Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-07-25
THE STAR ROUTE TRIAL.

| THE STAR ROUTE TRIAL.
Ex-Attorney General Macveagh and
| ex.POstnaster General James ON the
| Stand-Rerdell's Revelations as be-
tailed Through Mr.. Macveagh-HOw
the SPOils Were Divided.
The star route trial was resumed in the Criminal
Court this morning. Ex-Attorney General Mac
Veagh occupied a seat near the bench. Mr.. Bliss,
who was absent yesterday, was not present at the
| opening of the court, and at the request OF Mr.
Merrick, the proceedings were delayed until his
colleague, who was in the city, arrived. Ex-Post-
master General James occupied seat near the
government counsel
MR.. MACyEAGH ON THE STAND.
After waiting until twenty minutes after ten,
| Mr. Bliss not then appearing, Mr.. Merrick called
ex-Attorney General MacVeagh to the stand, and
asked him with reference to his conversation with
| Rerdell in regard to the Indictment.
Mr.. IngerSoll wished the witness to be asked for
| the date OF the conversation.
Mr. Merrick.-I Will let the question stand as 1t
Mr. Wilson.-Then object
The court ruled that the time had better be
The witness then said it was June, 1881.
MT Merrick then asked him TO state what Rer-
dell had said
OBJECTIONS TO THE RERpELL INTERVIEW.
Mr.. Ingersoll objected to the question, and said
'Ho Qucotiou dS W tiiS auulSSlDlllty oi bHS eS-
dence had been argued before. He called the
attention Of the court to the fact that the admis
sion of the evidence does not establish a consp-
racy, but simply the Identity Of one OF the defend
ants. He argued that evidence given after a con-
| splracy had been completed could not establish
the conspiracy; This position, he said, was held
| by all authorities
Judge Wylie agreed with the condition as far as
the evidence af1ected Others
Mr.. INGERSoLL HOLDS THAT NO CONSPIRACY HAS
BEEN ESTABLISHED.
Mr. Tn ~
| no evidence to show that the combination was
corrupt, or that any one OF the parties had done
anything wrong. He said that II every party in a
conspiracy confessed and there was no other ev1-
dence, 1t would not be sufficient to establish the
1t understood that 1t did not establish the con-
spiracy, but simply proved the identity Of one OF
the parties to conspiracy, the existence OF which
| must be established. He reminded the court that
few days ago he had announced that the court
was was Co, competent to decide when the conspiracy
rights OF the jury II the conspiracy has been es-
tablished then admissions are admissible to con-
ernment say that Rerdel is guilty because he is
conspirator, and he is a consptratOr because he
| admits 1t; and he characterized it as petitfo
Judge Wylfe's Decision.
Mr. Ingersoll having concluded, Judge Wylie
said that this question has already been fully dis
cussed and decided. He has listened with inter-
| est to the argument, and was not shaken in his
belief and confidence in the position he has already
taken. 1t Is very true that no extra judicial de-
cison is sufficient to establish the corpus delect
This rule applies to case OF conspiracy well as
any other criminal prosecution. man cannot be
convicted OF murder until it IS proved that there is
dead body. In regard to conspiracy the corpus
delecti is the combination Of the parties, not the
body proves murder. So In a conspiracy, the COM
bination takes the place OF death in the case OF
murder The confession OF parties may show
THE CRIMINAL CHARACTER
nj hn hino rbnc
| spiracy until the fraud on the part OF the mem
| bers is established. Having shown the eombina-
| ton with the view OF obtaining money from the
government, that Is conspiracy The criminal
purpose Is another thing that may be established
| by the confession of the parties. II a man acts
| at one time alone and another man acts at an
other time alone may be given in evidence for the
purpose or weaving together the joint cOmbini-
ton, why not the admission OF the parties? When
the combination has been shown, then the crimi-
| nal character can be established by the several
acts OF the parties OF that combination II all the
parties In combination confess then It is proved
TO be C conspiracy, the combination being estab-
court Is sufficient to show that the several con-
tractors had mutual and intimate relations with
each other In the several contracts There Is evil
dence to show that there was
GREAT ABUSE OF POWER
by the Second Assistant Postmaster General In
regard to these orders for expedition. Here is
| money paid without adequate compensation, paid
to all these parties, and the expedition increased
that small contract assumes large proportions
These are things not to be poo-poohed away. Here
are facts going to establish corpus deficit and
establish charge OF criminal conspiracy. This
combination may be innocent enough. yet by the
confession OF the parties 1t may be converted into
a crime.
The court decided to admit the evidence. and
Mr. Totten noted an exception
MR. MACvEAGHs TESTIMONY.
Mr.. MacVeagh then related his conversation
with Rerdell, in which he told him OF his combina-
tion with Vaile, Dorsey and Enthusiastically
the same story as told In the Police Court by the
witness. In continuing, the witness said that
Rerdell told him that Brady was connected with
the business OF procuring contracts and their ex-
Mr.. Totten objected to the introduction OF
Bradys name. and the court sustained the objec-
tion; but the court subsequently changed his de-
cision and said that he would admit the entire
statement and instruct the Jury not to accept the
portions affecting others.
RERDEIL's REVELATIONS
The witness continuing, said that Rerdell told
him he had nearly 100 routes through an acquaint-
ance a with Mr.. Bosler and Senator Dorsey. There
had been division OF profits Rerdeil said that
Brady required petitions in order justify the ex-
pediting. They procured signatures, and when
that was tnconvenient they made them up. When
| the expedition was granted Brady'S share was 80
or 40 per cent These routes were sub-let and the
fines, &C., fell on the sub-contractor When these
nes we're o RENTED Brady got certain percent
cation was begun In 1880 1t was feared that he
would be called and compelled to produce book
crediting considerable payments to assumed
names. One stood for Gen. Brady and another
! for Mr.. Turner. Those payments could not be
accounted for and so he feigned sickness and pre-
pared the book so that 1t could be safely shown.
THE MISSING ACCOUNT BOOK.
The witness stated that Rerdell said it was a
book in which he, as manager, kept the accounts
OF the combination under fictitious names Rer-
dell said that he would go to New York to get the
book.
The witness said that Rerden asked him no
questions and did not try to get any Information
from him.
CONSTRAINED BY Mr.. INGERS0IL.
The cross-examinatiOn OF the witness was then
begun by Mr.. Ingersol The witness said that
Rerdell had never said anything to him about the
Jennings claim, or suggested the appointment OF
any one to office. Rerdeil had told him that the
sixth auditors ONCE had assisted the combination
In the contracts, and mentioned the name of Mr.
Turner as having received some money. RerdeII
gave no conversation he mad with Brady, Dorsey,
Peck or any one. The witness said that he had no
acquaintance with Senator Dorsey. and had no ILL.,
feeling towards him. He had never heard that
Senator Dorsey had tried to prevent witness from
going into the Cabinet
Mr. MACvKAGH AND Mr. WILSON.
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