Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-09-05

concerning which Mr. Tngersou Claimed similar
had no right to complain If the jury threw out evI,
| dence which the government itself made Ii impoS-
sible for them to consider. The next route taken
| up was No IS, 140. He showed on this what he
| claimed to be the difference between rumor and
| facts-the press Mr.. Ingersoll took up route 3S,-
lib. While commenting on this route he said that
| he would have as much confidence In the opinion
| OF Gen. sherman as in that OF lawyer paid for
his opinion; G Gen; sherman he said would De
| The next route was 3S,152 in which Mr.. Ingersoll
claimed, also, no case had been established; that
the act of the Postmaster General, In allowing
| months extra pay. was required by law. On route
| 35,015 he claimed also, fatal misdescrptions.
Mr.. IngerSoll said he was going TO argue this
case according to
THE STRICT LETTER OF THE INDICTMENT
| He intended to hold the prosecution to the law.
That was what the law was for. The prosecution
could not come into court and throw seven or
eight cords of paper at man and say "You are
guilty" That was the way the government had
managed this case. He took up next routes 35 O51
and 40,104, which he claimed showed the same
variances between charges and proofs. II they
could not write what the offense the jury GER
ta1nly ought not to find the defendants guilty.
The jury should hold the prosecution to their case
rs they had written it, not they wished ii was
now. On route 3S 150 after treating the testimony
as in other cases, Mr. Ingerson said these defend
this case, the money all went to j. L. Sanderson
| the sub-contractor. Mr.. Ingersoll went through
nearly the whole catalogue or routes, claiming
that In each case there was fatal variance be-
tween the descriptions OF the various acts and the
proof. He maintained that where the Indictment
alleged petitions were false the proof or admiS-
slonS by the government showed them to be gen.
u1ne These orders, he Said were made in con-
asked il he had not right to infer from the docu-
ments In evidence, reports to Congress, &C., what
the policy Of the department was.
JUDGE wYLIE THE QUESTION OF THE POLICY OF
THE P. o. DEPARTMENT.
~ have no doubt in the world" said Judge
Wylie, ''as to the views of the Post Office depart
ment in regard to this service. The court refused
to hear evidence the subject the defense for
the simple reason that the court held that no
Second Assistant Postmaster General had right
to establish policy for this government The
policy OF the government was shown in its laws.
The court was unwilling to have Second Assist
ant Postmaster General set up his policy as de-
tense against charge OF this sort"
Mr.. IngerSon held that it was the policy of the
department., OF the Postmaster General, that he
referred to.
the payments were overt acts. He argued that
there were variances in the proof and the indict-
ment as TO the amount of alleged false claims pre-
sented by defendants While commenting on the
claims, he said that the only thing found against
Turner was, that In one case he had made a mis-
take. an honest mistake. 1t was so easy OF detec-
ton that it bore testimony to it's own honesty.
When 1T was discovered the contractor paid the
money back. For that mistake Turner had been
pursued and bounded. There was no evidence to
touch him; there was only one way to dispose OF
him, and that was to dismiss him with an insult
Every time the trips were increased Mr.. 1ngersoH
said the pay was increased prOportionally. If the
government wanted the mail carried faster, then
the extra number OF men and horses required.
When Mr.. IngersOll had considered the payments
on all The routes he said that there were some
GENERAL ALLEGATIONS.
1t was charged that john W. Dorsey received
s124,591, whereas the evidence showed that the
entire amount paid on the Dorsey accounts was
s92,S4O, and when the route that was turned over
to Vale was taken out 1t left but S5S ga 30. AS
matter OF fact the testimony showed that John W.
Dorsey received but three warrants, two Of which
were Tecouped, leaving him but 1892. That he
would insist was variance. Miner, the indict-
ment claimed, received S93,067, but there was no
testimony that he received a cent. That he would
claim also was variance. Every other link In the
chain he claimed were mistakes or faISehoodS. The
dates in the indictment were false. because the
government had TO deceive the grand Jury It
would not do to tell the grand jury that af1davits,
petitions, &C., were filed before the date OF the
conspiracy The false dates were intended to de-
ceVe the court, because the court would have told
them that they could not prove a conspiracy in
May by proving acts in April. The government
but they could keep it in court long enough to
vent their malignant spleen on honest men and
Justify In appearance the proceedings which they
had taken.
recess was here taken.
AFTER RECESS
Mr.. 1ngersoll said that in the forenoon ne had |
tried to strip the green leaves off the indictments
he now proposed to attack the principal limb |
1t was the great bulwark of human liberty that
the charge against defendant must be fully de- |
Scrfbed. There was not the slightest evidence |
that a fraudulent communication was ever sent |
to the department. There was not the slightest |
evidence that names were even forged to any
petition, except in one case, and 1t was shown in
that case that the petition was not to act upon |
Another means was that Turner was charged with
having made false Inducements. This indict- |
ment, so far as Turner was concerned, had been |
changed into certificate OF good character.
STAR ROUTE NOTES.
The Attorne7 General, Mr. Merrick and Mr.. Ker
were all in attendance this morning.