Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-09-06
THE STAR ROUTE TRIAL.
MR. NGERSOLL CLOSES HIS ARGUMENT.
ATTORNEY GENERAL BREWSTER's ADDRESS.

ATTORNEY GENERAL BREWSTER,S ADDRESS
The Criminal Court room was crowded this
morning to its fullest capacity when the co ri
opened. When the usual preliminary business
had been transacted, Judge Wylie said: "Mr
Ingersoll believe the audience is ready~ and Mr.
Ingersoll proceeded with his address to the jury
He began by referring to the fact what he claimed
was in evidence, that stephen W. Dorsey had
made a statement in writing to Mr. James and the
Attorney General, respecting his connection with
the star route service The contents of the state
ment were not In evidence. This statemen,
was made before Rerdell's statement.
JUDGE wYLIR's SUGGESTION.
Judge Wyiie suggested that any argument upon
such point about a statement not in evidence
was improper.
Mr.. Ingerson said that it followed naturally that
if this statement would have sustained their case
the government would have presented it,
"FOr anything the court Knows" said Judge
Wylie, that might have been Confession
sit would have been here. That is the point
make"
Judge wylie said that the matter could not be
Mr.. Ingersoll said that he thought it was mat
ter for the jury to consider.
son the principle, I.SuppO6c," said Judge Wylle'
"Of an amount rendered AMI no objection made
A QUESTION FOR THE COURT.
Mr.. Ingersol having persisted that 1t was a
question for the jury, Judge Wylie said: ''It is a
question for the court whether counsel can argue
a case on q mere vacuum-wlnd"
"That,' said Mr.. IngerSoI 'swould simply be
stealing the foundation OF this case-vacuum.'
Mr.. IngersolI then argued that the corpus deltctt
should be proved, and that that concurrence OF ac-
tion must be established The department and
the man, he argued, had to act together from the
first step to the payment OF the last dollar. He
read authorities on this subject, well AS on the
question Of the corpus deci He remarked that
perhaps the corpus was here, but not the deficit.
He next referred TO
THE EVIDENCE OF WALSH,
which he said had been ground to powder Every
thing was true In proportion to its agreement
with human experience. Other things being
equal we are exactly alike. Every fact will tit
every other fact exactly like spar crystals, but a
lie won't ft anything else bat lie made for the
purpose. Finally, time comes when a lie has to
be joined to a truth, and there was a bad joining
Bankers and brokers do not usually lend money
without taking note.and the poorer he is the more
security ne wants. Bankers and brokers do not
usual take notes that Go not bear interest. They
do not usually take notes on. demand. 1t was
hardly probable that a banker, holding an unpaid
note OF s12,O00 would lend to the same party
s13,5O0 more, and when he had done that lend the
same man S., eco more without any note at all. 1t
was improbable that he would allow the s25, 900 in
notes to be stolen from him without resistance
1t was improbable that the banker and broker
would commence suits without mentioning the
facts o the notes. 1t was highly improbable
that Brady, after robo1ng man, would place him.
self in the power of the man he had robbed by con-
Tossing conspiracy to him. 1t was improbable that
rich man who got 20 per cent of all expeditions
would need to borrow from Walsh at ALL The
whole story was boiled down to this: A rich u an
borrows without necessity, AMI poor man lends
without security. These twin imprObabllitieS
would breed suspicion In credulity itself. No man
ever believed the story, and no man ever would
his clients, Uhe Dorseys) but only Brady, If it az
1ected any one at ALL
AS TO RERDELI-
All that he had said respecting Walsh applied to
Rerdell. 1t was admitted that it affected no one
but Rerde Was there enough to bind Rerdell?
an overt act was proved What overt act did Rerdel
confess himself guilty OF? One only, filing SUBJ
contract. He must confess himself guilty accord
ing 10 the scheme OF the Indictment The tndict-
ment charged that money was to be divided, and
unless that was SubStantiated the Indictment fell
Unless the jury believed beyond a reasonable
doubt that the scheme set out in the indictment
was scheme then they must find verdict Of mot
guilty"
EXTRAvAGANCE.
The next argument was extravaganza. How
could they claim that extravagant sums were paid
for carrying the mails, unless it was shown that
they could be carried for less? No witness had
been here to swear that he could carry it for less
1t would not be fair TO decide this case upon on
route, when his clients had 80 per cent on 1859
routes. 1t might be said that they subcontracted
some Of these 70 utes for much less than the con-
tract price. Yes; but what did they do en- the
others? They should remember that every one Of
these routes was established by Congress-. On
every one OF these routes expedition and increased
service were urged by congressman judges Of
courts, military officers, &c. He believed in the
mail, which was about the only blessing the peo-
pie got from the general government, except the
privilege or paying taxes
AS TO PRODUCTIvENEsS,
he asked how would the attorneys for the govern
ment In this case like to have their fees settled
hot kaCiS Waci ;1,1a
ernnent could not afford to carry the mails; that
1t could not carry letters TO the men who made
new territories and put new stars upon our flag
They had been told that 1t was very hard to get
eVluehce 10 prove a conspiracy, and they must be
economical enough to put up very little. This Of
nroysG was beee be same as as any other f. 1t had to
was any direct evidence 1t was
ALL CIRCUMsTANTIAI
The evidence must be such as to exclude every
reasonable hypothesis except that OF the guilt OF
thr defendant, in order to justify conviction. He
asked the jury to apply these propositions OF law
to the case OF Stephen "; and John W. Dorsey:
with crime 1t was heralded in the papers. Why
was 1t published in the papers? You publish any
the only man who will buy paper. Publish
something bad about him. and you will have to
run the press nights to furnish copies. These
papers We're large-Some OF them 200 columns.
just imagine the pains 1t would take, the money
Il would cost, to get facts enough to fill them.
Ioo.OMJ Noulu HoG permit ii. III Is SplenOlu
ceftcate 70 our race that rascality is considered
as news. Ii the men who originally poisoned the
press or the country feel that they have been re-
PAID by the agony suffered by innocent men, let
them so feel He did not envy them.
AN EFFORT HAD BEEN MADE
10 terrorize the jury by intimating that II they
rendered verdict Of not guilty they would be
suspected of being brIbed. He did not know
whether they would be suspected or not. They
were also told that the people, generally, had an
tic1pated the verdict. That also was an effort to
terrorize the jury. They were told in effect that
tney should violate their oath rather than d1Sap-
point the general expectation. He might say with
equal propriety that there was not man In this
courthouse expected verdict OF guilty, but that
had nothing to do with it. Mr.. Merrfck had said
again 10 terrorize them, that the majority of this
a verdict OF the people for and against those en-
gagged IN the trial. II the verdict OF the jury was
founded upon the evidence, it would be upheld by
every honest man who knew the evidence. Mr..
Merrck was brave enough to hope that the Jury
had not been bribed These articles in the paper
had Deen published In the hope that finally
SANDER might be justified by their verdict.
mad nothing to do with the supposed desire OF the
government or the people. They were supreme.
They had no RIGHT to take fpfn consideration the