Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-07-27
THE STAR ROUTE CASES.

THE STAR ROUTE CASES.
A Motion to Cite Newspaper Writers
for Contempt of COurt-Mr. Walsh on
the Stand Again-Rrady's Account
with Hatch and FOOtc.
The star route trial was resumed in the Crimi-
nal Court this morning by Mr.. Merrick calling the
attention OF the court to the difficulty they expe-
rlenced In calling witnesses. He said that they
find 1T necessary in order to procure witnesses to
protect them from abuse. He therefore moved
for rule for the appearance OF A. c. Buell., the
editor of the Capital, for contempt of court He
citei an article that appeared in that journal OF
July 23d, In which he charged Walsh with perjury
and falsehood and used other abusive language
respecting him; also rule for Buell. Helm, Hack,
Ringwalt and E. w. Brady, the trustees Of the
Critic, and Mr.. Harris, one OF the editors to show
cause why they should not be punished for con-
tempt OF court In their abuse OF Mr.. Walsh, ex-
Attorney General Macveagh and ex-Postmaster
General James. Mr.. Merrick said that the govern
ment found 1t very difficult to procure witnesses
when they were liable to such a torrent OF abuse
and invective in the public press He asked per-
mission to file the motion. and would call it up
again at some time at the convenience OF the
court
The Court-'I have never read the articles re-
ferred tor
Mr. Merrick-"They are filed with the motion"
a
causeAintil heard arguments"
Mr.. TOTEM PROPOSES AN 'oFF-sET."
Mr. TOtten said that when the motion came up
for argument the defence would submit extracts
from the New York papers, one OF which recently
abused the court in most shameful way. II the
other side can show any thing worse than the
abuse that has been poured upon Gen. Brady and
Senator Dorsey
The Court-'The one is as wrong as the other
Crime cannot be justified by setting another
against it."
have made themselves liable"
The Court said that as to attacks on the court,
he did not see them. sometimes" he continued,
"anonymous extracts are sent to me- but always
throw them in the waste basket"
interviews to show YOU"
Mr.. IngerSOll-"I thought that the government
papers were ahead so far"
The Court-"That is not seton, however. 1t
is diflcult to have fair trial In this country on
account OF the newspaper writer's"
Mr. Ingersoll (sarcasttcally) we enjoy
the benefit OF a free press, at any rate"
JUDGE wYLIE ON 'HIRED sCRIBBLERs."
The court said that he hoped the jury would not
be Influenced by the newspapers. They were with
out weight. The public scorn them. If the writers
think that they are making public sentiment they
are mistaken. The public has become tndepcni-
ent OF the press. He thought that all these arti-
cles have the effect of producing the contrary effect
from what they are intended That would be the
result with any attempt to intimdate the court
He treated every thing OF this sort with contempt
the court II any one connected with the defence
thinks he is going to win his In this way, he is
wasting his time and money. These hired scrib-
blerS are without influence.
Mr.. McSweeny-That is true as to both sides, is
it not?'
The Court-'I suppose So"
Me- Merrick-"The government has no news
papers"
government was justified in attempting to protect
their witnesses. He thought the law OF 1881 was
in the way-a law framed for the protection OK
Mr. Ingersol said that he would admit that all
these newspaper articles were wrong. He did not
want any cne abused. Let the newspapers tend
to their own business.
Mr. WALSH ON THE STAND AGAIN.
Mr. Walsh was then called to the stand to
rect some parts OF his testimony. He said that he
had found by reference to papers in the possession
OF Mr.. Hine that 1t was 81 800 and not s12 600 for
which he furnished memoranda 1t was a mis-
take OF his and he wished to correct 1t.
Mr. Wilson attempted to cross-examine the wit
ness. and asked why he had not corrected the
error before subsequent alluSlon brought out
reference to Mr. TOtten, who was once Mr..
Walsh's lawyer, and this involved discussion as
court to Stop the DEBATE, and walsh stepped down
from the stand.
BRADY's FINANCIAL TRANSACTIONS WITH WALSH
The government then called to the stand Henry
Reighley, o; New York, booHkeeper for Hatch
FOote. He testified to these facts and produced
the cash book OF 1880 Mr.. Bliss asked him to look
to the amount OF Mr.. Brady for April l2th, $780,
objection was made to this testimony by the
defence, for the reason that they did not under
stand its object.
Mr.. Bliss explained that Walsh had testified that
Brady had asked him to deposit $4,000 to his
Brady check for that amount on April 18th. 1t
deposited to his credit with WinslOw, Lanier &
Co., $4,000, and besides 3,500
OBJECTIONS BY THE OFFENCE.
Mr. Totten objected to the admission OF this tes-
timony, the ground that it referred to the pri-
vate affairs of two men. The defence had not i'm
peached Mr.. Walsh, yet the prosecution was try
Ing to bolster up his evidence. 1t was merely
collateral matter
Mr. Ingerson also maintained that the evidence
was only admissible after the veracity OF the Wit
ness had been 1mpeached. He thought that the
effort of the prosecution to corrOborate this tes-
timony was an evidence that in their minds they
doubted its truth.
Mr.. Merrick agreed that it was a purely collat-
eral matter, but the evidence OF the witness had
been attacked by insnuation and Mr.. Wilson had
said in open court that Brady never owed Walsh
cent
JUDGE wYLIE's VIEWS
The court said that in the cross-examination OF
Walsh the defence showed that they wished to
discredit the entire testimony. He regarded this
evidence just offered not in corroboration OF
Walsh, but as cumulative evidence offered by the
government as to the existence of the notes.
Walsh testified that at Hatch & Foote'S he paid
to show that on that day q corresponding amount
was deposited by Brady to his own credit.
MT 1nSeFSOu malnCalneQ tn3C IL was NOS the
question whether Brady borrowed money from
Walsh, but the question Is, did Brady tell Walsh
that 1T was his custom to receive a certain per-
ccntage of the expeditions. The question whether
Brady took the note was not important unless it
was denied. If the alleged admission of Brady
that he took percentage OF the expedition had
not been admitted, all the evidence of Walsh must
be stricken out. because all the rest was merely
collateral to this admission.
THE TESTIMONY ADMITTEDA
The court said that 1t was all linked together
and part Of the confession II there was no note
the story would be a fabrication. The existence
OF the note, the fact that this man was creditor
OF Brady, and has not been paid to this day, are
facts that are necessary to the belief in the state
ment He therefore would receive the testimony.
Mr. Wilson objected to it as being wholly 1rrel-
evant to the issues OF the case.
The examination OF the New York bookkeeper
was continued, and Mr.. Bliss asked him to turn to
the entry Of April 18th.
Mr. Wilson asked him IL he made this entry
The witness said that he did not, but his assist
ant did, and that he had not seen Mr. Brady paid
the amount
The court thought the person making the entry
should be called.
MI Mr. Bliss said that he had issued subpoena for
Hatch and Foote, and this was the result.
Ihe witness was then excused, but not dis
missed.
NOTES OF DORSEY, MINER AND VALE