Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-09-08
THE STAR ROUTE TRIAL.
JUDGE WYLIE'S CHARGE.
REVIEW OF THE LAW AND THE FACTS
REMARKS AS TO JURY FIXERS7.


WAITING FOR THE VERDICT
The Criminal Court room was well flied this
| morning when the court assembled. Judge Wylie
had on the bench before him formidable array
OF law books with markers between the leaves.
The 1urymen were In their seats promptly at the
hour OF opening.
Judge Wylic's Charge.
Judge Wylie. in a few minutes, began his charge
to the jury. He said that after very protracted
trial the court and the jury about to perform
the important duty that devolved upon them He
acknowledged a difficulty which he suppo ,ed the
jury found in their own experience of bringing
his mind down to sober, calm, dispaSS:Onate
consideration OF the facts and the law in the case
after the great display OF ability and eoquence of
a dazzling character which the occasion hid
brought forth. They must retire, as it were to
mount by themselves. He would not presume to
take upon himself to make professional lecture
the law. In the few observations he had to make
II would be his endeavOr to travel with them over
the case from one emf to the other far in his
judgment was necessary, taking care not to tres
pass upon the domain OF the jury. whom the law
had made the exclusive Judges or the facts. 1t was
their further power to be the ultimate final arbter
OF the law too In the case. Their power Of render
ing general verdict Implies that. At the same
time, the traditions OF the law, the practice of the
courts from the beginning of jury trials has au-
thOrized
THE COURT TO CONSULT WITH THE JURY
even In regard to the facts and the jury may often
be aided in that way, but the opinion OF the court
must not be taken as obligatory upon the jury.
He assumed that the jury would listen attentively
TO the court but feel themselves perfectly at lib
erty to render verdict upon the facts, according
to their own views OF the subject They had heard
what had transpired in the trial from tie begin
ming to this day. He thought the court was wholly
uncOmmitted as to the guilt o. innocence OF these
defeEdlntS Some OF the reporters for the news
he had made, the remark attributed to the court
OF most decided expression of opinion on that
question. He was sure the jury had never heard
such a remark.
THE COURT HAD CAREFULLY ABsTAINED
from beginning to end from uttdflng any opinion
as to the guilt or Innocence Of the defendants.
When the witness Walsh was introduced, and the
question arose whether his evidence was admis-
sible, the court said that in his judgment there
was enough evidence ON the question o con-
spiracy to be submitted to the jury for their
opinion, and 1t was upon that ground that Walsh
Was admitted, not that the court had made up its
mind that the fact OF cons piracy had been made
out, but that there was enough evidence to allow
the jury to determine the question. That was as
far as the court had gone.
REVIEW OF THE LAW AND THE FACTS.
He would now look at some OF the features of
this case, both arising from the law and the facts
Upon the facts he proposed to make some remarks
which would serve to illustrate the principles OF
law which he would lay down. He did not pro-
had been so amply discussed; they were go numer-
ouS so complex that 1t would not only be a very
laborious but in his view, would be an unneces-
Sary undertaking on his part. By the act OF the
Sd OF March, 1879, making appropriations for the
Post Otfice department. Congress appropriated for
transportation on the star routes S5,900,O0O That
appropriation was for the star route service for
the year ending June 30, 1920.
1T HAD BEEN PROVED
that this appropriation was all that had been
asked for by the department. The Post Of1ice de-
partment came nearer to the people OF this coun-
try than any other. and it was therefore cher
ished institution Of the government, and Congress
had never hestated to appropriate the full amount
OF the estimates, so far as the court knew. Con-
greSS gave all that the department said it wanted
fnat n year: & The reports OF the Treasury and the
years prior to 1879, there was an unexpeEded
balance In each year to the credit OF the
to nearly 100000. These balances had been
covered into the Treasury because they had not
been needed. They had in evidence in this case a
communication from Postmaster General Key,
dated December s, 1879, trasmitting Il communica-
t1On from the Second Assistant Postmaster Gen.
eTal asking that 81 O00 900 be reapprOpriated from
unexpended balances, for
DEFICIENCY IN THE STAR ROUTE SERVICE.
Here was communication calculated to arrest
the attention of Congress and the country-that
In department In which Congress had been so
liberal In making appropriations, five months and
parent deficiency Of 100000. The attenton a Of
Congress was arrested and an inquiry was insti-
tuted. 1t was provided by section 3,679, Revised
ment shall expend in one fiscal year any sum
In excess OF appropriations, or involve the
lions. There was another provision ~ eapspmpting
the officers OF the War and Navy departments from
penalties In consequence OF violation OF this law,
but as to al other departments there was no eX-
emptiOn Here was fact to alarm the country.
1t alarmed Congress, and the matter was taken up
for investigation.
THE RESULT OF THE INVESTIGATION
was an act dated April 9TH, 1880, appropriatipg
s1,1OO,OoO to meet the expenses OF the star route
service for the remainder OF the current year, and
providing that no further expedittng shall be
made; also apprOpriating 100000 for putting
On new service provided for by law and providing
also that the Postmaster General would not there.
after expedite the rate pay on any contract to
more than hfty per cent OF the original sum. That
was the act or Congress, and it went as far as
act OF Congress should go, ana now the subject of
the expenditure Of portion OF this money was for
dictment had been found, charging these defen-
dants with conspiracy to defraud the govern
ment OF the United States.
TIE INDICTMENT REVIEWED
This Indictment may be said to have five fea-
lures. The first was the historical part as TO the
duties of officials; the second charges the conspi-
racy; the third describes the means; the fourth
described overt acts, and the fifth charged the
ulen;ly taken. AS to the historical part, they
knew all about that, because 1t was found in the
acts OF Congress The jury need trouble themselves
In no wise about that AS to the means used In
CARRYING out the conspiracy the jury trouble them
selves In no wise about that Whether they were
properly described In the Indictment not was OF
no consequence 10 this trial. II the jury found the
conspiracy and the overt acts, the distribution of
the money followed so, In fact, the only consid-
GRAFTON upon which the jury need concern them
selves was
WHETHER THERE WAS CONSPIRACY,
followed by overt acts. When the Indictment
SAID that by means OF false papers, false af11ia-
Wits. &C., the conspiracy was formed-w1thout set
ung them out-those were the means, and 1t has
never been held that the government was bound
10 prove the exact means. That these contractors
nad these nineteen contracts and were mutually
M lntsrested was matter OF historical description
al ana was OF no consequence. The mutual interest,
the 'ie9 c9,,raa naa mutual interest, was not in
.ne contracts. Dut was o common lot in
resard to the body OF the conspiracy.
me conspiracy did not give them a common inter-
eso e IN 1neir several contracts, but it was COM
mon conspiracy, and 1t was in that view that the
court neiu tnat an overt act done under one OF
these contracts was an overt act as to an fo- thew
were all the common subject OF conspiracy.
AN OVERT ACT UNDER NO. 49,
was just as good an overt act as 1t would have