National Republican., 1882-12-19
THE NOTES OF THE TRIAL.
Shall tho Defense bc Allowed to Have Copies
Of Proceedings.
An Interesting Question Which the
Judge Settles AmicabIy.
Ho Allows Both Sides Chance to Fix II Up
To-Day.
Col. Bliss Continues Ills Opening Relative
10 Expcditing Routes.

Some miscellaneous business occupied the
attention of the criminal court for few
moments yesterday morning, and after it was
disposed of the trial of the star-route cases
was resumed.
Mr.. Merrick said that the government had
made contract with astenographer to fur
nish copies of the record at twenty-five cents
per folio, on condition that he furnish copies
to government counsel only, the stenographer
reserving the right to furnish copies to the
defense, in which case the price charged the
government should be reduced to fifteen
cents folio. He understood that when steno-
graphers furnished copies to both sides the
price was thirty-five cents folio. The con-
tract was made on behalf of the government
with a view Of economy. The government in
making ths contract acted both with view
to economy and with n view to benefting tho
defense. He did not wish to enter into dis
cussion as TO whether this report was public
document in the view of section 3SO9, X. s..
or not. Ho made the statement to show that
the government acted with wisdom and
economy, and not with q view of oppression,
as had been set forth with so much bombastic
defamation on the other side.
THE GOVERNMENT WAS NOT BOUND TO FUR
NIsH ITS NOTES
to the other side The mere printing was o
bagatelle 1t was the cost of the stenographer
that was material. These defendants, whose
delinquencies had involved the government
in all the expense, could not compel the gov
ernment to write out its notes. If it was held
that this report was public document under
the statute, the government would stop print
ing the reports, and for the twenty-five cents
a folio get three copies each day made by
typewriter.
Mr.. Wilson said he had hoped that this mo-
tion could be discussed without having the
defendants denounced as criminals and
thought that Mr.. Merrick's observation was
uncalled for.
Mr.. Merrick said that they were no more
uncalled for than Mr.. Wilson's remarks last
Friday about the attorney general
Mr.. Wilson said that these twenty copies,
which it was proposed to sell the defendants,
were printed at public expense-printed, 1t
appears, for private benefit. He wanted to
know whether the court had any power in
this matter, and the sooner the better, for it
would enable them to take steps elsewhere to
determine their rights. He did not think
that it was for the department of justice to
step in and deprive these defendants of their
rights. On its very face the contract was
condemned When the copies were printed
at the government office the defendants would
claim the right to get copies.
OPINION OF THE COURT.
Judge Wylie, having read the section pro-
viding for the procuring of public documents
from the public printer, said it appeared that
the Joint printing committee of congress had
the power to regulate this matter. 1t was be-
yond the power of the court to supersede that
committee. The defendants had shown no
authority from that committee On that
ground he could overrule the motion. But
the motion had broader scope. Referring to
the contract with the stenographer as ex-
planned by Mr.. Merrick, he said the compen-
sation was what was usually paid stenogra-
pliers. At the last session of congress bill
was introduced to authorize this court to ap
point an official stenographer He thought
the amount named in the bill to be paid was
20 cents folio. At the last trial the same
stenographers reported the proceedings. The
duties of the reporter during that trial con-
tinued through a period of eighty days. 1t
had been stated by the defendants that their
proportion of the expense was between $4,000
and $4,000.
Mr.. Bliss stated that expense was incurred
by the defendants because they hired their
own stenographer, who acted as a middle man
and made the contract. The government, he
said, had to pay 5000 or $4,000.
Judge Wylie said that the other side hav-
ing paid as much, the cost was between $3.50
and 5000. These stenographers had right to
their skill. Their reports had been made
with great Skill but their duties were only
hose of reporters, and he thought twenty-five
O uts a folio was abundantly sufficient. That,
d ring the trial. would amount to about four
ii nes the annual salary of the judge. He
fought the government had right to enter
into the arrangement explained by Mr.. Mer-'
rick, and that the reporters had right to the
twenty copies to do with as they please. As to
charge of thirty-fve cents a folio, for furnish
ing both sides with copies, he thought that was
oppressive. These men had right to set their
own price upon their skill. He had come
@In hat thngn unn
shall either be content with fair compensation
or they can't have place in this courtroom.
They would have to move outside of the bar
of the court. He did not care what their
contract was. That was the only way the
power Of the court could reach them. The
domain of the courthouse was small, but
within those limits the court was dOminus.
He would give them until tomorrow morn
ing to make what equitable arrangement they
could He gave them this notice in q friendly
way. He wanted to say also that these de-
PENDANTS had'not yet been convicted and were
entitled to fair trial, and he advised counsel
to go on just as If the art OF printing had
never been discovered.
Mr.. Bliss said that the government had dis
continued the printing of the record, not hav-
ing printed any copies pending the motion.
Judge Wylie remarked that this action of
the court might cause complication. Certainly
there were other reporters who could do the
Work anu II une WOrk COulu uOu Do uouo up u
fair price, they could try the case in the old
way without reporters. He regarded this diff
ficulty as having arisen from the mistaken
view of the reporters who thought they were
here under the authority of the government
and colld demand their own price.
MR.. BLISS
then continued his opening address to the
Jury. Among tho illustrations which he
gave of the character of the routes on
which increase of speed and of number of
trips had been ordered by Mr.. Brady, was
route in Oregon, on forty miles of which there
was not house, and not road on seventy
miles of it. The quantity of mail carried over
the route on one day, was one letter and one
postal card. In another case in Ore
gon, the compensation had been (by
"expedition") raised from $500 to
$2l 500, before pound of mail
had been carried out. OF that sum, $4,000
had been paid to the sub-contractor, and
$11 500 to the conspirators. The amount had
been afterwards increased to S50, ,166, of which
the sub-cOntractor got only S2l 600. The net
revenue of that route costing $50, ,166) was
$114.50 The mail carried on it did not, at
any time average three pounds day, ana
sometimes did not exceed half pound, Re-
ferring to'the star route investigation made
by the house committee on appropriations,
Mr.. Bliss spoke of it as having gone to the
verge of discovering these frauds, and then
having stopped. He had not closed his speech,
when the court, at o'clock adjourned.
The Consular and Diplomatic Bill.
The consular and diplomatic appropriation
bill, reported to the senate by Mr. Allison