Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-06-02
THE STAR ROUTE TRIAL.
MIR. BLISS OPENING ARGUMENT.
PROCESSES OF ExPEDITlNe.

their counsel were among the earliest arrivals In
the Criminal Court room this morning. Mr.. Bliss,
who was to open for the prosecution, soon
followed, and spread out on the table before
him vast heap OF documents bound in red tape
THE JURORS,
when the court opened, answered to their names
as follows
William Dickson, Matthew McNelly, John B.
Mccarthy, Edward J. McLain, william K Brown,
Edwin d. Donaphin, Henry A. Olcott, William
Holmead, Thomas Martin, George w. Cox, E T.
Murray and Zachariah Tobriner.
When the court opened there were still many
seats In the court room vacant, but, as the day
advanced, the crowd kept increasing until the
sat alone at thu nrnoat1 "e &c ~, f soa % ti Hso
and was then joined by Mr.. Ker.
Mr. Bliss Opening Argument.
few minutes after ten Mr. Bliss arose and be-
gun the opening for the government 1t was nat
urai, he said, that any case that had involved so
much preparation and attracted so much atten-
ton, the counsel should come to regard it as Inn
portant By the action of these defendants, he
said, the government had been defrauded OF over
$6OO,0CO. The case was important, tOO in view OF
Sa1 h OF Ihe aeIendanIsLone OF tnem
eral. and another United States Senator. OF the
position OF the others, he said he would have some
timing to say hereafter AS the case was one which
involved many complications, they would have to
take considerable time, perhaps, to present it in
an IT'S qualifications. Mr.. Bliss then read from the
Cne PoSt Ofiice department., the duties and author
ity OF the Postmaster General, &c.
THE CHARGE AGAINST BRADY.
Acting under the authority delegated to him, the
postmaster General, Nr. Bliss said, had made
many regulations to govern the actions OF the
department He read the regulations referring to
The duties pertaining to the Office OF the Second
Assistant Postmaster General Brady, one of the
defendants, he said, was Second Assistant Post
master General from the 23d OF July, 1876 down to
had made orders by which the defendants were
enabled to obtain fraudulently large sums of
money from the government They further
conspiracy
TO DEPRAUD THE UNITED STATES,
for which they could be punished under the
statutes. Among the powers delegated by the
regulations OF The department to the Second Assis
tant Postmaster General was that OF providing for
carrying the mails in different sections, having
due regard to productiveness, set forth In sec
tOn 1855. Revised Statues Mr. Bliss read also the
sections relating to advertising and letting mail
He said he read these provisions to show the care
that the law contemplated In requiring that the
carrying OF the mails should be open to public bid
ding and competition. The various statutes relat-
ing to the mail service had been eXpOunded by the
United States Supreme Court He cited the case of
Garfield against The United States In the Sd vol
CT Otto He referred to the advantages possessed by
the Secoud Assistant Postmaster General to learn
what was required on the various routes; mention
whom he could call for Information, and also the
experienced corps OF inspectors OF the department.
He was bound tosay that he did not believe there
so e1ilcent corps OF men as the inspectors OF the
Post Office department.. There was no probability
OF great change in the requirements between the
time the route was advertised and the contract
awarded. 1t did not grow SO fast as to require
any very great change either before the contract
went into effect, or within very brief period at
terward They did not claim that every star route
should be made to pay its own expenses. The
service to the extent OF their needsnot to the ex
tent, however, that Is required in thickly- settled
portions OF the country. Mr. Bliss stopped to ex-
plain the
ORIGIN OF THE TERM ssTAR ROUTE sERv1cE,n
mentioning that in the department custom had
grown OF representing the three words ''celerity,
certainty and security required IN such contracts
by three stars from which custom the term had
originated. The fact that there should be some
discretion given to some one in regulating the
mail service under the statutes had always been
recognized The statutes made such provision,
prescribing that compensation allowed for addi-
tional service should not be. proport1onaly In ex-
cess to that OF the original service There was no
to eT when
extra allowance was to be in proportion to such
increase OF outlay.
MR. BRADY's EXTRAORDINARY ALLOWANCES.
They claimed that Mr.. Brady had made increases
when there was no necessity, with extraordinary
allowances going to the very limit OF the statu-
tory limitations, when there was no public call
for 1t, and upon evidence which would not satisfy
an honest lnan that the increase was required.
When service was increased from one trip to three
trips OF week 1t would be only an exceptional
case, where three times the original amount OF
the extra compensation should not be In excess
proportionally, of the original amount. Mr.. Bliss
this. Mr. Bliss was about to read
LETTER WRITTEN BY EX-SENATOR DORSEY
to sub-cOntractOr, when Mr. Wilson objected say
ing that Mr.. Bliss had no right to Introduce evil
dence In his opening remarks.
Mr. Merrick claimed that counsel in opening
ought to state all the evidence which he proposed
to adduce
The court said he should state the facts he ex-
pected to prove and how he expected to prove
them.
Mr.. Merrick claimed that the prosecution in
opening had right to state either from memory
or from memoranda that they expected to prove
that Mr. DOrsey wrote certain letter, and to give
the contents OF the letter.
Mr.. Wilson said that to state the contents would
asked how it would appear for himself when he
came to present his side OF the read letters
from SceTs and Others headed by General
very things for which Mr. Bliss is now condemn
>. awhat, !" asked Mr.. Wilson, "would the prosecu-
81 should say that you could not do it," said
II should also say" said Mr.. Bliss, "there are no
"You know there are such papers," said Mr..
WlSOus SOucWudC tAclItl, anu you cannot Keep
them away from this jury"
"This is entirely out OF order,p said Judge Wy
lie, "and In order to stop this will decide this
question now"
DECISION OF THE COURT.
The court held that In opening his case the
counsel had right to state what he expected to
prove. He had no right to read an original paper
or copy OF 1t, buthe could state what he expected
to prove. He could not go into the substance Of
letters or other evidences OF the kind.
Mr.. Wilson, arising, apOlOgiSed for the vehemence
OF his retOrt to Mr.. Bliss.
'"The court was q little vehement, probably, in
arresting your argument" said Judge Wyne
"But such waters ought to be stopped before they
get beyond control"
Mr. BLISS RESUMES
Mr.. Bliss said that what the court had said he
ought to do was all he had expected to do. He
wanted to show the jury that the expense OF SER
vice was not multiplied by the number OF trips;
he expected to show that tOne OF these defendants
in arranging for Increasing the trips had not cal
culated the cost by the number OF trips
"ExPBDITING"
Mr.. Bliss, continuing his argument, said that
even II it should be allowed that Mr.. Brady had
allowed this extra service JUSTLY still they claimed
that the amount allowed was excessive, and could
not have been granted by any public ofIicer. Some
contractors had carried the mails with the In
creased schedules, with the same number OF stock