Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-09-08
the tu VS. power theoretically to acauit sye-y

OF the conspiratorS that II they Shout
acqut one o the cOnSpira tors, and the only owe.
act In the case was his they CoyiL rot coivict AM
OF the defe elda..s.-h unSy were to acauit Brad
In the case, Who had been called the mast r key
inc conspiracy an no other overt act than his ha.
oeen proved, then the prosecution must fail. So
LII case they acquitted any OF tue defendants, ans
others, they must see whether the overt act Wa,
committed by some one Still remaining among tEe
cGnsp:rators.
ANOTHER POINT
Therc was another point. The defense claimed
that the conspiracy must be made out to all The
contracts, and unless It established as to each
one, there must be an acGuittal. That was not so.
IF CONSPIRACY AS TO ONLY ONE CONTRACT THAT Is
ENOUGH.
II they should be convinced that there was
conspiracy relating to only one of the contracts
that would sustain the Indictment. These mat
ters were the means or inStrumentalties for
making out the charge Of conspiracy, and If there
was enough In the proof to show that there wa S
conspiracy to one Of the routes the conspiracy
was established. 1t was so In regard to all in
dlctments II the indictment was broad
enough to cover the crime proved. 1t was
did not vitiate it. II the Indictment covered the
the crime amounted to the whole OF the charges
In the Indictment was OF no consequence. This
Indictment was one, and contained but one ac-
count. charging but one offense-that is, it
charged but one conspiracy. The instruction OF
the court Is asked uron the question whether, If
conviction. The court was OF opinion that in
that case there could he no conviction.
1t was very true that
PERSONS WHO COMMIT CRIME SEEK DARKNESS,
and all crimes are generally more less difficult
to establish. AS to cohspiracles, they are pecu-
liarly the products of darkness; conspraces are
very seldom reduced to writing. They are en-
terei into generally in an informal way. Tee
parties may not come together at ali, but If by
any means Whateve' they come to q mutual un-
derstanding for the purpose OF committing 4 crime
against the government, that WAS a conspiracy,
provided it was followed by an overt act It is
said that they ought not to convict a man on
crcumstantial evidence. unless 1t be OF the clearest
ana most convincing character The rule regard
Ing c0nSpiracieS as to all crimes was that the jury
should be satisfied beyond u reasonable doubt as
to the guilt of the defendants. He did not think
able doubt ought to be doubt that arises out Of
the evidence OF the case. 1t ought not to be con-
lecture. They had twelve men On the jury. whose
powers OF observation and capacity were different
What may seem a reasonable doubt to one may
not appear SO to another, but that was difficulty
which could not be avoided.
THE JURY OUGHT TO BE CAREFUL
to see that the doubt which rises, rises out of the
evidence, not mere con lecture. 1t was said that
it was better that ninety and mae guilty men
should escape than that one innocent suffer. Well
that was very important to the administration OF
justice In England, where the maxim originated
and served an important part to-day. There the
prisoner was deniel the benefit of counsel; his
witnesses were not allowed to be sworn and, of
course, were not believed. When appearing be-
fore the array of the court the common man would
not know what TO say or do. Then there We're not
less than $50 capital crimes knows law and was
important that the courts should be very careful
as to conviction. Still, they had the rule now
also, and he would say, in the language OF the
rule that it was better tlat ninety and nine guilty
should escape than one innocent suffer. 1t would
be happier condition OF things, though. IL they
could not only protect the innocent, but punish
the ninety and nine. In commenting upon this
the court quoted the Old Latin proverb, that the
indeed was that people where the number OF
crimes was small and OF smallimportance; next in
WaS THAT an5 Whom the
punished. He did not propose to read at large
from the books on this subject He WAS talking
law to the facts in this case. He thought it would
be In vain for the court to lay down abstract prop
Os1tlons regarding propositions OF law. With
view to the practical application OF the law he
would
TAKE UP ONE OF THESE ROUTES
and see what the facts were; see whether they
could reconcile them with any rational idea of in
nocence; If they could. then the defendants were
entitled to the doubt He would take up a compar-
atvely insignificant route, not distinguished re-
markably in its features from several others. He
selected it principally because 1T was small route
He recalled the acts Of these parties On the route
from Vermllion to Sioux Falls The date of the
contract was March IS, 1873. John w. Dorsey was
compensation $39S. The advertised distance was
so miles Two miles were subsequently added,
with an Of $500 The tune was ID
an agricultural country in Dakota. There
were Io mining camps there and no
testified that there were no towns
So on after service was put on this route once a
was about 73 miles, and Information OF that fact
vas was, given repeatedly to the Second Assistant
postmaster isos ma General. on the 23i OF December
tn fVV}
The law prescribed the amount OF increase of pay,
when service was increased, and s49S additional
1879 this contract was practically assigned BY
sub-contract to II. NJ. Vaile. On the 10th OF July,
1879 this service was increased to six trips
a week, ana the compensation raised to s., 453 4O
and at the same time the schedule was
reduced from IA to 10 hours, and s3 COS 10 allowed
for that, making the total compensation S. 1880
distance was 20 miles, the service was increased
and time reduced. By the regulation OF the depart
minutes at each post Office. There were eight or
nine post offices, so that that took off than
an hour, and the time was actually reduced to less
than nine hours, requiring the carrier to perform
the service at the rate OF eight miles an hour,
in an agricultural i country where there were no
by petitions purpOrttng to be from peo-
pie IN the country. 1t did not necessarily follow
that the expeditions were fraudulent The orders
might have been made owing to the influence
brought to bear upon the department. Soon after
wards every postmaster on the route signed a
Die TO perform the service in the expedited time,
and asking restoration OF the old schedule OF ID
hours Mr.. Bennett, member OF Congress, who
recommended the reduction, also endorsed the
postmasterS' petition. These petitions were
brought to the attention OF Mr. Brady. Mr. Ben
Detts Recommendation for the restoration of the
old time was called to his attention Now this
member OF Congress seemed to have
LOST HIS INFLUENCE ALL AT ONCE.
Mr.. Brady told the clerk, Brewer, to write to
the member OF Congress and tell him 1t could not
be done. The law provided that the Postmaster
General should. In increasing service, have due
regard to prOductiveness and other circumstances
The prOductiveness OF this route for the quarter
ending March 3lst,. 1880, was $48. OF, and for the
year ended June 30th, 1879, was $216 50. For the
year ending June goth, $780, 1t went up to $42O but
on the 3Oth OF june 1884, it fell back to S2iO That
was small route, but 1t was worthy OF atten-
tfon In several respects, and particularly, that it
IS claimed that members OF Congress have the
right to say what routes should be established,
and an officer Is to be excused IL he deals with this
high influence. The increase OF expedition was
ordered at the request OF member OF Congress-
and when he asked that 1t be restored to the Old
schedule he was Snubbed.
Mr.. HENKLE, INTERRUPTING THE COURT,
said that the order on the route was made by
French, and not Brady.
"'Do this Brady was there" said Judge Wy
lie.
"The order was made by French insisted Mr.