Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-07-21
ARGUMENT ENDED
Upon the Admission Of Walsh's State.
ment and Rerdell's Confession, Upon
Which Everything Depends,
As Evidence in the star-Route Trials
The Decision Probably to be
Rendered To-Day

WASHINGTON, July 10.-lh t Nitninsl
Court this morning Ingersoh LesuE S. argu-
ment for the defendants ID tHT rotalr,foute
cases. e pom the admisssbilhy OF "aish's EVIL
dence, IugersolI affirmed three propositions
first, that the confession Oh a lsiio" con-
spirator cannot be accepted against an asso-
ciate; second, that the cohesion cannot be
used against himself until the conspiracy has
been otherwise proved, and tnlro' 'nat the
confession of acis not done IN tue inrtheI-
ance of the object of the conspiracy cannot
be received He argued these points briefly,
and was followed By Wilson on Inc same
side. AT the conclusion OF wilson's remarks
General Henkle took up the argument, and
while he was speaking Attorney -1eneral
Brewster entered the court roo" anu 'ooS
seat at the prosecution table
When Mr.. Hinkle finished tDe deienSe an
nounced that they had closed their argu-
ment upon the point under discussion, and
Mr.. Merrick began the closing argument for
the prosecution. He said thai IN lhis Gaze he
felt a more than usual interest, because OF Its
prominence the eyes of all people had been
drawn toward the government omcers- be
wished il distinctly undrrstood tnat tne evil
dence of the witness Walsh was only Of
fered against Brady, and 1t was proper Tor
the court 10 direct the jury not 10 ai'o" IL 10
influence their decision so lar as the oeieno-
were COHCeTnSu. 4ucAS
confession made TO the encouragement OF
the United States-the Rerdell confession,
which stood nearly upon the same ground.
When the proffer was made OF that evidence
1T an early stage of the case. 1t had peen
ruled out on the ground that conspiracy mad
not been made out; but on yesterday tne
Court held there was sufficient evidence upon
which to submit the case 10 the
jury; II was not necessary to make OUT
prinaa faeie case in a criminal case; that was
only required in civil suit. Just so soon
as the adduced evidence was suthcient to
convict two persons of csnspir acy, that mo-
ment it justified the introduction OF admis-
sions of one or both of them. He would lay
down one proposition sgainst which not one
shadow OF authority had been produced; 1t
was that person could be convicted on his
own admissions.
General Henckle inquired If he meant
even before the establishment OF the con-
spiracy.
Merrick answered that the Court had al
ready decided that a conspiracy had been
that point had been settled.
Now, the evidence was not that OF third
person, it was the dieect admission OF one OF
the coHspirstors.
Mr.. Merrick was interrupted by the attor-
ney-general, who was about to leave the
court, and turning TO Judge Wylie, apollo
gized for being compelled to leave and for
his absence during the trial. II dvnit-ri
my absence to be construed into indifference
this case" said Mr.. Brewster. 1T
is only by compulsion OF other engagements
that have been prevented from taking an
active part in the case at sll." we have
gotten along very we'll" said the Court.
81 am cure you have done better than
most people expected" replied the attorney
general as he left the room.
Mr.. Merrick tn IN continued his argument
until recess, and resumed it after recess.
After party had confess ed against him.
self, said Merrick, if there was no evidence
against the other parties when the case came
TO the jury, the court might direct an acquit-
tai, for one man could not conspire; but in
this case the Court had held that there was
sufficient evidence against the other parties
10 go to the jury.
The Court said he understood the evidence
was offered emily as against Brady. If that
vas evidence now, 1t was evidence at the be-
ginning; SO that if conspiracy could be es-
by mans confession, it may be
established at auy stage OF the case. If
here was no acknowledgement from Brady
hat he was conspirator, or from others
that they were conspirators, the prosecution
would have been unable 10 make out a con-
,piracy by making out. one harmonious
whole. The question was whether man
,ould admit himself into conspiracy.
Merrick then proceeded with his argu-
nent. He read Walsh's statement, and said
whenever evidence was produced that Miner
lad made false affidavit, or that Rerdell
lad formed a petition. Wilson would ex-
lain, allow does this show Brady's motiye?"
This evidence would bring home that guilty
TO Brady; il would show how he
lad corrupted the entire department, and
lad fattened on the public taxes. There
we're only ninety-three routes upon which
Expedition had been ordered; and only these
ad been the object of his tender care. Boone
Iad 90 of the routes, and never had one of
hem expedited; because he did not pay for
t. Defendants paid for it, and got
t. Walsh loaned Brady money, and |
brady thought it was pay and expedited
is route. When he discovered that |
Walsh had not so paid, he was crushed out. |
the testimony was BOT direct, it tended that |
neither or not, after hearing this statement |
caring that Brady got twenty per cent of |
he expedition upon all routes-he did not |
elieve it did have bearing upon these par
cular routes. 1t should go to the jury for |
though it might make direct |
vidence. In conclusion, Merrick said he |
id not think Walsh's evidence could be ex- |
uded, SO far as Brady was concerned, under |
ny rule on evidence, but he would submit il |
the judgment of the court.
Under the ruling of the Court the defense
ere allowed to reply to the authorities
uoted by Merrick, and Chandler argued
!. length upon them. He maintained that
nder the peculiar description which applied
the case by the indictment, all or none of
Ie defendants must be convicted. They
'uld not be divided up, SO as to say this or
at two were guilty. OF course it was con-
ded that one could not be convicted. so
somebody other than Brady
ould be affected by the evidence. For the
ct year, said Chandler, it has been his for
ne to witness the government rolling up its
seves, splitting upon-its hands and prepar-
g for some terrific conflict, and utiering
ords of bravado, but il was "a well for them
win their victory before Growing over il.
At the close of Chandeliers remarks which
Deed argument upon the question for both
1es, the court adjourned. A decision will
obably berendered tomorrow.