Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-07-19

THE STAR ROUTE TRIAL.
Arguments This Morning upon the
Question Of Admitting Walsh's Testi-
mOny.
To-days session Of the Criminal Court was given
up to arguments upon the admission of the testi-
| mony Of John A. Walsh, offered by the prosecu-
ton last evening in the star route trial. objection
having been made by the defence that the testi-
duced until conspiracy had been proved, and
that 1t was improper for other reasons 1t is pro-
posed by this testimony to prove
A DECLARATION MADE TO WALSH BY BRADY
in December, 1880, that he received pay from con-
| tractors for orders expediting contracts. The
first question to be disposed OF this morning was
| the order OF argument, the prosecution claiming
that upon question touching the relevancy OF
and the defence maintaining that the party making
| the objection has the affirmative. ...
Brief arguments were made by MeSSrS Bliss and
| McSweeny.
Mr. INGERSoLL REMARKED
that he believed far as the court was concerned
| he did not think 1t mattered much who had the
closing, but he said that he believed there would
be something said in the closing about the defend
that will be the last speech in the case, and be-
| would rather have the closing myself. Now,
| that is all there Is about It,"
JUDGE wYLIE's RULING
Judge Wylie said that the usual rule pertaining
| to objections did not apply when party submit
| ted proposition to be proved, and the question
was whether that proposition could be proved in
| 1onged to the party making the offer He there
| fore allowed the prosecution to open and close.
Judge Wyife remarked, In reference to the time
to be occupied by the argument, that the determi-
nation OF this question may involve the fate Of the
| case. 1t was o very important matter, and upon
| mature reflection he had concluded to impose no
|
| counsel as to the length OF the arguments.
| talked as much as we want TO in this case"
Mr. KER THEN BEGAN THE ARGUMENT
for the government, observing that the offer Of
testimony involved the question as to how far the
| government had succeeded in sustaining the In
| dictment. Another question was whether aman's
| confession could be received as evidence against
himself, for this offer was made against Brady
alone. He proposed to refer to some facts and see
| whether 1t had not been proved that there was a
| combination or confederacy among the parties
man 'e eeua mot
| conspiracy required that two or more persons
should be engaged in 1t, Mr Ker urged that 1t was
| case OF q murder, when the offender confessed,
ne would say simply that he struck the fatal blow
The court then defined the crime and instructed
| tuted the crime OF the murder. Mr. Ker thereupon
began to refer to the testimony. He referred frst
| to the testimony Of A. E. Boone, which he said
showed that Pecks name had been signed to an
affidavit, and perjury committed.
| JUDGE wYLIE's SUGGESTION.
Judge Wylie, interrupting, said that he did not
want to pass an opinion, but suggested that Mr.
Ker should assume that they had made out a
prima face case OF conspiracy and confne the ar
| gument to the question whether in such case the
testimony offered was competent. 81 will not" !"
ne SAID, "uoless compelled to do So invade the
province OF the jury.'
| Mr.. Ker suggested that the jury be excused and
| the question discussed In their abSe nee.
MR.. MERRIcK SAID
that the argument would then be predicated upon
the conceded fact that prlma facie case has been
| established. He had understood that the position
OF the other side was that declaration OF a
party charged was not admissible in evidence, as
| no conspiracy had been established. Now the
| argument could be very materially abridged, If
they could understand from the court that in the
view OF the court this conspiracy has been sufici
emily established to admit testimony, il it
is otherwise competent.
JUDGE wYLIE SAYS THERE IS ENOUGH EVIDENCE TO
CARRY THE QUESTION OF CONSPIRACY TO THE
| JURY.
Judge Wylie, after quoting several authorities
relating to evidence In analogous cases, said, If
| there is evidence sufficient to establish prina
racie the fact OF conspiracy proper to be laid
before the jury tending to prove that fact, the
| court VIII not trouble itself about the weight OF
the evidence, but it will limit the confession by
the limits OF the ldw-that Is that the confession
must relate to the case of the parties, whilst carry
| ing out the objects OF the conspiracy. And SO in
this case, in my Judgment there is enough of evil
dcnce to carry the question OF conspiracy to the
| jury But that don't decide this question. The
Offer here is to prove by this witness what was
said by Brady to him, on certain occasion in the
month of December, 1850, relating to what seems
to me TO be other subjectS-not relating to mat
terS charged in the indictment. Now it is, it
! to me, upon the last OF these propositions that
argument is necessary or admissible-that is, con-
cedinS that there is proof enough to carry the
mission or one Of these defendants may be re-
ceiyed in evidence. 1t Is not all admissions that
may be received in evidence, but they must be ad.
| missions or statements that refer to the subject
matter OF this conspiracy"
MR. ToTTEN SAID
that when the proper time comes the defence ex-
pecteI to submit motion, asking the court to
direct the jury to bring in verdict for the de-
PENDANTS. When that time comes they did not
want to be eStopped by anything said In this dis
cuSSiOn.
Judge Wye said that what he said would not
prejudice the proposed motion when 1t came up.
MR.. KER RESUMES.
Mr. Ker then resumed his argument upon the
question of the admissbility Of the evidence, as
suming that prirna Jacie case Of conspiracy had
been tablshed
Mr.. Ker quoted great many cases, all OF which
he said pointed to the conclusion that the confes-
sion OF one OF the cO-defendantS could be received
| In evidence, but applied only to the one making
the confession. "As the case progresses" he says
1--WE will offer other confessions made by Other
| defend lnts in a similar way, and ask the court t0
apply them to the particular individuals" In con.
clusion, Mr. Ker said that they had reached the
stage OF the case in which, representing an injured
and outraged people, the prosecution pleaded re-
spectfuy for the right to put in evidence to show
| that Brady made the orders OF expedition in pur.
suance OF o corrupt understanding. Mr. Ker closed
at IL O'Clock.
| Mr.. Wilson having asked what authorities be.
side those cited the prosecution relied upon, Mr.
Merrck began to read long list of authorities
Mr.. Iugerson exclaimed that II that was the way
| the case was to be argued he was willing to SUBJ
init 1t. 81 don't propose" he said, ito have o
| library thrown at us"
MR.. CHANDLER FOR DEFENCE
MI. Chandler followed for the defence, arguing
against the admission OF the testimony.
| AFTER RECESS
After the noon recess, Mr. Chandler continued
his argument, and finished about half-past one
urging that the declara ton or one man as to hi:
acts could not be received evidence against his
co-defendants, and that 1t could not be received
against himself when he is a joint defendant.
| M'sWEENY