Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-08-25
SPOUTING BY MR. MERRICK.
He Points Ont the Guilty Ones and 6ug
eests They be Not Allowed to Escspe-A
Descent Into Eloquencs-A Cool swindie
In the Treasury Department Exposed
General Capital News. 81 sai
Esoquenee by Merrtck.

4 COQ HcuCc. Oy SAScsTtChs
WASHINGTON, Aug. 24.-This morning
Merrick, counsel for the prosecution in the
star route trial, began his address to the jury.
Before this jury was sworn in May last,h said
when we were discussing the technical ques-
tions raised by defendants on the Indictment
interposed in the hope that their conduct
might never be subject to an inquiry before a
jury, stated In my. view the prosecuting
officer Of The government was never to ask
for verdict OF guilty, unless where he be.
lieved criminality b I'd been clearly and satis-
factorily proved, and further stated that
when the evidence had been submitted to the
jury, that would assume the responsibility
extent by declaring that as to any one OF the
defendants in regard to whom l. believed the
proof did not show guilt beyond
q reasonable doubt. ] should SO state
to the jury, and In regard
to any Of the others whom the proof estab.
lished as guilty, would demand conviction.
Now, in execution of that purpose thus de-
clared, and in the performance Of that duty,
as understand it, and IN the name Of the gov
ernment of the United States, demand from
this jury o verdict Of guilty against John W.
Dorsey, John r. Miner, Stephen W. Dorsey,
II. NJ. Vale, Montford G. Reerdell and Thos.
j. Brady. In regard to Turner, the evidence
does not leave my mind free from doubt, and
while do not believe him unstained by Grim!
nal conduct, do not believe these men in
troduced him to their confidence and made
him familiar with the eecrets OF their con.
spiracy. For him, therefore, repentance and
reflection is all that / think necessary.
Mr.. Merrick then argued that it was not
necessary, as contended by the defense, to
show that conspiracy existed during the
time embraced in the indictment. II it were
proved that there had been aconspiracy before
the 23d of May, 1879, and there was no ex-
PLANTATION as to when it ceased to be q con-
spiracy, the minds of the jury could not be
satisfied that 1t has not continued to be a con-
spiracy down to that time. The prosecu.
ton had shown that q conspiracy existed in
1877 and 1878, and the presumption naturally
arose that it was conspiracy in 1879, pre-
sumption which was made conclusive when it
was shown that subsequent to 1879
the conspirators were doing acts of mutual
and reciprocal benefit. The conspirators'
purpose was theiving They stole half mil
lion year, eating like canker in the heart
of their country and the prosecution came to
pluck it out in order that the tree might
flourish and resist the storm.
Merrick then dwelt on Stephen W. Dorsey's
connection with the conspiracy. Merrick
assured the jury that from the 1st of July,
1875 the conspirators had been robbing the
April, 1879, less than one month after Dorsey
had left the senate, he had come out full
fedged robber Of the treasury and sat with
the other conspirators at the board where the
plunder was divided. Mr.. Merrick then laid
down his next point, that if the conspiracy
was found to exist, any division Of property
which formed the subject matter
Of the conspiracy could not relieve
the parties from their joint
liability, and If that compensation were found
to exist for lawful purposes and subsequent
division Of profitsy and if 1t was further found
that thereafter there was an interchange of
efforts by the several parties. through unlaw.
full means, to enhance the value of property
to several parties, such illegal efforts were
evidence of conspiracy. He would show the
jury that after the 1st of April, 1879, this per-
fectly innocent person, Stephen w. Dorsey,
who now sheltered himself behind the skirts
of his wife, CO operated with the other parties
by false afidavits to get an increase and en-
hancement in the value of their respective dis.
tribHtive shares. He would show that when
they divided the plumber they also divided the
burglarious tools The next legal proposition
laid down was that if the jury found that
Brady, in the performance of his duty as ex-
ecutive officer, knowingly, deliberately and
purposely, allowed for any expedition great
er sum than according to the testimony before
him was necessary, it was circumstance
strongly tending to establish the charge of
corrupt motive on his part. Mr.. Merrick also
advanced the proposition that the filing of pa
pers in the office of the government with the
intent to deceive any government officer, was
crime under the law. Court adjourned be.
fore Mr.. Merrick concluded his address.