The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-08-25
TELEGRAPHIC
Star Routes.


Washington, 24.-This morning
Merrick, OF counsel for the prosecu-
tlon IN the star route trial, began
MS address to the jury. Before this
jury was sworn in Nav last, he said,
When we were discussing the tech
meal question raised by the defend
ants on the indictment. Il stated
thae IN my view the duty of the
prosecuting officer of government
was never to ask for a verdict of
guilty unless where he believed
crlmlnality had been clearly and
satisfactorily proved, and I further
stated that when evidence had been
submitted to the jury / would as
sumo the responsibility of discharg-
ing my obligation to the fullest eX-
tent by declaring, as to any one of
the defendants in regard to whom
L believed the proof did not show
guilt beyond reasonable doubt,
l should so state to the
jury, and in regard to any
Of the others whom the proof
established as guilty, I would de-
mand conviction. Now, in the exc
cution of that purpose. thus declared
and in performance of that duty, as
l understand it, and in the interests
Of the government of the United
States / demand from this party a
verdict of guilty against John w.
Dorsey, John D. Miner, Stephen w.
Dorsey, III. NJ. " ale, MontfOrd G.
Aearden, and Thomas J. Brady. In
regard to Turner the evidence does
not leave my mind free from doubt,
and while 1 do not believe him un-
stained by criminal conduct, I do
not believe these men introduced
him to their confidence, and made
him familiar with the secrets of
their conspiracy.
Merrick then argued that it was
necessary, as intended by the de.
Tense, to show that a conspiracy
existed during the time embraced in
the Indictment. The prosecution
had shown that conspiracy existed
in 1877 and 1873, and the pre-
sumption naturally arose that it
was a conspiracy in 1S79-a pre-
sumption made conclusive when it
was shown that subsequent to 1879
they. were doing acts eff mutual
and reciprocal benefit. Merrick
then dWelt upon Stephen w. Dor
sey's connection with the con-
sp:racy. He asserted that from the
1st OF July 1878, the conspirators
had been r0bbing the treasury and
with great success; and that in
April 1879, less than one month
after Dorsey left the Senate, he
came out a fullftdged robber
of the treasury, and sat with
other conspiratOrS at a board
where the plumber was divided.
Merriek then laid down the next
point, that if conspiracy was found
to exist, any division of property
which formed the subject matter of
a conspiracy, could not relieve the
others from joint liability; and
that if a combination was found to
exist for lawful purposes, and sub
sequently made a division of profits,
and further found that thereafter
there was an interchange offered by
several parties through lawful
means to enhance the value
of property of the several
parties, such illegal efforts were
evidence of conspiracy. The next
legal proposition laid down was
that if the jury found Brady, in the
performance Of his duty as execu-
tive officer, knowingly, deliberately
and purposely allowed for any expe-
dition greater time than, according
to the testimony before him, was
necessary; it was a circumstance
strongly tending to establish the
charge of corrupt motive on his
part. Mr.. Merrick also advanced
the proposition that the filing Of a
paper in an Office of government,
with intent to deceive any govern
ment, was an official crime under
the law.
The court adjourned before Mer-
rick concluded.