National Republican., 1882-09-05
THE STAR-ROUTE TRIAL.
ConcIusiOu OF Mr. Isenlie's Argument for
the Defeuse-Scene in Court.


Mr.. Henkle concluded his long argument in the
star route trial yesterday He commenced by re-
viewing the various routes. He slid that Mr..
Brady had probably never heard of the proceed
ings on the st. Charles and Greenhorn route until
he heard of them In this indictment. On the Ver-
million and Sioux Falls route he said the orders
were made by Mr.. French, aud there was no evil
dence that French made these orders on account
OF any mercenary considerations. On the Canyon
City route MIR. Brady's honesty was shown by the
vigorous measures he took against the con-
tractors. He claimed tLere was no evidence
that any Of the atidavits were altered as claimed
by the prosecution. On that route Brady allowed
the contractor $4,000 less than the expedition
alone amounted to. Brady in that case not only
sonspired against Miner but ftSSnsplred con against
dilions, and showed that Mr. Brady allowed far
less than he miehr have If he wanted to. The de.
in nineteen. Where were tho ninety and nine
other routes that went not n tray? If there was
conspiracy, 1t extended to all. Mr. Henkie was
commenting on ex-Postmaster. General Key not
testiiyiug, wheu Judge Wylie stopped further re-
marks Oh that subject.
A SCENE IN COURT.
Up jumped all the counsel for the defense de-
manoing an exception to the ruling.
MIR. TOtten-We all want q n exception.
The Court-I know you do. l have seldom wit
messed mole fragrant otfense in getting remarks
unfairly before the jury. They are Of no conse-
MT Mr.. To,ten@We i We think they are.
Mr.. Henkle-Ii is q question for the jury. Your
Honor does not sit here to decide the facts.
The COurt-I know IL.
Mr. Henkle-Aud / take an exception to the
last remark of the Court.
After recess Judge Wylie said he had examined
the record OF Postmaster General Keys testimony,
and that he had Gone right in excluding the re.
marks which Mr.. Henkie was about 10 utter just
before the recess. Those remarks la1 been bnsed
the fact that the prosecution had failed TO call
General Key for the purpose of proving that he
had been imposed upon. There was no evidence
1T all to show that the prosecution knewsthat
General Key could prove the fact that he bad been
imposed upon On the contrary, his evidence In
the case showed that he was not aware that he had
been imposed uron at all. On that ground, the
Court thought that comments of counsel were ou'
Mr.. Wilson and Mr. Henkle excepted to tho
ruling OF the court. Mr.. Merrlck said: As par
Of the record of the exception there Will appeal
out of place rs some have heard, there can be nc
difficulty about the exception:
Mr.. Henkle uisclaimed amy intention OF criticiz-
ing or commenting upon The decision OF the eonI,
contrary, he thought that 1t was proper decision
Mr. Heilkle was pr pioceediug to maintain that there
| was no proof TO show tnat Brady knew that any o.
he was interrupted by Mr.. Merrick with con
The Court-Mr. Merrick, YOU must not inter.
Mr. Merrick (rising)-Then had better 60
| Mr. Wiisou-We are perfectly willing TO have Mr.
Merrck stay and listen to tile argument ana no
| to interrupt. ,,
point out q forged petition, point out the kear
| ney and Kent petition.
Ihe Court-I did not understand the counsel t
call on you to point out petition; and II he did
| 1t must be understood as only a challenge in
At o'clock Mr.. Henkle concluded his argu
ment, ,,,
| commence his argument for the defense, Whic
| will conclude the arguments on that ride.