The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-09-09

hNkA ALO X
erclse OF discretion, let them do il II
could not have been done through icnOr-
anee; imsnifestly it was purposeiv done.
The thing to be deeided was whether il
had been done through q mistaken exer-
else Or discretion, or purposely, and
through wrong motives. The history of
other routes was to be considered, Con-
corning Ia Sc papers, said be, il had been
urged that il they resu Ted in good to the
public then no criminal act had been
done ln making orders upon them. This
was no correct view of the law. de bsd
before referred to tbs case of Lord Bacon
and wished now to read 10 the Jury his
letter 10 the lords while he Was In prison.
Judge Wyhe then read the letter an I
commented upoa lis f~allacies. The
proof OF the conspiracy might be made
out from proof OF the consequences fol-
lowing the conspiracy, said Judge
Wylie, taking up another branch
OF the subject, and he read
from an English authority
IN support OF this p OPPOSITION. Recityng
the circumstances of the operations OF
what are known as the, three-card monte
men In this city, he said that the only
way IN which their conspiracy could be
made out was by circumstances following
actual swIndliDg operations. There was
enc further topic he wished to refer To.
Among the prayers was one TO the effect
that II It appeared that genuine papers
appeared among the fraudulent papers
filed in connection with a route, then the
order fer expedition or increase must be
attributed to the influence ofthe genuine
papers. Such q doctrine could not be
tolerated. The bad could not be saved
by the good, and Vice UeTSG. Parties
committing frauds could not, after thew
found it to their advantage, use some
truth in their operations. Fraud was
not always falsehood, for he had seen
frauds ofthe most abominAble character
with a line Of truth marshalled 1T their
front. The more truth that could be
worked IN the better chance Of SUCCESS.
If you ind o man employing both truth
and fslsehood In the commission Of fraud,
his ohense is even more heinous. This
was about all that he should say at this
time. He wished finally to remind the
Jury Of the difference between their posi-.
ton and his own. If they believed the
charge against the defendants was not
made out without reasonRbledoubt, then
they should acquit them, without regard
to any clamor or any opinion Of the
world. he should refuse TO believe that
any juror was so base 6 coward as 10 re-
fuse to follow his conscience. On the
other hand, their duty to their country
required them to bring in 8 verdict of
guilty il they so believed. Yesterdsy'si
occurrences required a passing remark.
If his information was true, then there
were men engaged liz "fxing the jury"
1t vas natural that the jurors so sp-
preached should feel Indignant, but they |
must not let that interfere with their
calm, dispassionate Judgment. Let them
be so true to themselves as TO refuse to |
allow themselves to be influenced by
these considerations.
Gel. Ingersoll rose and asked the
Court if it was in HIS power TO direct
jurors to fully and freely communicate
to One another al OF the information
they possessed touching these attempts
at bribery.
Judge Wylie ans Sesed that he did not
wish that inquiry stated in the jury room.
de would further say that the law for
babe jurors TO carry into their room any
OF the voluminous notes which be had
perceived they had made.
Gen. Henkle desired immediate invas-
tigatien Of the facts connected with the
attempted bribery Of jurors, and the
punishment of the guilty parties. He
also noted q number Of exceptions to the
charge of the Court.
Judge Wylie interrupted the reading
to pass upon q prayer, which be said he
had forgotten. 1t relates to Vale, and
asserts that he cnnDot be held responsible |
for acts done before he came into the
combination So long SIS s man profted
by s conspiracy he was connected with
il. If Miner sold interests in contracts
to Vale, then the latter, knowing the
circumstances surrounding them, was
guilty.
This portion of the charge was also
excepted TO By Gen. Henkle, who called
the attention of the Court to several of
his prayers, which he said had not been
passed upon in the charge.
The court answered that he had passed
upon them in 8 general way. Referring
TO one Of the prayers be said he did not
believe in the Interference of members of
congress snd generals OF the army il
these matters. The law only should be
guide followed by the postmaster gen
erGl. When 6 general Of the army came
here and said be thought every little
camp II the Rocky MountSins |
was entitled TO daily mail service the
must not accept that opinion SIS the
We should have 8 wrstched con
dition Of administrative affairs if public
Omes-s were to be guided By the advice
and requests OF members Of congress
even where consistent with public goods.
General Heukle srd Colonel Totem
then went on st crest length 70 point OFT
what they regarded SIS neglected prayers
almost uniformly refusing 10
grantIthem. The residing and discussion
consumed SO much tine that i was
s O'CLOCK when the Jury retired
until 3 O'Clock vss then taken,
II which time tbejuyy Mss orde7rd 20 re-
port.