Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-07-28
THE STAR ROUTE TRIAL.
GOVERNMENT TESTIMONY ALL IN.
AN ADJOURNMENT UNTIL MONDAY

The Criminal Court assembled at ten O'Clock this
morning, but did not proceed to business until a
quarter past ten O'Clock. Mr.. Bliss called for Mr.
Mesenberg, the witness from st. Louis, but he did
not answer. Mr.. Bliss said that the government
was ready to close, subject to the right of placing
him on the stand Monday ii he should appear, and
also with reservation as to ex-senator Spencer.
He said he had received q telegram which led him
to expect the arrival Of the St. Louis witness this
morning.
Mr.. Carpenter said the defence did not propose
to proceed with their case until the prosecution
gets through.
MIR. Henkle said that the defence proposed to
submit some motions when the government closed.
Judge Wylie said he did not propose to ad-
jeurn the court to-day; he proposed to go on.
siderlng the governments case closed, saving the
reservations made by Mr. Bliss.
Mr.. TOtten argued that 1t would be unprece =
dented to oblige the defence to go on.
JUDGE WYLIE ON THE ADMISSION OF TESTIMONY
FOR TIE PROSECUTION OUT OF ORDER.
After further discussion, Judge Wyl.e said the
circumstances appealed strongly to the discretion
OF the court to admit the testimony when it is
offered out of the order. II the testimony was
OF such character to require some indul-
gence to the defence in order to meet it, the court
would grant such Indulgence.
MR.. BLISS OFFER AND MR.. WILSON'S OBJECTION.
Mr.. Bliss offered to state what was expected to
be proved by the witness, so that no advantage
could be taken OF the defence; but Mr. Wilson oD-
jected to his stating it.
dugence to the prosecution said, in regard to eX-
Senator Spencer, that he did not know whether
go home or not He had seen him In the court
some time ago. He understood that through
Spencer it was expected to bring other defendants
TO the confessional.
NO." said Mr.. Merrick.
MIR. INGERsOIL TAKEN AT HIS WORD.
Mr.. 1ngerloll said that If the evidence in was all
the evidence the prosecution had he was willing to
let the case go to the jury without word.
Mr.. Merrick suggested If the counsel were pre-
pared TO submit the case, that could be done be-
fore the witness came.
81 don'5 want to do it under threat" said Mr..
lngeraol, THAT there is more testimony to come
in.''
"Here is an opportunity" said Judge Wylie to
Mr Ingersoll, 'for you to cut them out of the ad-
vantage of that evidence"
'.The court will not let the witness in?' said Mr.
Ingersoll.
THE court will not let the witness in," said
Judge Wyiie, 'sif you are prepared to submit the
motion that you intimate"
THE ST. LOUIS WITNESS NOT SWORN.
Mr.. Bliss here stopped the discussion by having
the witness Meisenberg called again by the crler.
The call was effective, and Mr.. Bliss, after con-
ferrlng briefly with the witness, announced to the
court that under the ruling of the court yester-
day, declining to admit proof of the entry of s.
to Bradys credit in Hatch Foote'S on account, be-
cause it had not been referred to in Mr.. Walshs
testimony, he did not think this evidence was
admissible. 1t was important in another case
against Brady, and he had thought it would be
important in this. Mr.. Bliss then withdrew the
offer Of the testimony.
Some minutes elapsed, during which several of
the counsel for the defense held consultation
to submit the motion that he had intended to
make at the close OF the The counsel for the
defense had had no conference about it. Other
gentlemen for the defence preferred that the case
should go on.
THE HOUR CONE FOR THE DEFENCE TO OPEN
SWELL" said the court, 1.-THE hour has come for
you to open,"
"Well," said Mr.. Ingersoll, 81 will put in first
the balance OF that book" referring to the record
of the bids and contracts OF the letting OF 1873
MIR. WILSON WISHES TO FURTHER CROSS-EXAMINE
WALSH
Mr.. Wilson said that before proceeding he de-
sired to recall Mr. Walsh for the purpose Of further
eross-examination.
I Mr.. Bliss having objected, the court required
Mr.. Wilson to state specifically what he proposed
TO effect by this crOSS-examinatiOn.
ton for proof to SHOW M t6at walsh never new men
toned the matter OF Indebtedness to Brady in his
life; that he rode with him to Washington few
days before the suit and did not mention it: that
when he placed the claim in the hands OF Mr.. Tot
ten for collection, he claimed the loan which he
after he had broneht the suit o and Il became
known, one OF his friends inquired OF him what it
meant. and he (Mr: WILSON, wanted to show by
Walsh's answers that he did not pretend that
Brady owed him a cent.
THE COURT WILL NOT ALLOW IT.
The court said that he would decline to allow
the further cross-eXamtnation.
Mr.. IngerSoll then said that he would put in the
remainder of the book containing the record and
all the bids of the letting Of 1878 to cOntrOvert the
statement OF the prosecution that the defendants
alway bid on weekly routes and slow routes, and
other statements OF similar nature.
Mr.. Wilson called attention to the fact that the
sum allowed to the contractor on the route from
Sugnache to Lake City by clerical error had
order.
Mr.. Bliss said he would admit that.
marked by the reporter. Then there was a pause
The counsel for the defence did not seem decided
as to how to proceed.
CONSULTATION CT COUNSEL FOR THE DEFENCE
After minute or two of silence, Mr. Ingersoll
announced to the court that the counsel for the
defence wished to withdraw for moment for
consultation. He then led the way out OF the
court room, followed by MeSSrS McSweeny, Tot
ten, Wilson, Chandler, Hine, Henke, and Carpen-
ter.
RESULT OF THE CONFERENCE.
The counsel returned in about five minutes.
Mr.. Totten said the defence had come in this
morning expecting that the prosecution would
have some testimony to of1er; the defence had
many witnesses, but they were not here. and there
was some confusion. He asked the Indulgence of
the court until Monday. when they would have
their course OF procedure marked out, and would
be able to go on without loss OF time.
ADJOURNMENT TO MONDAY.
Judge Wyle said he would regret to close the
day. When the trial began he had expected to
push it with much more vigor than it had been
pushed. He had found, On account of the warm
weather and the feeble health Of one or two OF the
jurymen, that he could not press the trial with
much vigor, but il the counsel thought they could
not go on possibly to-day he would be obliged to
adjourn till Monday.
Mr.. Totten said that he did not think they could
go on to-day.
~ am afraid you have too many lawyers on your
side," said Judge Wylie.
"The difficulty is" said Mr.. Totten, tive have too
many defendants, your honor. These men should
have been indicted separately"
"We would like to consult" said Mr.. Ingersoll,
'sto see who We think the prosecution thinks they
have any evidence against"
"TO see which Of you will plead guilty and
which will not" said Judge Wylie.
1--WE may all plead guilty Monday morning" )"
said Mr. IngersOll, laughing.
The court then, at II rs am, was adjourned till
Monday morning.
NOTE.
canvass OF the jurymen has developed the fact
that 9 OF them are democrats, republicans and
readjuSter.
ARRANGEMENTS WITH PRISON AuTHoRITIEa-Mr.
Brewster Cameron, general agent OF the Depart
ment OF Justice, has returned from visit to Ale
gheny, Pa, where he made arrangements with the
prison authorities to Keep prisoners for the states
Of Ohio and Pennsylvania free OF cost to the