National Republican., 1882-12-27
Jurors HOlmead and Martin Testify as to the
Paper Read in the Jury Room.
Sharp Words Between Dickson and
Special Counsel Wells.
An Expression Of Opinion From Judge Smell as to His
Judgment in the Case.
re Thinks IL Unnecessary to Prove Dick
sons Good Character, but Admits 1t.

which could have no weight with the court
Mr.. Dickson was then recalled for further
cross-examination by the prosecution, and
proceeded to detail the efforts he had made to
secure Bowen's arrest. He said that on Sep
tember IL last, he made application to Assist
ant District Attorney Moore for warrant, at
the same time presenting list of witnesses
Mr.. Moore was about to issue the warrant
when the papers were taken from him by the
district attorney and the conduct of the in
vestigation transferred to Mr.. Wells. Witness
afterward applied to the district attorney and
that falling wrote a complaint to the foreman
of the grand jury, for which he was censured
by Judge Wylie. Witness denied saying
that he had spoken with the attorney general
Heative to the star route case during the
tendency of the trial. He had spoken to him
on other subjects.
Judge Cuppy objected at first to the line of
inquiry, but said that now Mr.. Wells had
gone into it, he would bring out the fact that
he had been approached, and spoken to by
government counsel in that case.
Touching his conversations with the attor
ney general, witness said that just after Mr..
Bliss had opened the case Mr.. Ker said to wit
ness,
CHILLY, YOU KNOW THE ATTORNEY GEN
ERAL?"
Witness answered that he had known him
from early boyhood. Mr. Ker said he wanted
witness to meet him, and accompanied wit
ness across the room to where the attorney
general stood, and introduced him. The at
torney general started and said I" Is this
not the foreman of the jury?" Mr.. Ker an
swered in the affirmative, when the attorney
general said: "It is highly improper for
you to introduce him to me during this
trial. I should be glad to sec him after its
conclusion" He then censured Mr.. Ker for
making the introduction. Witness afterward
met the attorney general in Pullman car,
and had a short conversation with him. Mr..
Wells referred to witness statement that he
had furnished the assistant district attorney
with list of witnesses to support his
charges. Witness said that on September 49,
he had written to the attorney general, call
ing his attention to the fact that he had
furnished the district attorney with a sworn
statement. Several illnatured remarks were
exchanged between the witness and Mr.
Wells, and the court was compelled to call
them to order
MR.. WELLS DEMANDED or THE WITNESS
an explanation of his assertion that his inves-
tigation had been circumScribed. Witness
answered that he meant that every one who
could throw shadow of calumny against him
had been called upon, while men who could
throw light upon the matter-upon Bowen's
Character-were not heard. Mr.. Wells denied
the truth of the allegation, and declared that
he had heard from all Of DiclsOn's witnesses
either directly or through sworn statements.
The court endeavored to recall the examine
ton to its proper confines, saying that the
questions were not pertinent to the subject
under investigation. Mr.. Wells inquired the
names of the detectives who had been referred
to by the witness as aiding him Wells in the
preparation of his report He promptly an
swered, Wallace Kirby, George IL. Moore,
and little penitentiary convict named Billy
Russell from Philadelphia"
Mr.. Wells. Il want to say that no detec-
tive from Philadelphia or no other place on
Gods earth has reported to me-"
Judge Cuppy (sarcastically). 81 am glad
you have testified at last"
Another long discussion followed in refer
ercnce to the witness attempt to secure a
warrant for BOwcn's arrest from the police
court, and defendants counsel asserted that
they would have been guilty of contempt if
they had pushed the efforts in that direction
further In answer to Mr.. Smith the court
oaid Bowen was under bonds Mr.. Smith
turned to Mr.. Wells and inquired, "Do you
intend to prosecute him for perjury"
Mr.. Wells. No, for 1 believe he testified
truly.
Mr.. Smith. Why then did you place him
Hnder bonds?
Mr.. Wells. Because we want him for the
noNt trial. Do you want to know when that
will be?
Judge Cuppy. Yes.
Mr.. Wells. As soon as | can get at it.
Witness said he first learned from Bowen
that the attorney general was to deliver an
address to the jury. 1t was not then gener-
ally known that he would do so; it was an
unsettled point. This concluded the exami-
nation of the witness, and with an apology to
the court for his display Of temper Mr.. Dick
son stepped down.
WILLIAM HoLMEAD, ONE OF THE STAR ROUTE
JURORS,
was next called, and described the occurrences
at the jury room. He said that, shortly after
they retired, McNelly jumped up excitedly
and said, If those men are not guilty, why
did they try to bribe jurors? Dickson asked
What he meant and McNelly told of an ap-
proach Dickson produced his paper, and
vote was taken upon the question OF reading
it, There was only one vote. McNelly was
the only one who opposed the reading He
believed that Dickson said he would not read
the paper without the consent of the jury.
The paper was not read as part of the evidence
in the case, nor was itso discussed. 1t was dis
cussed as IL side issue, and did not effect the
mind Of the witness either way.
Mr.. Smith asked what the social relations
were between the jurors in their room,
Objection was made.
Mr.. Smith declared that McNelly himself
had sworn that he was then friendly to Dick
son, and yet had taken out this warrant on
October27. Why this afterclap-this change
of feeling?
THE COURT REFUSED TO ALLOW THE CUES
TIoN.
A question was then put to the witness con-
cerning statements made by other jurors.
Mr.. Wells objected to a recital of the
other jurors statements concerning ap-
prOaches, although the defense declared it to
be material part of the investigation, The
court said that it was not his duty as an ex-
amining magistrate to go into these details. |
That remained for the grand jury, or the jury
trying the case. He thought the idea that
prevailed in the jury room that somebody
connected with the department of justice had |
been talking to the Jurors was a very bad idea !
to become prevalent. 1t had a demoralizing |
effect. 1t was wrong. 1t had no business |
there He did not believe for an instant that |
the department of justice ever sent anybody |
on such business. He did not mean to say |
that some fool or knave might not assume to |
betray the government, but the government |
was not to be responsible for that He did |
not think that matters of excuse, which might |
be offered to justify Dickson for reading the |
paper would have any effect upon his judg- |.
ment.
Judge Cuppy trusted that the court would |
withhold the expression of its opinion until |
the evidence was all in.
The court OF course l am not rendering |
final opinion in the case. am simply trying |
to maintain the fountains of justice in their
purity. / must hold up the standards of
Justice, l cannot take account of mans |
mistake.
Judge Cuppy If your honor means to init
mate that you intend TO decide this case on
nroOfs W oh may he sr Inn ttad tand inn 10 abov