Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-09-13

| IL.
would have some affiiavts to file in support OF a
| motion for new trial. relating to matters which
hau not before come 10 the attention OF the court.
| Remarks Of the Court.
| Judge Wylie said that he thought the question
OF bail should not be disposed of until after the
| motion for a new trial had been determined. As
to Rerdel, the court could not forget the evidence
| against him, furnished by his own confession.
The court would not allow Reriels confessions to
| affect Miner in the judgment of the court. The
jury had the power OF rendering verdict against
| these two defendants "but OF course added the
| judge, 1--WE all wonder how it was"
"And still the wonder CREW." added Mr. McSwee-
Judge Wylie said he had not read the news
papers; he paid no attention to the rumors that
were afloat, and proposed to keep his mind dsa-
| bused OF them. The counsel proposed, he under
stood, to submit afIidavits in support of a new
! trial, and he suggested that a day be set for
| arguing that.matter
| The Now Trial.
Mr. Merrick said he had instructions from the
Attorney General to proceed with retrial of the
parties whose cases had not been decided, and he
would, after the motion for new trial was dis
posed OF, ask the court to fix the 5th 9Th day of
November, or the 1st Monday in December for the
purpose.
| ADJOURNED TO FRIDAY.
The court adjourned to Friday, when the mo-
| tions for new trial will be argued.
The Motions for a New Trial
motion for new trial filed in the case OF Rer-
dell, by his counsel. Mr.. A B. Williams. is based
on the following grounds:-1. Misbehavlor on the
part Of the government 3 Mlsbehavlor OF the
jury. 3. That the verdict is contrary to the evil
dence. That the verdict is unreasonable. s.
Misconduct OF government attorneys during the
TESTIFY, made and committed in the presence OF
| the jury. 6. And for other manifest reasons.
| In motion filed subsequently by Mr.. Williams
the following additional grounds are riven:- The
verdict is contrary to law. The verdict is incom-
pete, imperfect and contradictory, and no valid
judgment and sentence can be rendered upon fr
uDOn evidence tmOr0DprV
mtted by the court OF acts done prior to the Goth
| day of May, 1879. The court Improperly admitted
evidence Of acts not set out and charged In this
| Indictment, thereby misleading the jury to the
| prejudice OF this Afendant The court improperly
ants, thus depriving them OF their right to a fair
and Impartial trial. The court misdirected the
jury In its charge as to the law of the case The
court, in answer to the interrogatories OF the
jurors after they had stated they could not agree
erred in calling their attention to the order OF ex
pedition on route 35015, and deciding that there
was no varfance; that the overt act was proved,
and II they found the conspiracy to be proved the
DEFENDANTS could not escape conviction. The court
erred In instructng the jury to omit the name of
J. NJ. Peck from their verdict, the jury having
found that this defendant had not conspired with
dictment- Because the court refused to give the
proper instructions asked to be given by this de-
fendant.
MIR. Henkle's motion for a new trial in Miners
case is based on grounds similar to those set out
In support OF Mr. Williams motion.
New Trial Ordered.
Attorney General Brewster yesterday tele-
graphed to counsel In the star route case in very
positive terms to ''make preparations for speedy
retrial OF these defendants" 1t is the purpose of
as practicable.
what District Attorney COrkhill Says
as TO the New Trial.
Mr.. Merrick had conference to-day with Dis
trict Attorney Corkhill. who returned to the city
last evening, as to having speedy retrial of
Voi1 nd fho frvo
concluded best to call the case in November or
December, as soon after the new term begins as
possible. Mr.. COrkhill talking to-day to a STAR
reporter said: 81 think that new trial ought to
be had n these cases soon as possible, and
VIII allow no public business to Interfere with
Foreman DlcksOn's Bribery Story.
WHAT IS KNOWN OF BOWEN AT THE DEPARTMENT OF
JUSTICE.
An examination OF papers at the Department of
Justice shows that Henry A. Bowen was appointed
an agent to attend to some affairs in Arizona on
the Ed Of August, and left for Arizona on the fol-
lowing day. When Bowen's name was mentioned
by Dickson 1t was first denied that there was a
Bowen employed in the department. as owing to
the nature OF Bowen'S appointment 1t was not
generally known even in the department. He was
not appointed as especial agent' that term is
used. Efforts are being made to ascertain Bowen's
present Whereabouts, so that he could be tele-
graphed for and brou ght here pending an investi-
cation Of Mr. DicksOnS charges.
WHAT MR.. KER SAYS.
Mr.. Ker said to a STAR reporter to-day that he
| and other special counsel in the star route case
would not conduct this investigation, as it was a
matter for the district attorneys office.
"Does not the fact OF Bowen'S appointment"
asked the reporter, "corroborate Mr.. DicKson's
statement?"
"Corroboratel" exclaimed Mr. Ker "Why Dick
son knew OF BoWen'S appointment l have no
doubt they drank together; tnat Bowen showed
Dickson his appointment and Dickson congratu-
lated him uponit. Dicksonis is either laborng under
terrible mistake or he is performing piece or
infamy. Why, IL a man was to be employed to
approac Dickson would not some man intimate
With DicksOn-more intimate than Bowen-be en-
plOyed? Do you think this man Bowen, who was
just appointed, and who do not believe knew the
Attorney General, would be the man to bring
might be that in the over zeal OF newly-appointed
officer this man said something, but don't believe
not drink, member of the bar, and man of such
integrity that IwOuld Just soon believe charge
against my own brother as against him."
1.-THE LAWYER NAMED FALLS"
referred to by Mr.. Dickson as one who interviewed
Juror Holmead as an officer OF the Department OF
Justice, is understood to be Mr.. Frank H. Fall who
has been engaged In some special cases by the De-
partment OF Justice. Mr. A. j. Falls the only attor-
ney OF that name in the city. has no connection
with the Department OF Justice and is entirely
cleared OF any connection with the affair by the
officers OF that department.
=. MT: A. j. Falls states emphatically that he
any one OF them during Or since the trial
WHO Is BOWEN.
Bowen, the party mentioned as having ap-
preached Mr. Dickson improperly, is a son OF
Henry G. Bowen, the well known New York Jour-
nal1st and for a number of years was broker In
Wall street in that city, the firm being Fitch
Bowen.
The Attempt to Bribe Juror DOnfphan.
Juror Doniphan has written out full statement
Of an attempt to brfbe him, which is now in the
hands of Mr.. Ker, which is substantially as fol-
lows:
Before the jury was sworn man named Shaw,
one OF the regular panel. expressed desire to get
on the jury which was to try the star route case,
and asked Doniphan what the chances were for
getting on. He was informed that his chance was
as good as that of anybody else, as there were
twenty six in the regular panel
When the case came up Shaw was rejected by
Merr1ck, for which the latter was roundly abused
by the disappointed juror. On September 4th. as
Donlphan came down through the Capitol grounds,
ne hear9 some one calling him and found 1t was
ShaW. He said to Donfphan: 81 have got damn
goOd thing for you, and Will make something my
sell, TOO. have got the money in my pocket to
give you now IL you will favor s. w. Dorsey II he
gets on we can get anything we want have
" nd Svf1l ma alya n