indictment
which preceded it. How the grand jury got along
without him, he {Mr. Totten) could not see, nor
along with him So it appeared that walsh had
not matured this story until after the meeting Of
the the last 1 grand Jury: He said no other man had
ever complained that Brady had extOrted money
from him. Walsh, he said, man brought up
amidst bloodshed and assassination, man OF
courage and strength, according to the testimony
allowed man half his size to rob him Of sos, 600
and go OF! Walsh had employed two lawyers at
different times to enter suit for him against Brady
and had never mentioned to either of them that
Brady had taken these notes from him.
Walsh had said he fixed the date of his inter-
he made to Brady in connection with Chattanooga
stock. Mr.. Totten declared that it was not 1890
1t was 1879, il Walsh ever wrote it to Brady at all
He referred to Mr. FrenchS testimony that he was
acting Assistant Postmaster General on the 2sth
OF December, 1880, and that the page Adamson was
the only white page ever employed in Brady's
Office. Adamson testified that he was not en-
ployed there on the 2Sth OF December, 1880. Re-
1errlng to Pryors testimony that the books of the
2Sth was signed by Brady, Mr.. Totten argued that
that letter was signed by Brady on the 29th. Mr.
rotten reviewed Walsh'S testimony relating to
THE LOANS MADE TO BRADY,
an6r O9nta No
cies, and commented upon Walsh's inability to
state definitely in each case the amount of the
loans The jury had been told by Mr.. Bliss that,
as WalShs story was uncOntradcted, the jury was
bound to believe 1t. II the jury was bound to be-
Totten argued that Walsh was contradctei by
Buell.. Mr.: Totten denied that Walsh had ever re-
celVed telegram or letter from Brady asking
him to deposit $4,000 for him. II Brady was levy
ing tribute on 800 American citizens, why should
he want TO borrow money from Walsh? Mr.. Tot
ten commented upon the fact that Mr.. Walsh's
CLERK, Ben. Sheckels, was not called by the gov
ernment as witness. Mr.. Merrtck asked why the
defense had not called Sheckels, and Mr.. Totten
said that that was not what he was there for.
Small as he (Mr. TOtten) Was there was no one big
enough to carry s25 600 out OF his house without,
at least, an outcry. and most probably fight.
Mr. Totten, figuring up Walsh's account, claimed
that by his own figures he was entitled to only
sl6,5oO. He declared that II Walsh had been pres
In closing, Mr.. Totten remarked that these de-
fendents were about to be delivered from q storm
that broke first about their heads three years ago:
and quoted some lines OF poetry appropriate to
the de liverance.
Mr. McSweeny's Argument.
The courtroom was well-fllei when the court
assembled after recess, as it was known Mr. Nc
Sweeny was to speak Mr. McSweeny said he
would waste few moments upon the smallest
matter In the case-that Indifferent subject was
himself. 1t was stated by the counsel, who opened
the case for the prosecution, that when he (Mr.
McSWeeny) came before them they would have to
look out. Some intellectual acrobattc perform
anee was suggested by which he was to
would not by silence want to show such disgust
Ing egotism as to appear to appropriate such
GomPrend CON ME ne was & not an orator. out plain,
man just as he ought to be talked to. He had no
flowers of rhetoric to strew along the path OF this
forty nights in the wild wilderness OF this case.
Another thing the jury was warned against was
not TO let McSweeny go home to Ohio and boast
CAP. RED A WASHINGTON JURY.
The jury need not be warned against Mr.. Ker,
because he (Mr: Kerr would not have occasion for
such boast. Mr.. Ker had spoken OF tears in this
case There had been tears in this case; there
They We're from the pathos OF woe; hearts had
acned. as women nave tried to keep brave before
the hae+,o children, and men who have faced
Yes there were tears in the case, and If it added
anything to Mr.. Ker's garlands he had that for O
victory: MI: Ker. he said, was good hearted
man after all. Mr.. McSweeny made playful COM
parlSon between Mr.. Ker and Bottom, who played
the lion. Mr.. Ker, he said had let Turner out be-
cause he had
"FACED THE MuSICn
OF his address on the constitutional ground, per-
haps, that no man should be subjected to cruel
and unusual punishments. He almost let ex-Sen-
ator Dorsey go, but held on to him because Dor
sey had Drought a man from Ohio to attend to his
case ana left no one but poor Bob 1ngersoll and
some common stock around here to see about John
w. Dorsey. He said that Ker, when he found his
sympathies going out said to himself, brace up,
Monster Drace up" and finally told the jury that
tney lad DetJer convict some one, as there had
Deen nppant talk by the prosecution as to things
That looked suspicious. Mr.. McSweeny commented
upon
THE PRESUMPTION OF ngNoCENCB
that prevailed In a criminal case The Indictment
was mere conductor the conveylng-n the pros
ecution had any-of the testimony against the de-
fendant The piesumpti0n OF innocence walked
Win the prisoner through the dark valley OF the
snadow sna OF his trial The presumption OF inno-
cence e was, was founded on good philosophy. It had
Oeen loun0 that human nature, bad as IT was, was
not prone to violate the laws OF the land.
MT: McSWeenEdwelt at constdera bic length upon
tne oegree OF testimony necessary to justify YER
olct OF guilty" This trial he said, was SO differ