Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-09-09
AT LAST.
ihe Star Route Trial Approaching
an End.
The Evidence altin, the Arguments Of c oun-
sci Made and the Jury Chargsj-Ths
Question Now is: What Will the :"
Verdict be2

Question Now is. What Will the :.
Verdict be2
JUDGE WLIEs REMARKS IN FULL.
2 WASHINGTON, September SIN the Crimi
nal Court this morning Judge Wylie, alter
some explanatory remarks to the jury, be-
gan his charge. He said: By the act OF
March Srd, 1879 Congress appropriated
So,N0,OOO for The maintIinance Of the Star
Route service. That appropriation was for
the fiscal year, 1850. The appropriation
was asked for by the Department. The
records Of the Treasury and Postoffice De.
partment showed that for three previous
years there was ar unexncnded balance of
nearly $4,OOO,OOO to the credit Of the
| Postotfice Department. There was in evil
| dence statement showing that the Post
master General on December 8, 1879, had
| asked for reapprOpriation OF g, 600, 900 to
meet deficiencies in the appropriation for
! Star Route service. This was statement
. calculated 10 1.
Arrest the Attention. Of Congress,
for il showed hat in Eve months after the
begin ming of the fiscal year there was a de-
hciency. Ga &,0e0,OQ0. That was fact to
alarm the country. An investigation fol-
lowed and an additional appropriation was
made, with a provision limiting the ex-
peuditure and increase of the service upon
the star Routes. That was as far as the
act OF Congress ought to have gone. The
other circumstances were fit subjects for
judicial investigation. This investigation
followed and an Indictment waS found
against these ALLEGED cORspiratOrs. This
Indictment miyht be said TO have five fea-
tureS. First historical; second, describing
the conspiracy; third, the means; fourth,
the overt actS, and fifth, the partition Of
the money. Il
The Historical Part
was well known. As to the mcIrs used 10
carry out the conspiracy the jury need not
trouble themselveS al Out shat. Whether
or not they were sufficiently deSS Tibed in
the indictment was not tor them 70 C0nsiu-
er. The division of money depended upon
the question OF the existence of q cCnspi-.
acy, and that was really the only consider
alton for the jury. Whether there was a
conspiracy, followed by the commission of
overt acts, the false papers and petitions
were the means used, and it has never been
helu that the government was required to
accurately describe ths means. Whelbe-
the parties were mutually intereSteii in
the several contracts
Was sf no consequence.
Their interest in the conspiracy must be
considered. The parties were, according to
the Indictment, individual owners of con-
tracts and mutually interested only in the
conspiracy. Any overt act under any one
of these contracts was all overt act under
all of them
Referring to the progress, Judge
Wylie said: THE cOnspiratOrs were joint
ly united for one purpose and some for
others. Each man stood on his own defense.
The jury could moi convict two of the de-
fendants. If there had been only one
overt act committed, and the jury acquitted
the party committing it, then the defend
ants
Must All BE Acquitted.
For instance, if the jury acquitted Brady
who had been called the key-thc master
key-to the whole conspiracy and no overt
acts were shown to have been committed
ali be acquitted. The position taken by the
defense that all the defendants must be
shown 10 have been interested in all the
contracts was false. II it had been
that they were criminally interested IN
only ore that was sufficient, and conspiracy
Was established. SurplaSage IN the IN
dictment would not yItiate this. Inc IN
| dictment charged hut one ottenSe ana one
| conspiracy. 1t could not comUrlse TWO con
| sniracies. Part of the defendants might De
| Y,tshoIIv acnnitted and part convicted, but 1t
| the Jury found two COnspiracles, three Oh
! the parties guilty Of one, and the remain
| ing four guilty ot another.
| Then the Indictment Failed.
so mucb for the frame of the indictment.
| Eow os TO the proof conspiracy Is sci
| JoD reduced to writing. They are general
| ly entered into in a very informal way.
| The parties might reside in different parts
of the country, but if by any means even
| bv dumb show they entered into an aSree;;
meht To- defraud the Government, followed
bv overt acts, that was conspiracy. Inc
law reouirei a verdict OF guilty only wren
| the iury entertained no reasonable douDt
~ Tho Cui,t OF the defendants. The douot
| ~ no reasonable must be based upon eNl'
| 5.rcs and not upon mere conjecture. ne
T,onII now take up one OF the rou'"s a"a
Gee fir could be connected with any
Rational Theory Of Innocence.
II il could the defendants were entitled
IN the benefit of that theory. he would
| Iect a small routs-the route from YER
| million 10 Sioux Falls, Dakota. The date
Of the contract was March 10, 1878, to ruN
| four Years John W. Dorsey was the con
tractor. The trips were once week the
distance fifty miles; to which TWO M Mmlies
| had been a0ueu. lue tiilN "' n, - :,
hours. There were nine poStothces, out
no towns on the route. Soon after the ser
zee was put on it, il was discovered thai
the actual distance was about seventy miles
and that information had been
Distinctly and Repeatedly Furnishee
10 the Second Assistant Postmaster General
ON December %, 1871, the number OF trips
was doubled. On May 3, 1879, the route
was practically assigned by sub-contract &c
, Vaila. On July 10, 1879, the number ol
trips was increased to six, and the time re
duced 10 ten hours, increasing the compen
: sation 10 S6,l33, and deducting an hour
DELAY at pOstoflices.. A carrier was required
to travel the seventy miles in nine hours
Petitions and letters had been sent In, anc
il did not absolutely follow that this expe
iition was fraudulent. II the jury couIc
reconcile it with any theory OF lnnocenSe'
. | they must DO il. A Congressman OF lnhu
ence. Mr.. Bennett, had asked for it.
That Must be Considered.
Soon alter every postmaster on the route
entered a protest to the Department saylnG
the time was impracticakle, and asking tC
have the old fourteen hour schedule re
stored. and Bennett. enforced this protes
ard il was sent to Brady. Just at TN:
| point this member of Congress seems tS
| have lost his influence for he was informed
it could not be done;
, After reading the law in relation to pro
dpctiveness. Jndye Wylie inquired what the
| nroductiyepess had been in this instance
Reaoinv from the record'he said that fol
: one yeSr il had been $26l. He had calle.
: attention to this route because 1t had oeei
} | asserted that mem mberS OF Congress .
| Da.no,.ihfo for Expedit ditiOns,