The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-09-10
TELEGRAPHIC
STAR ROUTES.
The Bu'IdOziDg Judge-NO
Verdict.

Chicago. o Times Washington
Judge Wylie's charge was desd against
the de!endants. For two hours and q
half Hehkle and Totten fought every
inch OF the Way with tire judge, seeking
TO avail themselves Of every technically
that legal acumen could think of, and
noting exceptions as fast as the judge re-
fused their prayers. They took excep-
tions to everything, including citation
from the Revised Statutes, and the read
iog OF Lord Bacon's letter, praying for
clenency. They excepted to the JUICES
rulings, and still wanted his reasons
Therefor; TO his mention of the deficiency
appropriation, to the facts of the case OF
the route from VermilliOn and Sioux
Falls, and to the judges inference there
from, which was that congressman had
plenty OF influence with Brady when
routes were to be increased or expedited,
but none when they asked for economical
service. After the exceptions had been
piled up for two hours and q half, dur
ing which time the government counsel
had expressed TO dissatisfaction with the
charge in any particular, the end was
reached, and at 8 o'clock the Jury re-
tired 10 fad verdict, and the court took
| q recess till 6.
A Washington special, referring to
Wylia's charge yesterday, sage: Whom
the jury had been able to sgree only as
to one, Judge Wylie said: "That won't
do" and commanded them to return TO
their quarters until morning. with the
intimsti0n that while the marshal would
make them comfortable one night, he
would not promise like comforts for
another night if verdict should not be
rendered, and Judge Wylie is as good as
his word, for few years ago ne kept an
obstinate jury for hours without light or
bosrd and finally forced o verdict.
Washington, 9.-Shortly after 10
o'clock this morning the Jury in the star
route case came into court and reported
that they had been unable to agree upon
q verdict, and asked further instructions.
These were given by Judge Wylie st
considerable length, and their general
tendency we're strongly sgsinst the de-
| PENDANTS. At their own request the jury
were allowed to take their notes in their
room and again retired. They will re-
port at o'clock this afternoon, TO which
hour the court took recess. The general
| impression seems to be that verdict will
be returned at that hour.
Judge Wylie, in further ins:7ucting
the jury, this morning, said, 81 wish you
/ to believe these defendants, or any OF
them, are guilty Of this conspiracy. Thai
IS one step settled. When you reach thai
conclusion sink q post there snd that
question being settled the next one is u
overt acts, and there are forty or fifty
pages of this Indictment employed il
setting out distinct overt acts. If any
Of those overt acts Is correctly set out
and such an act correspondents with the
Indictment, it is enough, though all
Others may be Incorrectly set out"
Ingerloll: al should like the cOurl
further 10 instruct that jury that 1t il
impossible TO make any one defenIsn
responsible for the act of any other un
less the fact Of the conspiracy has beer
| established beyond reasonable doubt anC
| further
''I am not going," exclsimed his homo
| decidedly, ito have this question
argued any more. This lie
talk between the jury and myself
| The time for nrgHmsnt has passed. II
regard to overt acts on the VermillioI
and Sioux Falls routes, If there be
1
that Interpretation belongs TO the court
and there is DO question between tn
court and the jury on such q proposition
SIS that, and it's absolutely the business
| of the court to interpret the written in
struments and read in the indictment
the description Of the overt acts in regard
! 10 certsin routes. Is became the duty o
| the court to say TO you, gentlemen, that
! If you believe thai Jacket was genu
inc paper, and that the order signed "DC
| it, Brady" was written by Brady, ther,
is no escape; that tbs overt act i
! proved.
The counsel for the defense objected e
almost everything the judge said, anC
| Judge Wylie remarked: ''Of course yOU
don's like the law. Every word I say i
Objectionable 10 you. Ii l make mis-
taxes. however. you have an appeal"
At o'clock, the jury not being ready
to report, a further recess was taken IN
til O'Clock
Shortly after o'clock the jury IN tn
star route case came into court, ant
reported that they had sgreed upon {
| verdict only ss TO some OF the defend
ants The court refused 10 accept such
verdict, and the jury were directed to re
| tire for further celebration, despite tht
opposition of Colonel Ingersoll, who hell
that those persons whom the jury had al
| ready found TO be innocent should b
discharged at once.
Recess was taken until o'clock to
morrow morning.