Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-08-16

Mr. cHANpLKR's ARGUMENT.

In the star route trial, after the report IN the
first edition OF The STAR closed, Mr.. Merrick suc-
gested that law authorities should be read 70 the
court and not TO the jury.
Mr. Chandler said he proposed 90 argue that
the jury In this case are the Judges both OF the
law and the facts
Judge wylie said that that question &C any rate
was one 10 De decided by the court
MI. Chandler argued that that question was ona
worthy OF discussion.
Judge wyne said that he was not inclined 90
In this court was unmistakable. III Mr. Chandler,s
position was right the very question he now pru.
posed should be argued 20 the jury, and when they
decided that they were the Judges OF the law. az
well as the facts. the court would retire.
After some further discussion, Judge wyiie said
he would hear Mr.. Chandler argue his point as TO
the law at the proper time.
Mr.. Chandler then proceeded with his address 20
the jury. He said that when, In the dying throes
OF this prosecution the jury was asked 20 md two
or three OF these defendants guilty, they should
remember that that was not the conspiracy
charged. He read from Sd Day. page sl2 the case
OF Nathan Smith against Jacob Baker. Mr. Chand-
Ter having stated that In a criminal case the same
bilIiy and liability was more strict in a criminal
case than In civil case, Judge wyne
suit Was brought against several parties
Jointly, judgment should be against all Jointly;
but when an indictment was found against sew.
era parties II was not necessary that they should
Mr. Chandler argued that under this Indictment
there could be no severance OF interest; that the
prosecution had cemented and consolidated them
Judge Wylie said the Indictment did not charge
that each and every defendant and all OF them
were intTested In all the contracts The con-
spiracy was TO assist each other I'm procuring ille-
gal increase OF time III the jury were satisfied
that two were guilty they could convict them
and acquit all the others
MI. Chandler having argued that the FONT In
terest represented In the Indictment was a part OF
the description OF the crime Judge wylie said that
III the jury should be OF opinion that whatever
money was paid officers OF the government was
paid by separate members OF this defense In their
separate characters without regard 20 any con-
1ederacy, there was absence OF proof OF cOnfed-
eracy. Though the crime would be the same
against law and morals for each one TO enter into
such an arrangement, yet there was no conspiracy
and each was answerable alone But that was not
the scheme OF the prosecution. They charged the
defendants with a confederacy for the purpose of
procuring increase OF service, expedition and al.
lowances
Mr.. Chandler declared that there was not one
single order In this case shown TO have been made
through the influence OF these defendants alone.
MI. Chandler having argued that II the public
received an equivalent benefit from this expedi-
ton there was no crime, Judge Wylie observed
That assuming that a conspiracy existed, the fact
that the public received benefit from the expe-
dillon was no defense.
Mr. Chandler said he differed with the court on
this, and would endeavor TO change the COURTS
opinion.
AT 3o'clock the court adjourned, Mr.. Chandler
not having then concluded his address.