The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-09-07
STAR ROUTE TRIAL,
Argument FOR the Defense-Coi. InEernolI
Pulling Against the StreHn.

"'A'"k nkuAhSh the HtEeNTts
WASHINGTON, September G.-Colonel In.
gersoll, III resuming his argument this
morning in the Star Route trial, referred to
the statement made by S. W. Dorsey to
Postmaster General James, and comment.
ed upon the fact the prosecution had not
presented TINT statement in the evidence.
Tho Court-For anything the Court
knows it may have been confession.
Mr.. Ingersoll-lf it had been n comics
sion it would have been here. II one
word was inconsistent with the testimony
it would have been here.
The Court-No man charged with crime
can say that because he did not deny it,
is evidence Of his guilt.
Mr.. 1ngersoll-lt is not evidence either
way, but if lam charged with crime and
make "a written statement OF my connection
with the crime, and the prosecution finish
the trial without showing my statement to
be incorrect, it is a moral demonstration
that my statement agrees with the testi.
mony.
The Court-T don't see anything in it.
Mr.. 1ngersoll--l see good deal in it, and
the jury may see something in it.
The Conrt-The question isthis: Wheth.
er the Court is going to allow m argument
to be based upon mere vacuum wind,
nothing. ,.-,.
Mr. Ingersoll-Tliat would simply be
stealing the foundation OF this case
vacuum. Then addressing himself 10 M
examination Of the ilnprobabili,ies OF
Welsh's' testimony, Qhough he thought
that it had been ground to powder al.
ready Mr.. Ingersoll said: "Boiine
Walsh's story down, it amounted to this
4 rich man borrowed without necessity,
and poor broker loaned without security.
The improbability OF this story would
breed suspicion and incredulity itself. No
man believed it. No man ever would be.
lieve it, and it was for the jury to say
whether it was true or not.
MIR. 1ngersoll then went on TO the argll.
ment that, assuming Walsh's testimony to
be true, it affected none of the defendants
except Brady md only went to show that
he had received bribes-not that he was
concerned in the conspiracy. Ingersoll
then took up and replied 10 the arguments
of the prosecution bused on the subject oil
extravaganza in the Star Route service,
What was the extrnvngance? II he puid
more for the thing than it was worth, tina,
was extravaganza. II he did this know.
ing it TO be wrong and taking share
OF ! the surplus money, it was
bribery, rascalty and corruption. How
did the jury know the service was extrava
CANT? What witness had appeared to sweal
thnt he.'wonld perform the service for
smaller price? The expedition which haG
BEEN complained about had been urged b,
members Of Congress, and majority O
both Houses had earnestly recommended
to increase the service and the expedition
The Attorney General here objected that
there was no such evidence; that the record
OF the Star route investigation had not been
admitted. f'4
Mr.. 1ngersoll admitted that he had been
mistaken, and asked leave to Withdraw
his last remark. He then went on to con
slider the necessity OF mail service in the
fur West. He believed nan in Colorado
had as much right to his mails MS gentle
man in New York. Z lie laid down promo
sition that the hypothesis OF guilt must
follow naturally from the facts proved, and
To- be consistent, not with some o.
the facts, not with the majority
Of them, but with every fact
The evidence must be such as tc
exclude every reasonable hypothesis, ex
cept that Of the guilt OF the defendants
Every fact proved must be consistent Will
the guilt OF the defendants, but it must also
he Inconsistent with their innocerc ,