The Evening critic., 1882-08-24

his own story. Now, then, supposlng Walsh |
had been placed together with these defond- |
ants as coDsplrator, and supposng his CON |
tract had been brought in hero raised from |
$4,000 TO s135,000. Would they not have
had an elegant apparent caoe % according to
him, and yet, according TO him, he had an In
crease from $4,000 to $135,o00 without any
arrangement or intimatlon that thore would
be an increase OF service. 80 that you 500 you
could take and mako n easo like this and
bunch and bundle anybody Of the 1000 con-
tractors,
Throw Them in IGurIy BurIy
and say that because thore are similar con-
tracts and similar kind OF conduct and similar
increases and similar additions OF horses that
similarity makes unity. Similarity OF con-
duct in different directions no moro makes
unity than TO prove that III this town there nro
n dozen men engaged In house building and
contracting In the same line.
Now, gentlemen, supposing that stood alono
In q civil suit. like to try thing that way.
supposlng upon that kind of an oath II had
been said ho wanted 10 recover something In
civil suit. Supposing now there were no
other testimony than Just that. How long
would you hesitate In dischargiug Brady from
a claim for $4,000 on two lost notes Take
that with you TO your juryroom. Mr.. Walsh
has been before tho Grand Jury. He says that.
He either told this story or he did not, do not
care which.
Mr.. wllson-Ho says ho never told 1t until
he went before tho Grand Jury.
Mr.. McSweeny-Then he did tell II thoro and
under the management, do not moan Inn
proper management, but under tho super
vision of Brother Bliss to SEQ that tho points
would bo brought properly out without any
cross.examinatioD.
The Court-I think, Mr.. Mcsweony, you can.
not so into that subject.
Mr.. McSweony-l did not propose only TO
say that he had boen before the Grand Jury.
Now, as Brother Bliss has talked about ring
ing up curtains and managing tho stage, ad-
wise him when next his performer appears to
change the scenery and no longer make the
play melodramai and II 1t appears next fall
let US have II announced as a roaring
farce and change all the scenery and every
thing else to mako IL acceptable. But they
offer II seriously against mans liberty with
all tho surrounding Inconsistencies aud most
palpable motives against Its truth-long con-
cealment OF wrong like that and upon the
ground that he did not want any scandal. And
ters scandal widespread. He talks about
n corruption fund to apply to u
committee that was sitting In Congress to In.
vestigate this, throws his slime worse than
tho venom of the Nile over everything What
becomes of his detestation OF scandai2 There
is no man too high, no man so slow but Is
BedraggIcd With His Slime
| and innuendo on that stand. Ho talked to YOU
about corruption fund that was necessary up
| there at Congress. Oh, gentlemen, he dreaded
scandal, didn't hop
Brother Bliss was very short In his remarks
| on Mr.. Walsh. short horse is soon currled.
| He says, "You heard the statements of Mr..
Walsh. They must be believed II nobody was
| Now let me read for my argument from pago
| 81 OF I'd Ohio State Reports, q decision by Chief
| Justice Thurman. Judge Thurman is known
In this city. brighter, purer, better man never
| adorned the bench and gave glory to 1t, than he
| on the Ohio bench. No man at the bar came
| up to his shoulders. No man In the Senate was
| moro than his peer. You have known Judge
| Thurma II among you, and what he has to say
| comes directly In point. In the case OF French
against Millard, the court were asked to In
| 0That 1t is their duty to give credit to tho
| statements OF each witness unless conta1ictod
| by other evidence; that In order to discredlt
| tho Testimony OF a witness on account OF his
| general bad character, the witness who IS
| called upon to discredit the witness on &c.
| count OF general character, must prove tnat no
| is.acquainted with the witness general char
| actor Cor truth and Yeracity."
| That point is disposed of. pass 1t.
| "The first clause afllrms that 1t Is the duty
| OF Jury to givo credit to the statements OF
| each witness, unless contradlcted by other owl
dence. How is this to be done where, as Is
sometimes the case, witness statements are
directly at variance with each other2 And
is the jury to be told that no matter
| what Is the manner OF witness; no
matter how many and gross are his contradlc.
tions; no matter how apparent may be his
ignorance or incapacity; no matter how mani.
fest 1t may be tina. he has manufactured or Is
| manufacturing his story; no mattor how
clearly his willingness to swear falsely may
be seen; no matter now incredible may be mis-
narrative, he must yet be credited sunless
| contradicted by other evidence"
Surely, surely this would bo placing wit
nesses on acnrious level would Dc strange al g
considered entitled TO the same credit as other
witnesses unless contradicted. There Is no
such rule of tho human mind. These great
rules OF Judgment are written In the intellect.
They would exist II q universal conflaSration
would clear the shelves OF every law book
existence, furnishes his own rule for
the Judgment Of the improbabillty OF stories,
and hence, when they lay down that rule lay
down Judge Thurman, who says II would be
monstrous to make any such procrustean bed
to measure each and every witness alike II he
is not contrriicted.
1t Would he FIattery TO Contradict
Such n Man.
1t would be yielding too much to put any wit
ness in antagonism with q story so foul a
man smarting under suca wrong concealed
for two whole years with the expedition of the
Government in his pocket, and then the expe
| dition OF his oath as quick as the winged
lightning and swift as travelling thought
keeps pace with the expedition In his pocket
A man is to be believed unless he be contra
| dicted.
Suppose Brother Ker would come In this
morning, as much as esteom him and MS
late this morning; Idid not get In until littl!
after 10; had to come q couple OF hundred
miles since breakfast, and the horses were no
railroad; you might as well hx It vi
rlght-"the railroad had gone u,on bn
his naa eoapa 9s S mos Gu sha e took
three hours, walking pretty smart, to get
here" supposing something depended upon
Of n ssy As @nSn as
''Ihe manis beside himself; hath much Gov
ernment prosecution made him mad y
Mr.. Ker-I would not tell such story.
Mr.. McSweeny-C Certainly not. Now road
Bliss, Snow, the said Ker shall not be discred
tied unless some witness shall contradic
him." Now, the probability or improbabillt,
OF n story can be Judged In the ordinary anair
Of life by the jury. would not have to call II
some witnesses. How far eau man tramp
even Philadelphia lawyer. What is his gait
wouldn't have TO prove that,
"Gans tho gait ye came again"
You could not prove that. And so when thl
man tells
This MOnstrous Story,
when he thinks the storm has broken oil
Brady's head, whom he thinks anybody can b.
believed against Tom Brady, think
he, snow is my time, will try
on here, l have got u civil suit, l VII
go around and try how the medicine works
and II II is successful with this jury, Will trJ
II In my civil suit and bring out the data an
put in two notes, but want 10 see what thi
Jury think, maybe / had better stick to tina
memorandum, and not use the notes; Just wal
and see what the Jury think OF 1t"
FOR CONGRESS.
Republicans Nominated Yesterday