Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-07-22
THE BOSS THIEF.
Brady's Guilt Established Beyond Even
the Shadow Of a Doubt by Walsh's
Testimony,
Which Judge Wylie Decided to Admit
Evidence that Cannot be COntrO-
Verted.

WASHINGTON, July 21.-Judge WyIie this
| morning delivered his decision upon the
question of the admissability of the evidence
Of Walsh in the Stsr-route trial He ac-
knowledged that at the opening Of the case
he believed that the declaration OF one of
the defendants would not be received until it
had been shown that the declaration had
been made in furtherance of a conspiracy
but In this ottense the authorities all lay
down the rule that it might be proved by
evidence OF distinct, separate acts, done by
different conspirators, and the law allows
their acts, even declarations, to be proved, #
they are connected with the case; II they go
toward making up the entire proof in their
collective form their admission is not
irregular, and the laws allow OF their
being proved. Now, as regards the
declarations or admissions of several parties,
OF course they are not evidence against
other parties, unless they have been done in
furtherace OF the objects of conspiracy. The
law is very clear upon that point. He was
of the opinion that the evidence offered WAS
admissible, but as 10 the offer 1t went to
show only that Brady was in the habit of
extortipg and receiving moAey from parties
Now, 1t seemed by no means a strained con-
struction tn at if the facts set out in the offer
we're testified and believed, it would show
that there was a corrupt administration OF
the affairs of the department. 1t would,
however, depend greatly upon the amount of
credit the Jury would be willing TO attach to
this evidence; but upon its face the Court
regarded it as pertinent to the case and
would admit it.
The defense Immediately noted an excep-
ton to this decision.
The prosecution then, with an air of salts
faction, called ohm A. Walsh to the witness
stand, and Bliss proceeded with his exam
luation. The witness was again ssked what
occurred the hat h
and Brady in December, 1880
lie SAID he had an interview for the pur-
pose OF having a settlement with Brady of
certain financial matters.
This reply was immediately ruled out.
He said that the preliminary question of
the fines imposed upon Jerome J. Hines was
spoken of. He then told Brady that his
financial affairs were not in a satisfactory
condition; that he had lost a great deal OF
money, and would like a settlement OF his
account. Upon Brady's request he produced
the data OF the notes and memoranda, telling
him that be believed the notes and accounts
to be all right, but that the question of inter-
est was still open. Brady heard his state
ment, and replied that he had greatly beue-
flied witness, and did not think he owed him
anything. He stated the facts of the expe-
dition OF his routes and other circumstances.
Witness replied that he had supposed the
expedition had been based upon petitions
filed. Brady replied that there was no use
OF arguing the question or feigning ignor-
ance, and tod him that it was his custom
10 receive twenty per cent. of the increase he
ordered upon routes. Witness then asked
Brady to make his statement and he said he
had been told his route h adj been increased
in round numbers from $4,000 10 SI35.975
per anuum. Twenty per cent. on this differ
ence, $4,000, Tor three years amounted in
round numbers to $4,000. Brady also re-
III l.. L
Tor the congressional corruption fund. Brady
said he (Walsh) must certainly expect 10
loss the balance of il.
Witness had replied that he had appeared
before the congressional committee and been
thoroughly examined, aud did not feel as if
he should pay the money. Brady had further
reminded him that he had made remissions
in his favor amounting TO about $4,000 or
$4,000. He said that ne-half, or some such
was what he usually agreed upon
as his share of these cases, and in the end he
would find that he owed him BRADY some
money. As the conversation proceeded.
Brady had taken up the notes and put them
in his pocket Witness asked Brady what he
meant by that. and Brady said he
meant TO settle the matter. Witness then
told Brady he would be compelled TO have
recourse TO the courts; that aside from the
morality OF the matter, it was wrong; il was
an outrage, because the contract would not
pay under such assessments. Brady, in reply, |
said he did not understand the business.
Bliss asked if Brady had said anything
about his relations with the contracts
The witnessed answered that Brady had |
dwelt at length upon that, and told him that |
if he had used his eyes and observed anything |
he might have seen that other contractors did |
the same thing. When he spoke OF the petit |
lion, Brady said he might Judge of their eff |
cheney by looking at his own route. Petitions |
had not succeeded in having it restored;
petitions, said Brady, were intended TO enable |
him TO act under the law.
The witness was then turned over TO the
defense, and Wilson proceeded to cross
examine him. He had not concluded when
The court adjourned to Monday The cross
was very thorough, and every
effort was made to confuse the witness, but
was unsuccessful. His evidence, in the
main, was mistaken. As the examination
If Walsh progressed the courtroom gradu-
ally filled until the close, when perhaps the
argest audience OF the trial had collected.