Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-08-01
THE STAR ROUTE TRIAL
s'Su. Snerman. Senato! MaXey and
Ex.P0StmaSter General Key as Wit.
neSSeS,

defence in the star route case called Hon. Samuel
Maxey, Senator from Texas, to the stand. The
Senator said that for two years prior to 1881 he
was chairman Of the committee on post Offices and
post roads
Mr. Ingersoll having asked the Senator II he had
ever visited the Post Office department with the
view OF securing increase or expedition OF staI
route service,
Mr.. MERRICK OBJECTED
that there were no Texas routes included In the
indictment.
Mr.. Ingersoll said he proposed to show that the
Senator had talks with the Postmaster General as
to what would be the policy OF his administration;
he wanted to show that it was upon route
| In Texas that the policy OF the department
turned. 1t was the route from Fort Worth to
Yuma, and was the first route that was expedited.
planted by railroads. He wanted to show that
senator Maxey urged policy OF llberality to the
Mr.. Bliss said that the Fort Worth-to- Yuma
route was not expedited in 1879, and that the pol
Icy was not adopted then, for before that time
uerS 1or expedition had been made.
MR.. MERRICKs POINT
Mr.. Merrick said it was 1mmaterial what any
| member OF Congress thought OF the matter unless
that opinion was formulated into law. II it was
the opinion OF the legislators of this country that
Se
| 70 can senators and Representatives, from Ohio.
Indiana or other states to rebut this testimony
they urged upon the Second Assistant RHt POST POST
| master General? Would the individual opin-
Brady Of crminality? They had had two or three
stump speeches yesterday upon the subject OF ex-
pedition IN the west. The issue plainly made by
| side could find the greater number OF Senators or
| Representatives TO endorse IT. Counsel on the
auasi-1udicial function. Would this court defend
| lts decision by saying that Senators and Repre-
T. h and the
here was fraud, and the recommendations of Sem
a13rs or Representatlyes or the policy Of dlstln-
gulSned pubic men had no bearing upon 1t.
MR.. INGERsOLL,
referring to the report OF the congressional in
quiry into the star service, said the Fort Yuma
route was expedited August s. 1878.
.'The fiscal year 1S79," said Mr.. Bliss.
AN, you didn't say anything about fiscal year, -
| said Mr.. IngersolL
| II did, said Mr.. Bliss.
"NO, str,' said Mr.. IngersolL He proceeded to
state that after the policy Indicated had been
| urged by members Of Congress-, Congress sup
ported the policy by voting appropriations asked
| THE COURT NOT TRYING QUESTION OF POLICY But
A CRIME.
Judge Wylie said the court was not sitting to
| try any question Of policy. 1t was engaged in
| trying crime against the United States.
"An alleged crime," Interrupted Mr.. InyersoI
NO offender against the law" continued Judge
Wiley, "can screen himself by pleading that the
| Postmaster General or Senator's or Representa-
| tves urged a certain policy upon him. He had
the right under the law to expedite and increase
| service The policy of the government is to be
| found in its laws, and is to be measured by its
| laws and not otherwise The Supreme Court OF
the United States has deci ded that in the deter
| mination OF the laws themselves one cannot even
look at the debates in Congress. They say the
policy OF the government is expressed in the laws
| and the laws are not to be determined even by
the debates in their passage. They say this
policy was adopted by the Second Assistant Post
| master General under advice and it was the right
| tend to do with this case Lord Bacon defended
nlmSeH against the charge OF bribery on the
ground that his decisions were right; that he
took bribes for deciding right, but he was stripped
Yes" interrupted Mr.. Ingersoll, "but he admit
admitting that the policy was right" Judge
Wylie continued land suppose that the offence was,
ing. any more than the correctness of LORD Ba-
charge Of bribery"
fail unless corruption established; but II the
corruption was shown the policy urged by Sana-
the least
Ex-PosTMAsTER GENERAL KEY ON THE STAND
Senator Maxey then left the stan1, and the de-
| fence called Hon. D. NJ. Key, ex- Postmaster Gem
| eral, to the stand.
Mr.: Ingersoll addressed some inquiries tending
10 call out the policy urged by Mr.. Key, when
postmaster General, upon his Second Assistant,
but objection was made. The witness did not re-
member any special conversation about routes
mentioned in the Indictment.
Mr. Iotten argued that the witness should be
dllOWcu 10 StaCe what the general tenor his In
StructiOns to his SubOrdnates was
Judge Wylie remarked that the testimony for
the prosecution tended to show that the Post
master General was imposed upon, and now the
defence wanted to show that he was imposed
upon. Judge Wylie said he would admit the tes-
timony II 1t were confined to specific routes men,
Mr.. Ingersoll asked Mr.. Key II he decided the
question for MI. Brady whether the expedition
dited '' A0N'e' 'Ap'-
This provoked objection to the general nature of
the question, and another argument
Mr.. Ingersoll said that he proposed to show that
all the orders were signed by the Postmaster Gen.
Judge Wylie said that that would be proper
proof, and the defence could introduce the orders
Mr.. Ingerson thereupon asked for a subpoena
for the Postmaster General, to bring with him the
books in which " ritten all the order respect
ing Ing INCREASE @ and expdition for the years 1878,
Mr.. Ingersoll in his remarks said they would
show that the Postmaster General made these
orders sometimes after they were disapproved by
JUDGE KEYS CONVERSATION WITH BRADY.
Mr.. Ingersoll offered to prove that Judge Key
had conversations with Brady, in which he told
him that he Judge Key had given great atten-
tion to this question; that owing to the Indian
Mexican border, he had concluded to increase and
expedite the mail in order that the people OF that
IN ao1 ana De
more, that he told Brady that he regarded the
mails as great civilizer, and considered that the
&C.
Judge Wylie said this was merely evidence tend
ing to show the policy OF the department. and that
policy wa not on trial
Mr.. 1ngerSOll asked the witness
IF HE had EVER DETECTED BRADY
In endeavOrng to hide any paper or record relating
to these routes from him.
Objection was made to this by the government
and sustained by the court
Mr.. IngersOll asked the witness q number OF
questions respecting visits OF Congressman to urge
increased service, but the questions were excluded
under the general ruling OF the court Mr.. Inger-
soil asked some questions relating to the prepara-
uoG or the Postmaster Generals report to Con-
gress He offered to show what circumstances
were taken into consideration by the Postmaster
General other than the productiveness OF routes
In ordering the expedition Of service but the test
m0ny was ruled out
GEN. WIN. I. SHERMAN
was then called to the stand by Mr.. Ingersol who
handed him paper, which the witness read and
identified as petition for increase OF expedition
on route SS 113. which was endorsed by the witness
in March. 1881.
The witness said the facts that operated on his
mind in recommending this increase were the out
break OF the Indians In the White River country
| and the consequent operation OF the troops 1t
was to the interest OF the government to keep up
1