Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-08-16
THE STAR ROUTE TRIAL.
Mr.. Carpenter Closes and is FOllowcd d
by Mr. Chandler.

When the Criminal Court met this morning Mr.
Carpenter continued his address to the Jury in
behalf OF the defense in the star route trial. He
took up first the route from Canyon City to Camp
McDarmott, reviewing the proceedings on that
route, as shown by the testimony. He then took In
order the Toquerville and Adairville, Saguache to
Lake City, and Julian to Cotton routes While
discussing the latter route Mr.. Carpenter averre
that the expedition complained OF in that route
had been approved by the administration that sue
ceeied Mr.. Brady's, by continuing the expedition
down to the end OF the contract term.
Mr.. KER OBJECTED
to this statement, as being outside OF the eyi-
dence.
Mr.. Carpenter said he was discussing facts.
Judge Wylie said he could not discuss facts not
in evidence.
Mr.. Carpenter said that there were no facts in
evidence to show that the administration subse-
Quent to Mr.. Brady'S was an honest one, though
it had been SO declared by counsel for the govern
ment
Judge wylte remarked that he could not permit
A COMPARISON BETWEEN THE SEVERAL ADMINS
TRATIONs
Mr.. Merrick observed that If the Judgment of
the succeeding administration was considered
competent to determine the propriety of these ey-
petitions he proposed to show that that adm inis-
tration had cut the routes to pieces. II the issue
was made he would accept it.
Mr.. Wilson called attention to warrants in evi-
dence showing payments down to the end Of the
contract term.
JUDGE wYLIE SAID
that the matter was not pertinent to the case and
counsel ought not to comment upon it. Whatever
the succeeding administration did ought not to
have the slightest influence On the question they
were trying. Commenting upon the production OF
precious metals by the west, he said he thought
the west paid its way. The theory OF the prosecu-
tfon was based upon the CONCESSIONS So-called OF
two OF the defendants, which the court held could
o to OF f
Its own tracks. According to the teSti-
mony Of Walsh. Brady's rate was thirty
the rate was thirty per cent 1t was not denied
that Rerdell went to Messrs James and Mac cVeagh
and made substantially the statements to which
they testified, but then twas not true. In the
first place Rerdell himself had sworn it was not
true.
"where is the evidence to that?" asked Mr.
"There is no such evidence in this case," said
Judge Wylie.
Mr. Carpenter said he thought Mr.. James or Mr.
MacVeagh had testified to that
Mr.. Totten said there was evidence that he had
made a different statement
Mr.. Merrck said that Mr.. MacVeagh, in cross
examination, said that he had heard that Rerdell
had made retractiOn. That was
MERELY HEARsAY TESTIMONY.
Mr.. Carpenter said that he would show them
that Rerdells statement was untrue by the record.
He then proceeded to argue the improbability OF
such an arrangement as Rerdell's statement de-
Scribed.
He argued that the evidence was overwhelm-
ingly TN favor OF the defense, and showing that
the statement in the indictment that this service
was unnecessary, was a falsehood. He denied
with some Indignation the sta atement OF Mr.. Ker,
that ex-senator Dorsey had deserted his brother
in respect of counsel Referring to Mr.. Ker's
statement that the slanderous tongue had gone
out with words spoken that were to throw doubt
upon
THE INTEGRITY OF THE JURY,
Mr. Carpenter said that If that meant anything 1T
meant that in some way or Dther the defendants
had approached portion OF the Jury
Mr. carpenter said he proposed to meet all ques-
tiors that were presented to him. His CLIENT Sen
ator Dorsey, had faced death in thousand forms
on the battlefield, yet he had not the coura ce to
OF that sort. II that slandaous tongue had gone
out. it certainly did not 60 out from the defense
1t seemed to him that the jury were asked to bathe
their characters In perjury wipe out the stain the
prosecution had cast upon them. That was what
they call justice. "You know and know" said
approach you. 1t is q vie caMInny upon you. Not
content with aspersing the jury, they went so far
even as to attempt to drag the marshal ofthe Dis
MIR. AERRICK HERE INTERRUPTED,
saying that there was no testimony in the case re-
lating to this matter.
Mr. Carpenter said the court itself had alluded
to it.
Judge Wylie said that he had called the atten-
tfon OF the jury TO the II stter.
MI Merrick said that was matter between the
court and the jury and not for the counsel to COM
inent upon. II the counsel were permitted to so
"Do you mean to say that you will prove that
the marshal had acted irregulary?' asked Mr..
Carpenter.
81 mean to say" sad Mr. Merrlck "that If you
make the issue as to Who circulated the Teports,we
are ready for it,
Mr. Carpenter proceeding, argued that there was
no conspiracy. He quoted Mr.. Merrick as having
said that this trial cost .o0o00o, but Mr. Merrick
denied this, declaring that he said these
FRAUDS HAD COST THE GOVERNMENT A MILLION
DOILiRS.
Mr. Carpenter went through the routes to show
TO whom payments were made, and argued that
the government itself mad dispfoved that the de-
PENDANTS had common interest in these routes
Mr. carpenter commented at length upon the
great benefits conferred by the fostering care OF
the government In all bhnches OF in1ustry and
enterprise.
IN CLOSING. Mr. CARPENTER SAID
that when he remembered, as part OF political
history, that the changeslere made were bruited
by political party in ! heated campaign two
years before they were bought to trial and that
an attempt was made to connect our late President
with these transactions. be was reminded Of the
evaneScent character OF al earthly things. and en-
joined the jury that they should so act that
when in the last hour the tablets OF memory were
popular clamor, and unshihlpn by prejudice they
had discharged their duty ahd rendered, I'm accord
ance with the testimony, verdict OF not guilty.
Mr.. Chambers Address.
Mr.. Carpenter closed his address at 12 O'Clock
and was followed by Mr Chandler, who said he
proposed to discuss concEely some OF the features
OF this case. He raferredto the indictment, which,
he sald had been lost sight of in the case. The
Indictment charged these defendants with con-
spiracy to defraud the United States government.
II there was fraud. theR must have been decep.
tlOn. There was maxim OF law that
GOOD TRADE WIS NOT FRAUD.
man has right to make the best trade he can
anywhere or everywhere In a free country like
this man had right to employ his superior tai
ents in any way he chose and make money.
II these contractors had made $4,000 or
$1000OOO II that was I'll there was OF it, they had
no right to inquire into 1t. It was alleged that
tlere was conspiracy to obtain expeditions on
these routes. Now, they could not abandon this
general conspiracy and substitute for it a con-
splracy between any tSo or any four OF these de-
PENDANTS. This conspiracy was described in the
indictment by Stating tie number OF men and the
contracts involved In 1t Neither one OF these ele
ments could be dispened with in this case. There
was not an act in the Indictment or in proof con-
demned by law. They could not put together
number of acts, not in themselves con-
ta1n1ng the essence OF crime, and make
crime out OF the multitude They had
no right to get a little suspicion here
and little suspicion there, and put them to-
gather to show a crms The court would not fail
to instruct them thai there mnSt We proved an
agreement among these defendants. though he
might instruct them that 1t was not necessary to
prove meeting OF the defendants There must
be proved beyond O reasonable doubt that the
petitions and letters nroSpAfAd 60 the deDartment