The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-08-17

route case, Carpenter, for the defense
resumed his address to-day, and he
went on and dwelt upon the import
ance OF the star route service, char
acterlzing it as the Fort Sumter of
the railway system Of the coun try.
contending that it was necessary for
the public good, and declaring that
the, allegations to the contrary
contained in the indictments
were falSehOods from beginning to
end. In concluding, Carpenter said:
when l remember, as q matter of
popular history, that all these
charges against my clients were
created in newspapers Of great no
litical force during the heated cam
paign, two years before this indict-
ment was found; when l remember
they were canvaSSed by the press
ON the one side, and explained or
denied on the other; when L re-
member the attempt to connect the
late President of the United States
with the very transactions to which
this indictment refers; when I rem.
ember the proud position my client
occupied as a party leader. L cannot
but be reminded of the eVanescent
character of everything earthly; I
cannot but be reminded that, in the
near future, we must all leave, and
prior to leaving there viii
come q moment when memory
will unlock all the clasps and will
turn over, page by page, every act
OF our lives. You will have the
consolation in that supreme hour to
call to mind that, UnaWed by popu-
lar clamOr, mistaken by prejudice,
defying the power Of government,
you discharged your duty and rem
dered decision with the testimony
in this case of not guilty.
JEFF Chandler, the next counsel
for the defense, and especially for
Brady, then rose to address the jury.
During the course Of his re marks,
quite an extended discussion took
place between Chand er and Mer-
rick SIS TO whether the Jury were
judges both of law and fact. The
court said be would hear arguments
ION the point. Chandler continuing,
impressed upon the minds of the
jury the necessity of q verdict Of
acq initial, when the innocence Of q
great majority of the defendants
thrust itself upon their cOnVic-
tons when, he said, the prosecU-
ton asks you in the dying thrOes of
| governments case, to convict two
OF three men, I want you TO recOl-
lecG that there is not a conspiracy
charged against two or three. The
conspiracy must be proved against
all or none. The court inquired
whether it had not been held In
many Cases that some alleged con
spiratorS might be convicted and
the others acquitted.
| Chandler-It has, anu l will indi-
cate the distinction between those
cases and this.
COurt-SO long as there are two
to be convicted government may
fail as to all others. If the jury are
satisfied of two conspiratOrs, con-
viction Is proper, though the charge
in the Indictment was against them
and many others. That is my i'm
preston. may be wrong about it.
If the jury is of the opinion that
whatever money paid the Of
GERS Of government was paid
by separate members Of the de-
g Tense IN their separate characters
: without regard to any conspiracy
1 proof is absence Of a conspiracy
: but that is not the scheme of the
d prosecution. It is reverse Of that
! | though those parties were seYerally
. interested in the contract, yey they
y entered into a Conspiracy which
y they made common cause for thC
0 purpose of securing expedition
: ChandleT-That is the scheme
exactly.
CouIt-Do I understand you con
tend that if a conspiracy be show
as TO sOme of those contractors ant
} others should not be embraced Il
:, the terms of the conspiracy, ther,
! could be no conviction.
Z Chandler do not contend tina
/ thing; 1 contend that the cOnspirac
: must be proved as laid, or it all fall
TO pieces.
L Court - That is an importan
Il uCSs4OiA S@nA AANb i w q NANoNA AAOl
d ticn. In my mind, according to you
r proposition, the subject Of TIL
IS conspiracy is not at all out.
= Chandler-There is not the sligh
Ie est approach to it. Taking up til
thread of his argument ChandlC
s asserted that there has not been
y. single order for expedition issue
u through the unbroken influence
le the defendants. Petitions had con
L in by the hundreds, signed by me
y of the most honorable characte
lg and upon these petitians expedition
s. had been ordered. Chandler argue
no that the prosecution mad not sheW
u, that government was defrauded
ne the contrary, it had been beneate
sh The Court said he did not belle
On it was a justification for a publ
w officer, guilty of bribery, to say thi
he had been bribed to perfOrmaac'
which were right and proper. Atte