Savannah morning news. [volume] (Savannah) 1868-1887, 1882-12-12
THE STAR ROUTE GANG.
FAILURE OF THE LAST EFFORT
FOR DORSEY.

Argument of COunsel-His Blindness No
Excuse-The Court Unmoved-The Sc
lection of the Jury Begun-Judge
! Wylie's Reply to Ingersoll.
/ W WAsHINGTON, Dec. lin the star route
case to-day, Mr.. Merrick, representing
! the government, said that there was some
difference of opinion as TO the necessity
OF the personal attendance of the de-
fendant in case of misdemeanor. For
himself he was satisfied that personal
presence was not necessary; nevertheless,
he submitted a motion that Stephen W
Dorsey be compelled to appear personally
In court for the trial of this
case. The motion was backed by an
| afhdayit sworn to by Mr.. Bliss,
reclting the composition on the Ist of
December and the delivery to the agents
OF the Associated Press by Dorsey of
card or statement addressed to the public;
also stating that on the 5th of December a
correspondent of the New York World had
an interview with Dorsey, who then COM
posed and gave to the correspondent
another statement published in the World
on the 9TH, long extracts from both of
which documents were read by Mr.. Mer-
rick, and declaring his belief that Dorsey.
although undoubtedly troubled with an
a1ectlOn OF the eyes, is able to attend the
trial as frequently and constantly as he
had attended the former trial.
= MIR. Merrick also read an affidavit of
w lillian Kerr, stating on information and
belief that Dorsey had another interview
with the correspondent of the World on
the Sth and 9th of December, and then
composed or caused to be composed and
written another declaration or statement
published on the 18th, and read in full.
Without argument or comment he sub
mltted the motion, merely repeating that
he did not himself think DOrsey's personal
appearance necessary.
Mr.. lngersOll opposed the motion, He
had no doubt that Dorsey's personal at
tendance was necessary to a tair
trial, The defendant was entitled 20
be confronted with his witnesses. and if
he were in such a state of bodily health as
not to be able to be present he could not
be confronted with his Witnesses" The
afidavits filed by Dorsey ana his witnesses
were to the effect that it was absolutely
impossible for him to be present in
court without risk of perpetual blindness.
His physicians also testified that if the
trial should go on in his absence the men,
tai agitation caused by it might be as
deleterious as a forced attendance. The
motion, he said, had been made in
order to let down quietly the decision
of the court the other day that the trial
should go on in the absence of DOrsey--a
decision which had "hOrritiedr the people
at finding that such was law. He argued
that there was nothing in the t'OrId pub
licatiOn OF yesterday indicating that it
had been made up from a personal
interview. He asked, first, that
the court summon DOrsey's physicians,
or any other physicians i'll whom the
court had confidence, and examine them
as to the real condition of DOrsey's health.
He did not believe that the public would
justify, or even that the press would JUS
tify, the trial of the case in Dorsey's alb
sence. Certainly no dispassiOnate person
would justify it. No case was ever i'm
pOrtant enough to be forced to
trial under such circumstances.
If he were Judge he would say, 1.-The
country can wait people can pause;
will give this man an opportunity to re-
cover his vision; / will give this man a
few weeks rest" He believed that that
was law. If the court proceeded to trial
in the absence Of Dorsey, and if Dorsey
were convicted, the verdict would not be
worth the paper on which it was written.
1t would never stand.
Mr.. Merrick said he would be prepared
to meet that question when ii arose,
Judge WYlie reviewed the circum-
stances and sustained the position al
ready assumed by him. The defense, he
said, might be just as we'll main-
tanned in the absence of defendant
as in his presence, except
as to the point of his Offering to testify.
The court would be prepared to meet that
point with proper rule, but that paint
had not yet been reached. The affection
OF Dorsey2s eyes did not prevent his being
physically and mentally. competent to
testify. The great author of "Paradise |
Lost" had written that immortal work |
without CLEAN of eyesight. and the pres. |
ent Postmaster General of England was |
a blind man. az
Mr. IHgersoll then moved tor severance
on the part of Stephen w. Dorsey. and for |
continuance of the case as to him.
The motion was Overruled. Judge Wv |
lie then directed that the jury be called. |
and twelve jurors having answered. to |!
their names, be pr0ceeQed to render his |
decision dp the Question of peremntory |
challenges, promising it by the statAr-1,ant /
tlat he would not lose time in eve
planning the conflict between his former
ueclslGn ON this point and that which he |
now proposed to make. He tIien stated !
that no statute of that District covered il.
several defendants were tried on one in |
dietment but the United States statutes
ulu cover the case, and reading the latter |
statute IN connection with the District |
statutes he decided that the defendants |
lenges.
In the former trial each defendant was |
allowed four challenges.
The first juror was then called. He had /
formed an opinion, and the discussion as |
10 ms eligibility occupied the remainder |
of the day