The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1882-09-16
THE STAB REUTERS.
The Convicted conspiration Granted New
Trial.

/, dell, the convicted star route cons iratOrS,
has been set aside, and they have been
| granted a new trial.
SECOND DISPATCH.
WASHINGTON, d. c., September 15.-In
| the criminal court, Mr. Henlzle, counsel for
Miner in the star route trial, filed various
| .affldayits upon which he based the motion
! for new trial
| Mr.. Merrick said: II find some motions
on file for new trial in the case of the
| convicted defendants, accompanied by
statements and a variety of reasons, and
| by some affidavits. Among the reasons is
one, namely, that the verdict is itself un-
| reasonable. AS counsel for the govern
ment of the United States / am not dis
| posed to put on file consent to the grant
| ing of this motion, but as counsel for the
| United States itself is not entirely satisfied
| by any means with this verdict. 1t is q
verdict which conyIcts servants and
minions. The jury presumably
| found evidence of conspiracy to defraud
the United States and of the overt act so
as to create completed crime under the
statutes of the United States. That hav-
ing been found by the jury prior to their
determination of the conviction of guilty
against Rerdell and Miner, there was left
for them the sole inquiry as to who was
in the conspiracy. 1t was apparent to all
men that, deeply guilty in point of morals
and laws as Rerdell and Miner are, the
crime they perpetrated was the scheme
and device of the others Now sir the
government of the United States cannot
consistently with its dignity, object by
practical resistance to the motion to set
aside such verdict, and bring to trial
again both the masters and servants, in
order that full justice may be done. The,
government of the United States seeks no
victim; it seeks simply justice, and, when
a verdict apparently trifles with justice, it
cannot meet the approval of the govern
ment of the United States.
Mr.. Henkle then read the grounds upon
which he based his motion for new Trial.
and then read from Dickson's sworn state
ment, the substance of which has already
been published
The court stated that he had directed the
jury not to converse on the subject of the
alleged bribery. Whether or not the jury
had transgressed the rule laid down by the
court, did not appear from Dickson's aft
davit
Mr. Henkle proceeded to argue that the
verdict should be set aside on the ground
that the jury had been tempered with, and
in conclusion said: "sThe court room was
dotted all over with spoilers, whose bust
ness it was to shadow jurors, council and
witnesses, and some of the vilest men of
this community were right here all through
this trial doing that very thing in the ser
vice of the government"
Merrick-In the service of the govern
ment?
Henkle-Yes, sir
Merrick-Is there any affidavit of this
sort on file?
Henkle-I have not any proof of this
now but / will furnish it when we get to
investigating the matter.
Merrick-When we come to investigate
the matter, we will reach the conclusion
that this approach of Dickson was got
up thing on the defendants side.
The court then said: "'As to the mis-
conduct of the jury, both sides concede
that the discussion as to the bribery mat
ter took place in the jury-reom. In the
circumstances of the case, considering
rather the incoherent character of this YER
dict, | think il will be safe for the court |
to assume what is conceded by counsel on
both sides to have taken place in the jury
room, and will award a new trial.
Tobriner, one of the jurors, happening |
to be in the court room, was called to the |
witness stand, and testified to the reading |
of a statement by Dickson after the re-
tirement of the jury. He said the jury |
as to whether the paper should be read.
The Court-What wanted to know was |
whether the jury had violated the direc- |
tions of the court. That verdict of guilty, /
them as to Rerdell and Miner is set aside, |
not only on account of the misconduct of |
the jury, bat l may say on account of its |
general unreasonableness-no that the I
court would have made this decision on
that ground alone, because the unreason
ableness of the verdict is for the jury rather |
than the court, unless its unreasonableness |
shock the court. These two men seem to
be the two ends of the line. 1t did not
seem to my mind they could have gone
into the conspiracy without having had
any of the others along with them. but the
jury thought they could, and | would not
have disturbed the verdict on that ground
But when see that the verdict was made
up by jury that Were discussing other
matters that were in evidence, of course
my duty is plain, to set the verdict aside.
As to the acquittal of Peck, who is dead. /
hope he is acquitted everywhere. We
were not trying him. As to Turner, of
course, the verdict stands. The court
grants new trial, therefore, as to all
except Turner and Peck.
Miner and Rerdell were then released in
$10 900 bail each, Vale and Williamson
surety for the former, and A. c.
Richards for the latter.
December was fixed as the date of the
new trial. and the court adjourned.