The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-08-24
Washington Notes.

commons present.
Washington Notes.
WAsHIYGToY, August l6.--James II.
Ramsey was to-day appointed postmaster
of Salisbury, North Carolina, vice d. l..
Bryngle.
Judge Carpenter concluded his arguments
the star route cases to-day, and was fol-
lowed by JEFF Chandler for the defense, and
particularly for Brady. Chandler said the
Jury might, perhaps, remember that there
was an indictment in the case, although
they had not heard much about it,
and that the indictment was that
every person mentioned therein was guilty
of conspiracy to defraud the United
States. Fraud meant getting something
out of the government without returning
an equivalent in value. His first, point was
that good trade was not O fraud. A man
had right to make the best bargain he
could. At any time if these contractors
had made 100000 or 81, 000,0 900 they could
not be called to account for il. Chandler
then reviewed the allegations and said the
conspiracy charged must be proved by sepa.
rate criminal acts. The government could
not put a number of separately innocent
acts together and out of them collectively
make a crime. They had not, however,
proved single act for which a man could
be punished. In the second place if COLI
spiracy had been proved, it must be shown
that the defendants made false representa-
ton and that money paid for expedited
routes was paid by reason of these false
representations, and in, the third place
use of actually defrauded the government.
These things, he asserted, had not been
proved. Nothing had been shown against
any one of the defendants which would
warrant conviction A strong suspicion
was not sufficient; the jury must feel clear
and positive conviction Of the defendants
guilt. He was here about 10 quote some
Merrick objected on the GROUND.
that the jury could not pass on points of
law. Mr.. Chandler replied that he should
ask the court to instruct the jury.taat,they
were juo ges of both law and facts. Judge
! Wylie said if that were SO he might as we'll
retire. Chandler insisted he should ask to
be heard hereafter on this question. Con-
tinuing, Chandler. said conspiracy must be
proved against every one ofthe defendants or
they must be acquitted. They were SO united
they could not be separated in the verdict.
The jury couldn't find two or three guilty
and acquit the rest. A long colloquy TO-
lowed between the court and counsel on
this subject, the court expressing the opin-
ion that any two of the dc PENDANTS might
| be convicted and the rest acquitted. Mf.
| Chandler maintained that all must be
| found guilty or none, and that the alleged
| fraudulent expedition of routes must be
shown to have resulted from this
unbrollen and .unaided influence. OF the
defendants together, exclusive OF
othercauses. Chandler further maintain
ed that the government had received the
| equivalent for the money spent in the sx-
petition, and therefore had not been de-
frauded., Upon this point another COLO
guy took place between the court and
counsel, the court expressing the opinion
that if conspiracy were proven, the tact
that the public received benefit from the
expedition of the service was no defense.
At this point argument was suspended and
the court adjourned.
The marine hospital bureau has received
| a request from the mayor of Pensacola,
| Florida, to detail a surgeon of that service
| TO be stationed at Pensacola. The mayor
| of Pensacola has issued q proclamation
condemning quarantine, service at that
! poiut as insufficient. The mayor of Gal
| weston has applied to the treasury depart
ment for reimbursement for the sum ex-
pended by local authorities in sending the
| schooner Henrietta from Galveston to the
| National Board of Health quarantine STA
ton at Ship Island, in the gulf, upwards OF
nearly 700 miles.
WASHINGTON, August ia dispatch
from Halifax recounts the purchase by
| Massachusetts sea captain named Farr, of
long, low, black piratical-looking schooner
with high bulwarks, well adapted for the
concealment of men aud guns, and her de,
parture for port in Madagascar. II is said
the vessel, whIchis twenty years old and
is named the Conquest was bought for
account of General Benjamin +. Butler, OF
Massachusetts. that a large quantity OF
stores. arms and ammunition were shipped
from Boston and placed on board the Con-
quest in Boston Harbor, and that twenty or
more seamen recently departed from Hall
tax to the eastward, presumably for point
on the coast where the Conquest could pick
them up. The Halifax newspapers con-
clude that Ben contemplates plratlcal ven
ture, or violation, ofsome sort, of interna-
tional law, and invite the attention OF the
United States authorities TO his doings.
In the Star-route cases to-day William
Chandler resumed his argument and fur
ther elaborated and defended the PROPOSE
ton laid down by him yesterday that
since the alleged conspiracy Is specihc as
TO its subject matter and persons interested
therein, one of the interestd parties cannot
legally be convicted and the remainner ae'
quitted-all must be convicted or none. He
also further developed that part of
his argument yesterday, in which he
maintained that the government had not
been deiTauded because II stood on an
equality with the contractors, and re-
ceiyed an equivalent in value for the
money paid out for expedited and increa
ed service Mr.. Chandler then proceeded
TO sustain BY legal citations the PROPOSE,
ton, advanced by him yesterday, that the
Jury is judge OF both law and facts IN
Grim nal case.
The constitution, he said, had reposed in
the jury the power 10 find general verdict
Of not guilty, no matter what might be ,tbe
opinion Of the most impartial court. This
lQN IN haR hQf
and counsel, in which the former questioned
the correctness and legal authority OF MI.
Chambers proposition. Mr.. Chandler.
after quoting from a number Of reported
cases 10 sustain the point made by him,
closed his argument.
Mr.. Bliss Of government counsel, was
next speaker. He would not, be said. seek
20 reply either 10 the questions Oflaw raised
~ Chandler or 70 outside matters brought
into the case BIZ Mr.. Carpenter. He would |
cOnfine him self 10 the evidence and vii 1
eudeavOr 10 prove The facts that be would |
convince the jury Of ths gum and cTni l,,.
ifv Of the dcfcDdaftE. Mr.. Bliss
then proceeded 20 discuss seriatim the |
Star-r0utes- contained In the indictment, /
aualvzine the evidence relating 20 each /
route separately and endeav0riug % show |
that expedition had almost invariably |
rrzrited I'D decreased rrceipts, and thai I
even g tie Ill. hest figure these receipts I
Ell - Ter short 4 he corresponding eal-n /
fif1re as 20 M Ike he C0nciusion irresisi-- /
ne that the erpa--iiturss bad been cor /
ruptlv ordered. be 0urt 81 3 o'clrct 40 /
iorruen until % or ~. when NJ. BIS
VII resume , - uhitnt.
COM trOler LsV renee has comp .eted lla /
or.iui1n up1n questions sutfuirted o. lim I
A. 20 fhr rrHrar 4 'sp1-iliuu q tIa tNnN i
af.rr0rristeI Tor the nntiOnal hua-1 %
health. Tire comptroller says th1t tne ma /
firr~f bari Of health "a an lhor1Ze1 % teip /
the la-ai boards In establishing qunrlrtint /
stations. % BE- pad from ilie hlfref,, pa il'.-
This rrIr-nu-.ati1n csnl1t b. used ~ uuy |
rn-rt1er specified in - acrs creating ard /
aefrine tie u0Usrs Of the nslinnli 11ard /
Of heaifh. errarr 20 fsr a. sfIeliled Do the
riause attF01-iafire tle SOD 20 PAR q