Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-12-11
THE STAR ROUTE TRIAL
THE COURT DECIDES HIS PRESENCE UN
NECESSARY.


NECESSARY.
JUDGE WYL1E DECIDES THE DEFENSE
ONLY ENTITLED TO FOUR CHAL-
LENGEs IN ALL.
The counsel and defendants In the star route
case were all in attendance at the Criminal Court
early this morning except Mr.. Bliss. Mr.. Enoch
TOtten who has been Ill for several days, took his
seat with the counsel for defense. All Of the mem.
bers Of the petit jury were present except Mr..
Robert s. Chew. Judge Wylie stated that he had
received from Mr.. Chew's physician a certificate
that he was unable to serve. He directed the
clerk to mark MIR. Chew Excused" The vacancy,
he said. could be filled by talesman. The mar
shall was thereupon directed to summon tales
man, holding that the vacancy now to be filled oc-
CURED after the full period had been completed,
and therefore 1t was not required by law that a
name should be drawn from the pox.
Mr. MerrfCk Moves that 8. w. Dorsey be
Compelled to Attend Personally i'm
Court
Mr.. Merrick, upon inquiry OF the court, said that
he had matter to present to the court, but pre-
ferred to wait until Mr.. Bliss arrived.
After waiting few minutes Mr. Bliss, not hav-
Ing arrived, Mr.. Merr1ck rose and said that he had
motion to make. He remarked that there might
be some difference OF opinion as to the necessity
Of the personal appearance Of defendant in court
In such case. In order to meet any contingency
he offered his motion. which was to the effect that
Stephen w. Dorsey, one OF the defendants in this
cause, be compelled to appear personally In court
Mr. Merrick read an afldavit Of Mr' george Biiss
setting forth that on about the 1St OF December
last Dorsey composed card or statement, ad-
dressed to the public, which he delivered to the
caused to be published. The af1idavit included
Dorsey's 'card, published In the newspapers a
While Mr.. Merrick was reading Mr.. Bliss entered
the court. At eleven o'clock, Mr.. Merrick having
davlt including Dorsey's card, Suspended the
reading while the grand jury came into court
When the the ceremony attending the calling Of the
grand jury was over, Mr.. Merrick continued the
READING OF THE AFFIDAVIT
The afdavit further SET forth that deponent is in
formed and believes that afterward the 5th day
OF December said Stephen w. Dorsey had per-
sonal interview and conversation with a reporter
or correspondent OF the New York World, in which
he composed and furnished certain statement
published In the paper named on the 7th of Decem-
Der, concerning himself and the star route cases
Then followed an extract from the Wortd, contain
Ing the ntervlew.1n question. The affidavit closed
formed and believes that said Stephen w. Dorsey
though undoubtedly troubled with an affection OF
the eyes is able to attend at the Supreme Court Of
the District OF Columbia, now holding criminal
term, as frequently and constantly as he did at
the former trial. and to attend to matters pertain
Ing to his defense"
ANOTHER AFFIDAVIT.
Mr. Merrlck then read an affidavit made by his
colleague, Mr.. w. W. Ker, setting forth that depo-
nent was further informed and believed that on or
about the 9Th or 9th Of December, 1882 said Ste
phen w. Dorsey composed or caused to be COM
posed written declaration or statement concern
ing himself and the said star route trial, which
statement he sent to the New York World, In
which paper it was published on the 10th inst
tt IN followed Dorsey's statement. printed as
stated, on the 10th inst
MR.. MERRlcK's CLOSING REMARK.
When Mr. Merrick had read the affidavit, and he
finished the reading at II 80 am, he said that in
his own judgment he did not believe in a case OF
necessary. he therefore submitted the motion
without argument
MIR. IngersOll Remarks on Mr. Mer.
rick's Motion.
Mr.. Ingerson said he could not see then what
reason the prosecution had to make the motion.
present. His bodily health prevented it.
and an g' by the be wPnssses
against him. The physicians said that Mr. Dor
ever agitated the mind would affect these nerves,
and the agitation OF this trial would be fatal to his
eyesght The court, however, held that this trial
ditton made no difference. The prosecution had
been so struck with the cruelty OF the law that
they had come into court and filed this af1ida-
ion down gradually, and for the purpose Of
making the public believe that the doctors did
not know what they were talking about He mr.
Ingersoll] said that this af1davit II it meant any
thing, meant that Mr.. Dorsey was not in danger
| the law-that a man could be forced into court
and to trial under such circumstances. Referring
to the first interview In the World. Mr. Ingersoil
sey wrote or composed that article. It was all
born OF the brain OF the reporter or
dn nsrs s Of AZ from
| summon Mr.. Dorseys physicians, or any other
physicians, and examine them as to the condition
Dorsey could not be present, he would ask post
ponement OF the trial II they could not do this
that in justice to the physicians the court sum-
mon them or other physicians He declared that
this trial could not go on without danger Of Dor
sew losing his sight
Mr.. INGERSOLL ON THE CONDITION OF MR. DORSEY
Mr. 1ngersol went on further to describe the con-
ditiOn OF Mr. Dorsey. He said in explanation OF
the card" that in his condition Mr. Dorsey could
dictate or state to others what his defense was
but the excitement Of the trial would materially
reduce the chances Of recovery. He did not be-
lieve the public. the press, or any dispassionate
person PEI oN's would Justify forcing him to trial
re-estapllshed. It was bad enough to to
casting reflection, without question, on thu de,
fendant and physicians who made affidavits No
case ever was important enough to justify such a
measure as was contemplated. He would say, il
he were judge, that the country could wait II
this court proceeded to try s. W. Dorsey In his alb
sence, II the verdict was guilty, IL would not be
worth the paper 1t was written on. He did not
believe that a man could be deprived OF his lib
erty in that way. He could conceive of nothing
more unjust. In this case he would contend that
verdict against his client. when he was unable
to be present. would be absolutely void He would,
therefore, make motion.
Judge Wylie said they should first dispose of the
motion before the court.
Mr.. INGERSOLL'S PROPOSITION
Mr.. Ingersoll said then that he would make the
additional motion to examine the physicians or
appoint other physicians to examine Mr. Dorsey.
Mr. Merrick, arising said that Mr. Ingersoll had
omitted to call attention to the afldavit respect
ing the World statement, which said that Mr.. Dor
sey did write it. ITO that affldayttn declared Mr..
Merrick, ~ am willing to append mine"
every WELL" said Mr.. Ingersoll, ssthen we viii
have the afl1davit OF Mr.. Dorsey"
Mr. NKRRICK PREPARED.
Mr.. Merrick, continuing to speak, said, referring
to Mr.. Ingersolps declaration that the verdict