Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-06-10
BAFFLED COUNSEL
BRILLIANT CONDUCT OF THE STAR
ROUTE CASES.
the Admission OF the Evidence of Their
First Witness, Macveaeh- Judge Wylie's
Rulings and Remarks Doyle. the Coun-
tsrfeiter Wants q General
Capital News.
Star Route Fraud Cases.
NoN.ADMIssIBLH EVIDENCE

WARRINGTON, June Gin the criminal
court this morning the government called ex-
Attorney General MacVeagh as the first wit
ness in the star route cases. MacVeagh tes-
titled that he had q conversation with Reer-
dell, in June 1881. Merrick asked the witness
to give the details of the entire conversation
To- the best of his recollection. Objected to
on the ground that he must give the date of
the interview to make it complete evidence,
and for other reasons. Totten denied that the
evidence was competent for any pur pose In
this trial. The date Of the conspiracy was
placed in 1879, and this confession was made
long afterwards, in june 1881. Ingersoll ar
gued that no one would contend that Reer-
dell's confession was intended to further the
objects of the conspiracy. It was necessary
to prove the existence OF the conspiracy before
trying to introduce such evidence as this.
Merrick was about to reply when the court
interrupted him to inquire whether he was
prepared to assert that the confession intended
to help along the conspiracy, because il it
was not, regardless of other facts, it would
certainly not be good evidence against Ran
dali.
Merrick replied that he thought that could
best be answered by hearing the testimony.
Judge Wy1ie-But you must prove that
there was conspiracy.
Merrick asserted that the confession was
the best proof Of the existence Of q conspir-
acy.
Judge Wylie-Oh, no; l think you are wrong
and the contrary proposition true.
Merrick--But the body Of dead man may
never be found.
Judge Wylie-You must prove that be has
been missing for long time before assuming
him to be dead.
The court in answer to an inquiry by Mer
rick replied that even ifhe should be prepared
to show that every one of the defendants had
made separate Acknowledgements Of having
engaged in conspiracy, it would not be ai-
Missile evidence. d conspiracy must be
made out by circumstances. II this confess
sion should prove that Reerdel met certain Of
the defendants on certain occasions, perhaps it
would be admissible. The prosecution should
confne their questions to facts which would
prove conspiracy. This was very import
ant point in the case.
Ingersoll-Yes, if your honor please,
it is the whole of it. 1ngersoll
closed the argument on this point. which
he regarded as of the highest Importance, by
saying that he regarded the failure of the
government to produce any authorities as
prima facie evidence; that the law was alto
gether on his side.
At the conclusion Of Ingersoll's argument
Judge Wylie decided that the evidence was not
admissible at this stage Of the trial. When he
was satisfied from the evidence of the exist
ence of conspiracy, he would allow this
testimony to be introduced. Judge Wylie
concluded by saying that person could only
convict himself by confession, and could not
even do that until the crime was first made out
-Merrick remarked that OF course this de-
cisiOn would compel him to postpone the in
PRODUCTION Of the testimony he had proposed
to introduce, and MacVeagh was then excused.
Mr.. Merrick explained he had himself be-
lieved this evidence was not presented at the
best time and he had only consented to its in
PRODUCTION to oblige MacVeagh and another
witness, who were Obliged to leave the city.
After recess George J. Bremen, clerk in the
contract division of the postoffce department,
testified that Brady did not act upon papers i'm
mediately upon their presentation. Sometimes
days elapsed. There were several hundred of
them which had not been acted upon when
Brady left the service. 1t was common
practice, which prevails at present, to increase
the service OF the contact that was awarded
and before its execution was begun.
John B. sleeman, chief of the pay division
in the sixth auditors Office of the treasury
department, described the system of payments.
The only way In which contractor could
receive money from the treasury for service
performed was upon warrants signed by the
postmaster general. He could not get it upon
warrant signed by the second assistant post
master general. Although the witness had
seen Warner and Reerdell in his Office at the
same time, he never knew of their acting
together upon any one contract.
Adjourned.
Attorney General Brewster was in court in
the afternoon.