National Republican., 1882-12-29
KEARNEY And KENT,
The Mail Route Which Was Principally Dis
Cussod in Court Yesterday.
A Scene Between Judge WyIie and
Counsel Jerry Wilson.
P. H. Woodward on the Sand Relative 70 the
Whereabouts o. Papers.
A Subpoena Deuces Tecum on Col. Bliss 10
Produce Certain Papers.

In the star route case yesterday, Mr.. Brewer.
the postoffice clerk who was ON the stand at
the adjournment Wednesday, was cross-exam
incd by Mr.. Wilson, counsel for the defense,
particularly as to the route known as the
Kearney and Kent route in Nebraska He
was inquired of as to whether Senator Saun-
ders and Representative Valentine, had not
been to the office of the second assistant post
master general, urging the importance and
necessity of increasing the service and speed
on that route.
Objection being made on the other side, Mr..
Wilson stated that the object of the inquiry
was to rebut any inference of an improper
motive on the part of any person connected
with the postotlice department. in ordering
the increase. The judge ruled that while
that line of defense would come up in its
proper place. this was not the time for it, the
witness having only been called to identify
certain papers and to state the course of busi-
ness in the office.
One of the papers identified by the witness
was read by Mr.. Bliss. This paper had been
set out in full in the Indictment, but a COM
parson showed number Of variances, which
the defense claimed should exclude the paper.
Inc luURe Sdlt lHuJ IL lut ucltHSS WOulNl ScU
forth and exhibit these variances he would
hereafter exclude the paper. For the present
he admitted it.
In the course of offering other papers in
evidence Mr.. Wilson spoke of the unfairness
of the prosecution in not giving to the defense
an opportunity to examine these papers.
Judge Wylie interrupted him, saying: "The
court knows nothing about your facts. A
harangue of that kind, my dear friend calling
upon the court to take knowledge of papers
that are not before it, and of which it has no
knowledge in any way, is not proper. The
court cannot yield to pressure of that
sort"
Mr.. Wilson. But, your honor
Judge Wylie. l cannot hear any more.
Mr. Wilson. | wish to make little eX-
PLANTATION.
Judge Wylie. No. explanations only in
crease embarrassments. The court has de-
cided the question The speech was made
after the decision, and it assumed things as
facts which the court could not take knowl-
edge of at all.
Mr.. Wilson That is just where I want to
correct your honor.
Judge Wylie. l know what know.
Mr.. Wilson. But 1 think L can show that
your honor is mistaken
Judge Wylic. / will act on that belief any
way. | will not hear any more.
Mr.. lngersoll having found four variances
in petition in the Kcarney and Kent route,
between the original document and that set
out in the Indictment, moved to have it ex-
cluded but tho motion was Ovcrruled and the
paper was admitted as one OF those that were
embraced in the Jacket"
Postoffice Inspector p. II. Woodward was
then called to identify certain papers relative
to the Kearney and Kent route. Being cross
examined by Mr.. Wilson, witness denied that
since the papers had been in his possession
they had been handled by any body save
counsel in the case, Mr.. Blackmar, a clerk
and himself Mr.. Wilson inC Tired whether
among the papers received by witness from
Mr. Brewer in regard to the Kearney and Kent
route there was not q letter from Hale &
Nottingham asking for change of service
Witness replied that there were two such let
tiers, but that they might have been separated
from the papers which counsel regarded as
material. He thought that the papers were
returned to his house every night
Mr.. Wilson. Where else have they been?
Witness That is where they are kept.
Mr.. Wilson. Where else have they been?
Witness. They ought to be there.
Mr.. Wilson. Do you not know that they
have been elsewhere than there and in the
court room?
Witness replied that Mr.. Bliss had had Gus
tody of them sometimes.
Mr.. Wilson inquired whether the papers had
not become worn out by being in Col. Bliss
carpet bag.
Mr.. Bliss. Col. Bliss never had them in his
carpet bag.
On redirect examination witness stated that
Messrs. Wilson and Totten had also had access
to the papers.
After the recess the papers identified by Mr..
Woodward were put in evidence.
A discussion then ensued upon the demands
Of the defense that all the papers on which Gen
Brady acted on the Kearney and Kent route
should be submitted in evidence. Mr.. Dav.
idge contended that the plainest dictates of
justice demanded that they should be cx,
hibited to the jury. To present n scrap here
and scrap there was simply II process by
which II man was to be cntrapped.
Mr.. Bliss stated that at the proper stage Of
the proceedings the prosecution would place
in evidence every paper which it had any rea-
son to believe was before Mr.. Brady when 1t
made his orders.
The court held that it could not force the
prosecution to put in piece of evidence
which it did not wish to.
Mr. Wilson then procured the issuance of
subpoena duccs teCum upon Mr.. George Bliss
and Mr.. p. II. Woodward, calling for the pro
duction of certain papers in the Kearney- Ken
route.
Charles H. French, the mail carrier on tn,
Kearneykent route, testified as to Il subcon
tract entered into between himself and j. w
Dorsey.
The defense objected to the submission o
the subcontract in evidence on the GROUND
that it bore date in 1873, while the indictmen
charged the conspiracy to have been entered
into in 1879.
The court held that the document was ad.
mSsiblc on the ground that if conspiracy
were formed in 1878 and continued IN 1879
then the defendants did combine i'll 1870.
Mr.. Carpenter. There is no authority fol
tia. except the authority Of this court.
] think" retorted the court, Indignantly
that that authority is good here. Your Ian
guage /, not TO be put up with"
THAT is my opinion of it," replied Mr.
Carpenter. There is no judicial authority
for it, or any other authority, except that ol
this court"
The court. This court has no other author
ity on the subject cited by the other side
Mr.. Carpenter. / suggested that we ought
to be heard by the court before the decision.
The court. How many of you?
Mr.. Carpenter. / don't know.
The court j will hear you now.
Mr.. Carpenter. | am not prepared with the
authorities now, but l will be prepared witt
them.
The court. If counsel are not prepared
with authority, the court will have to proceed
in its own way.
Mr.. Carpenter They will be here in time
The court. If the court has decided such q
point us this, it will not allow argument.
"Well, sir" began Mr.. Carpenter.
"The case is decided" interrupted the
court, decidedly,
"Very WE'LL" said Mr.. Carpenter resign
edly.
Mr.. Davidge. The court will not hear an ar
mcnt.
The court The court will not hear that ar.
gument any more
Mr., Davidge. We will have an exception.