Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-08-08
THE STAR ROUTE TRIAL.
REPRESENTATIVE BLACKBURN ON THE STAND
TESTIMONY ON BOTH SIDES ALL IN
EX-SENATOR SPENCER'S UNHEARD TESTIMONY

EX-SENATOR SPENCER'S UNHEARD TESTIMONY
When the Criminal Court met this morning. the
government continued its testimony I'm rebuttal,
the first witness called to the stand being Hon. J.
| c. S. Blackburn, representative in Congress from
Kentucky.
| TESTIMONY OF REPRESENTATIVE BLACKBURN.
| Mr.. Blackburn testified that he was chairman
of committee appointed in January, 1880, to in
vestigate the facts connected with the star route
deficiency. Witness offered the resolution, and
1T was adopted on the 9Th of January. The
full committee met on the following day and ap-
pointed a subcommittee to conduct the nyeStiga-
| ton. The first work of the subcommittee was to
subpoena Mr.. Brady. That was four days after
the resolution passed Itwas during his exam-
| nation that Walsh's Prescott route came UP for
consideration. This was about the last OF JAN
| uary.
Mr.. Wilson asked the witness If the deficiency
| appropriation was not passed by Congress.
mo, sir, said the witness, "not as demanded.
The deficiency. as reported to me was s., 900,
ana Congress did not pass that amount, but re-
duced 1t by several hundred thousand dollars-by
half a million dollars" The witness then ex-
planned the situation as then presented to Con-
gress Congress, he said. had appropriated $, ,9OO
coo for the star route service Before the year, the
witness, having charge OF the post Office approprl-
| alton was confronted with deficiency.
care not these deficiencies usual7' asked Mr.
Totten.
|
"but before the war there were very few, sir. AS
rule there are deficiencies"
In answer to Mr.. Merrlck the witness said that It
was not usual to have deficiencies when the full
amount OF the estimates were allowed In this
case every dollar OF the estimates was given.
THE STAR ROUTE LETTING OF 1878.
| James Reeve, clerk in the Third Assistant
Postmaster Generals office, was called and test-
| fed that he had made a table OF the bids and
acceptances Of Dorsey, Miner and Peck, OF the
Objected Mr. Bliss St stated that the table covered @
the same ground as one put in by the defense, and
went to show that If this was correct theirs
| incorrect AfteSr ONE argument, the table was adj
| lnitted. The table showed that the whole number
OF bids not accepted were $50; accepted, 126.
APPLICATION TO POSTPONE TO GET THE TESTIMONY OF
| EX-SENATOR SPENCER.
When Mr.. Reeve left the stand, at quarter to
eleven Mr.. Bliss called attention to paper which
the court had inspected. and which had also been
| Inspected by counsel for defense. He remarked
that 1t was only owing to the peculiar circum-
| stances OF the case that such an application Was
made.
JUDGE wYLIE's DECISION AGAINST THE APPLICATION
| 81 may as well state,' said Judge Wyle, "that
the application is to postpone the further trial Of
might hope to obtain the attendance OF the wit
ness named there Mr. Spencer. Spencer, 1t seems
was duly served with a subpoena, and in
attendance here, and then left for his home In
Nevada The facts, as set out in the aff1davit you
expect 20 prove by him, seem to be very material
| and important to the case, but | cannot consent
to the postponement OF the trial II it was true it
| would have been proper measure to put this wit
ness under bonds to attend He was once Sena-
tor OF the United States from the state OF Alabama
ana 1t Is not usual to put witnesses of that grade
under bonds to attend a trial Still 1T was your
right to have it done. Even IL you had taken that
SsdR' however, he might have chosen to forfeit his
I'VE had not the slightest idea" said Mr.. Mer-
| rick. "that he would not attend. We certainly
| would have put him under bonds"
+" The government is expected" continued Judge
Wylle, when 1T calls case for trial to have all
Its proofs ready, and to keep them ready until the
end. 1t IS true this witness went away without
consent, but you had power to keep him here,
even If you had put him In Jail"
| THE GOVERNMENT TESTIMONY ALL IN.
swell, Sir" said Mr.. Bliss, "if this application
is denied, the governments rebutting testimony
| is closed
Mr. JOYCE, OF THE NATIONAL HOTEL, ON THE STAND.
JAS. F. Joyce, clerk at the National hotel, testi-
| fed that he had known H. NJ. Vale for or 10
years Mr. Vale was in the habit of stopping at
! the National The witness, after consulting the
"blotter" or ledger OF the hotel said Mr. Vale left
| return until the 9th OF July.
There was considerable argument among coun-
sci While Mr.. Joyce was on the stand. The witness
was restricted to reading the simple record In the
| boOk, which was not In his handwriting.
| ALL THE TESTIMONY
At 11:10, when Mr.. Joyce left the stand, the
court asked: "Now the testimony is closed on
both sides?"
| The counsel answered ahirmatively
Mr. lngersoll, speaking OF the motion and affida-
Wit concerning the witness Spencer, said he de-
sired to file counter motion or a11idavit. He
MI Bliss having prepared his application re-
garding Spencer In the form OF motion, filed it,
! and 1t was entered as Overruled.
| counter affidavit.
mere motion for continuance was made to receive
| counter motions.
| AS TO THE CLOSING ADDRESSES.
| Judge Wylie having made inquiry as to the
| oil od1 Mr.
ment had formulated some statements of the law
| for consideration Of the court.
Judge Wylle said that during the progress of
the case the court had passed on nearly every
question of law involved In the case II the coun-
sci desired to have these rulings reviewed. and to
| have the jury instructed as to the law, it would
| DC well perhaps to present prayers.
Mr. Carpenter suggested that as this was an
important case, 1t would be better to hear the
charge the jury. II there any points of
law which the counsel then thought necessary to
consider they would ask the court to further in
judge Wylle thought it would be well to proceed
with the arguments.
Mr. Wilson agreed with Mr.. Merrck, that points
OF law involved should be settled first He said the
defense had formulated prayers which were ready
| to be submitted to the court.
AS TO THE INSTRUCTION OF THE JURY.
After some discussion as to the two modes OF
practice respecting the instruction OF juries Judge
Wyle referred to. the practice OF the late Chief
Justice Taney who would take all the prayers for
MS own convenience ana refuSe all or them, In
Structtng the jury upon the case at large. 1t was
the privilege or the court to instruct the jury in
Its own language. especially in case like this,
where the questions OF fact were difficult and the
questions OF law few and simple. He thought the
court would wait until the arguments were fin-
ished and then instruct the jury, reserving such
suggestions as to points OF law as the counsel de-
sired to submit.
Mr.. Merrick proposed that the prayers should.
at any rate, be read but the defense objected
Mr.. Wilson said he would insist upon the right
at some time of presenting his prayers.
The court said he could have that right.
Judge Wylie, speaking Of the addresses to the
jury said he was not disposed to limit either the
time or number
MI. Carpenter said that was generous offer,
and the counsel would not abuse 1t.
Mr.. TOTEM OBJECTS TO AN ADDRESS By THE At
TORNEY GENERAL
The court having remarked that the rule would
extend also to the government, and that the
| Attorney General would, as he understood, take
part making one of the closing addresses,
Mr.. TOtten said he would object to the Attorney
General having any OppOrtuntty to address the