The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1882-09-22
THE STAR.ROUTE TRIAL.

THE STAR-ROUTE TRIAL.
Judge Wylie's Charge TO the Jury.
wAsHISoroN, September
In the Criminal Court this morning Judge
Wylie, after explanatory remarks to the jury,
began his charge. He said that by the act OF
March 3, 1873, Congress appropriated $5,900,0o0
for the maintenance of the Star-rou.e service.
That appropriation was for the fiscal year of
1880. The appropriation was all asked by the
Department. The records of the Treasury and
Post-ofice Departments showed that for the
three previous years there was an unexpend-
ed balance OF nearly 8, 00000) to the cred Of
the Post-office Department. There was in ev-
idence q statement showing that the Post
master-General, on December 8. 1873. had asked
for the appropriate ON Of $2,O00.000 to meet the
deficiencies in the appropriation for the
Starcroute service. This was statement
calculated to arrest the attention of
Congress. for it showed that in fv, months
after the beginning Of the fiscal year there was
deficiency of $2.0oOOO0. This was a fact to
alarm he country. An Investigation followed,
and an additional appropriation was made,
with provisions limiting the expedt on and In
crease Of service uron routes. That was as
.
The other circumstances were fit subjects for
judicial investigation. This investigation fol-
lowed, and an indictment was found against
these alleged conspirators. This Indictment
might be said to have five features: First,
historical; second, describing the conspiracy;
third, the means; fourth. overt acts; and, fi.th,
the partition of the money. The historic Il part
was well known. As to the means used to
carry on the conspiracy, the jury need not
trouble themselves about that. Whether or
not they were sufficiently described in the in
dictment was not for them to consid r. The
division of money depended upon the ques-
ton Of the OK stence of conspiracy, and that
was really the only consideration for the jury
whether there was conspiracy, followed by
the comm ssion of overt acts. False papers
and petitions were the means used. 1t never
had been held that the Government was re-
quired to accurately describe the means.
Whether the parties were mutually interested
in the several contracts was of NJ ccnse-
quence. Their interest in the conspiracy must
be considered The plrties were, according
to the ind ctm"nt, ind vidual owners OF con-
tracts, and mutually interested only In the
conspiracy. Any overt act under any one of
the contracts was an overt act under all Of
them.
Referring to the defendants prayers, Judge
Wylie said that the c,nspirators were jointly
united for the same purpose, and several for
others. Each man stood on his own defer &c.
The jury could not convict one man of con-
spiracy, but they could convict two Of the de-
PENDANTS. If there had been only one overt
act commits ed, and the jury acquitted the
party committing it, then the defendants must
all be acquitted. Brady hal been called the
key, the masterkey, to the whole conspiracy,
and If no overt acts were shown to be commit
ted by any other defendant then they must all
be acdu tied. The position taken by the de-
Tense that all thu defendants must be shown to
have been interested In all the contracts was
false. If it had been shown that they were
Grim nally interested in only one, that was suf-
ficient, and the conspiracy was established.
Surp usage I'm the indictment would not vit;ate
1t. This Indictment ch Urged but one offense.
one conspiracy. 1t could not comprise two
cunsp racies. Part of defendants might be
VIII lily acquitted and part convicted. but If the
fury found two cOnsp racies-three of the
parties guilty of one and the remaining four
guilty of another-then the Indictment failed.
So much for tee frame of the indictment.
Now as to the proof. A conspiracy is seldom
reduced to writing; it is generally entered
into in a very informal way. The parties
might reside in different parts of the country,
but If by any means, even by dumb show. they
entered into an agreement to defraud the Gov
eminent, followed by an overt act, that was
conspiracy. The law required q verdict of
guilty only when the jury entertained no rea-
sonable doubt of the guilt of the defe ,dants.
The doubt, to be reasonable, must be based
upon evidence, not upon mere conjecture. He
would now AXE up one Of the routes and see
4 I,, n<a1
theory of innocence. If it could. the defend
ants were entitled to the benefit of that theory.
He would select small route-the route from
verm II on to oux Falls. D. T. The da of
the contract was March Is, 1878, to run four
years; John W. Dorsey, the contractor; the
trips were once a week; the di lance fifty
miles to which two miles had been added:
the time was fourteen hours: there were
nine post-offices. but no towns, on the route.
Soon after the service was put on 1t was dis
covered that the &C ual distance was about
seventy les, and that information had been
and repeatedly furnished to the &c
ond Assistant POstmaster-General. On De-
cember g 1873, the number of tr ps were
doubled. On May 8, 1879, the route was prac-
tically assigned by sub-contract to Vale. On
July 10, 1872 the number of trips was in
creased to six, and the time reduced to ten
hours, increasing the compensation to SCI 3.
an hour for delays at post-offices.
the carrier was required to travel the seventy
miles in nine ht urs. Petit ons and letters had
been sent in. and it did not absolutely follow
that tais expedition was ira dulent- If the
jury could rec ncile it with any theory of in
nocence they must do it. A Congre ssman of
influence, Mr.. Bennett, hal asked for it,
and that must be considered. Soon aft r
every postmas err on the route unit-d in
q protest to the department saying the
time was impractIcable. and asked to have the
0 d fourteen hour schedule restored, and Ben.
nett indorse III protest, and was 8 mt to
Bra " Just at this point this member Of
Congress seemed to have lost his influence
for he was inform d It could not be done.
After read .ng the law rel tive TO productive
ness Ju1g. Wylie inquir whit the pro-
duetivn IS had been in this instance. Read