Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-05-16
THE STAR ROUTE CASES.
A DRAMATIC SCENE IN COURT.
TRIAL POSTPONED TILL May 25TH.

s"H! FVStFoNCU I'LL MAI IoIn.
To-day was the day to which the trial OF the
star route cases under what is known as the Dor
sey indictments was postponed on the 4th instant,
when 1t was decided not to go ahead on occount OF
the absence OF John W. Dorsey, one OF the defend
ants. At 10 O'Clock, when Judge Wylie took his
seat not over twenty persons We're I'm the court
| room besides the jurors, nor were there among
them a single defendant or attorney in the star
route cases The room gradually filled UP and very
soon Mr. Brady appeared with MesSrS. j. Wilson,
Totten and JEFF Chandler.
Mr. Taggart, assistant United States attorney
stated to the court that he had no assignment for
to-day, as he understood the star route cases would
require the attendance OF the court
Judge Wylie thereupon discharged the Jurors till
tomorrow.
Defendants Turner and S. W. Dorsey, Counsel
iorS Ingersoll, Carpenter, Williams, and others
| interested In the cause, soon appeared.
| THE FAILURE TO FIND JOHN W. DORSEY REPoRTEp.
The chairs at the prosecution table were unoc-
cupied till 1920 am, when Mr.. Merrick arrived. A
few minutes later Mr.. Merrick arising, begged par
| don for being late He then asked Mr. Williams
| the deputy marshal, IL he had returned the writ
| Tor John w. Dorsey.
II have it ready here, Sir,- said Mr.. Williams.
nandlng paper To the clerk.
"Havc you found him - said Mr. Merrick,
81 have not" said Mr.. Williams
The court then read the return on the back OF
tne bench warrant certifying in due form that
after dlligent search the marshal was unable to
| find said John W. Dorsey in this District.
Nv nat Information have you in regard to IT."
81 have none Whatever replied Mr. Williams
"Did you make any inquiries for him?" asked
g.! have made inquiries diligently throughout the
"What is the result9" said Mr.. Merrick.
| the return.
1--WE have sent warrants. your honor" said Mr.
MeTr1ck, Ito Texas, Vermont and New York"
"ie may be In court" suggested Judge Wylie
"He may be-" replied Mr. Merrick. 81 don't
KNOW The presumption is, that the man is hardly
found"
A sENsATIoN-DoRsEY IN COURT.
The court directed the clerk to call j. W. Dor
sey's name, and the clerk proceeding to do so
when Mr.. Carpenter, arising called out: "Stop.'
This caused profound sensation.
MI. carpenter after pause, said: "If the court
please Mr.. Dorsey is in court. 1t was not the pur
pose or counsel at any time not to have him here
An effort was made to nave him in court, but he
did not receive the message. He is in court, and
has been In the city for ten days Mr.. Dorsey" {"
forward"
There was movement then in the aisle, and in
Few seconds a brown-bearded man moved forward
towards the counsel table, and Mr.. Carpenter pre-
sented him as John w. Dorsey. Mr.. Carpenter
SAID That bonds would be given during the day.
PLEA OF NOT GUILTY ENTERED.
The same motions to quash and In abatement
made and argued in the cases OF the other defen-
dants were then made and Overruled, and the de-
fendant having waived the reading OF the indict-
ment, plea OF "not guilty" was entered.
Mr.. MERRICKs ANNOUNCEMENT.
Mr.. Merrick then announced that the govern
ment was ready to proceed; the witnesses were
here, but there was condition OF things which he
deemed necessary to present to the court He re-
ferred to the quashing OF the indictment in Rer-
were now before the grand Jury. II they proceeded
to trial now they would have to go over the same
ground again He had no DOUBT that an indict-
hl in oil
this trial would last two or three weeks. He sub
mitted to the court whether they should proceed
or not
Mr. T0TTENs REJorNDER.
Mr.. Totten characterized this as most extraor-
binary statement. The accused had nothing to do
with RerdelL He thought the spectacle of the
court postponing proceedings to allow experiments
to be made with the grand jury would be most re-
as to experiments before the grand jury
- can't act upon rumors abroad" remarked
THE DEFENCE OBJECT TO THE GROUNDS URGED FOR
PosTPONEMRNT.
Mr.. Totten proceeding, urged again that there
was no ground on which this motion or request
was made. Would the court consolidate the in
dictments? He understood that Rerden had made
introduce here and that all this charge OF con-
Sp1racy rested on was something or other said by
Rerdell long after the alleged conspiracy occurred.
The defence objected to the grounds offered for
postponement, which were unprecedented. He
would like to know what evidence these gentle
men nad as 10 what the grand jury was going to
DO? Were they managing the grand jury?
Mr.. Merr1ck said the defence seemed to misap-
prehend the purport OF his remarks. He had made
no motion. Nobody was managing the grand jury.
SATURDAYS CONFERENCE.
discussion having arose as to the conference
between the grand jury and counsel Saturday, Mr..
Merrick said that there was no one there except
the prosecuting officer OF the District OF Columbia
81 deny that he is such," said Mr. Totten, refer
ring, evidently, to Mr.. Bliss.
After some further talk Mr. Wilson asked Mr..
Merrck, with some asperity: "Do you want to try
this Indictment"
.sYes, sir" said Mr. Merrick.
"Then let us go on and try it" said Mr.. Wilson.
Mr.. Merrfck remarked that Mr. Wilson said he
was ready the other day: When they proposed to
papers. The government was ready and wanted
to try this case at this term OF the court He sub
less that it could spend four weeks trying this in
dictment and then spending another four weeks
going over the same ground. His colleague (Mr:
BnSs) was not present, but was before the grand
jury In his capacity OF assistant district attorney
for the District OF Columbia.
Mr.. Wilson made an argument opposing the rea-
talking, Attorney General Brewster came In, and
took a seat by Mr.. Merrick.
PosTPONEMENT TILL THURSDAY, 18th INST.
Judge Wylie said in civil cause when a day
was assigned for trial, and the plaintiff was not
ready without good reason, the defendant could
force him to a non-suit; but In criminal case 1t
was different, as there was no such thing as a
nOn-suit in such cause. The privilege was not
allowed the defendant to come into court and
when the government was not ready Insist upon q
trial II the court saw the interests OF the
public and justice required a postponement
such pOstponement should be granted. 1t seemed
to the court that pOstponement in this case for
brief time was not likely to result In any serious
injury to the defendant The government might
reasonably ask a postponement on the ground
that one OF the defendants, John w. Dorsey, had
not appeared In the court until this morning But
other grounds were submitted to the court. He
could readily see that IL this Indictment pending
before the grand jury was presented, the question
would arise as to whether the indictments could
be consolidated. Two trials might be necessary
anyhow. The defence might be right upon that
point The court had not looked into the
matter. Certainly, II consolidation could be
ordered, he could see that It would be great saw
ing OF time and expense. He could not anticipate
what his opinion would be on that point He
thought no harm would be done by short post
ponement Let them see what the grand fury was
going to do. he then postponed the trial till
Thursday, the 25th inst