The Evening critic. [volume] (Washington, D.C.) 1881-1885, 1882-08-15
Willy WALSH'S
GAUzY STORY TORN TO PIECES

buOWiuB IL W w uDburuly lHlprODhDlc. MOL 10
put too fine point on 1t, ho shows that the
story is tissue OF falsehoods at once ridicu-
lous and malicious. Here are his remarks, as
printed In the Official record:
Upon what does any protonse of case rest
according to tho testimony hcro7 I imagine It
must DO upon tho testimony OF Mr.. Walsh. I
SEQ no other vostige OF evidence. 1t is the only
scintilla Of testimony that in any way i'm
pugns the official conduct OF General Brady. I
propose to discuss that testimony In twofold
aspect. shall not initiate the bad example OF
my friends on tho other side and uso hard
names. have no disposition to dcnounco tho
witness. A man Of fino personal presence, nne
physical power, man OF the most decided and
acute intellect, do not feel like denouncing
him nor abusing him, nor shall / do
1t. / con only feel as was said upon another
occasion OF another person, and under other
circumstances, that he possessed talents OF an
order that, II they had been differently devel-
oped, II HIS time had been well employed In
other directions, he would have been taught
honor, virtue, sense, and raised himself from
his present fate to govern mon and guide tho
what waIsh's Testimony Would
Amount TO, If II Were True.
What is that testimony, gentlemen He
says that he had an interview with General
reference to the monetary transactions be-
tween them. In the first Instance propose to
show what this testimony amounts to, II II is
mony. He says that he loaned Brady money;
that Brady had, from time to time, executed
his notes TO him for that money, and that he
went to sec General Brady and told him
that no was not In us good circumstances
as he had boon; that he had had
heavy losses and he wanted a settlement; that
Brady told him, lowe you nothing; have
given you valuable contract and you know
the rule OF this ofIlce-my rule-that whore
routes are expedited or trips Increased get 20
per cent; OF the expedition; you know 1t, or
should have known It, from tho Price and
Peterson drafts; you know that is my rule"
Well. now, admitting, for the sake of tho argu-
ment that Brady told Walsh that and that
Brady told the truth when he did say 30 to
walsh, does II prove, or tend to prove,
this conspiracy ? Does 1t not rather dis.
prove this conspiracy II 1t was Brady's rulo
and oil the contractors assented to IL as was
stated Brady told him, what was there TO con-
spire about? 1t was simply to walk up to tho
Captains oGlco and settle. 1t was extortion, a
crime under the law Of the land, but in no
conceivable sense conspiracy. II Walsh told
the truth, and Brady told the truth, and It was
fact, the Government have mistaken their
remedy. Their Indictment should have boon
for extortion, and General Brady should have
been put on trial for that. There is in that
statement, If 1t be true, no proof of con-
spiracy. On the contrary, the conspiracy Is
absolutely disproyed by tho statement. IL
was Brady's rule TO compel contractors to pay
him, II he stood there with moral club in his
make him deliver 20 per cent. Of tho oxpedi-
ton, then say that Is not conspiracy. / say
1t Is extortion, and II that fact be true 1t dis
proves the charge OF this indictment as clearly
as any proof under heaven can disprove 1t.
What is tho answer to that Is there any /?
The gentleman who opened this case, accord.
ing to the practice In such cases, was to open
the whole case, and from the beginning to tho
end OF II he mover argued for one moment that
there had been q conspiracy, and there was
particle OF Proof OF O conspiracy, and sup.
pose / might have finished my argument
where began, for as he introduced no such
topic in his argument was not compelled 10
reply to It,. He certainly did not, and there Is
such thing ever existed. Do gentlemen sup.
pose that this jury Will ind no difference be-
tween the crime OF extertion and conspiracy
Extortion is where an officer OF tho law with.
out law and without right compels parties
having business before him to pay him for the
performance of certain Official duties. That
is not conspiracy, nor is tho victim to
conceivable aspect of 1t, II would DO bribery.
Conspiracy is not bribery. 1t is very different.
1t takes two men, to BIO sure, where bribery ex-
ists-ono man to bride and another man 10 re-
ceive the bride; but 1t Is very different of
Tense from conspiracy. Do tho gentlemen
expect that they can indito man for high
treason and convict him OF murderG That you
can indite n man for highway robbery and con.
Wet him of larceny? That you can
indict man for burglary and convict
ofrenses against the law, but this is not tho
remedy that the Government has pursued.
This Is not the charge they have made. The
Limitation OF this indictment is tho law of this
case. 1t is conspiracy or II is nothing. /
might admit, for tho sake of argument, that
we had gotten up on the routes we owned
false and fraudulent petitions, upon every ono
Of them, and sent them on to the Postmaster
General. l might admit that we had made
false oaths upon every solitary route, and
Seni he% ADMIT IN s 6Gr %se and Miner
had done the Same thing upon every one OF
their routes; and then you would BIO no nearer
proving conspiracy than you are now. 1t is an
offense TO get up such papers for such pur-
poses, but 1t is not this offense. To prove this
offense there must BIO combination, concert OF
action, agreement and conspiracy upon these
various subjects named In the Indictment.
The Absurd Falsity OF Walsl's Story.
such conversation ever take place? Tho
man was on the stand as n witness. You saw
him, physically a powerful man. He looked
as game us a chlckencock. The proof was that
he had been IN the Confederate army for four
years; and although was not In that army l
saw a great many people that were In 1t,
quite us many rs wanted to, and found them
quite as game as ! wanted to lind them. He
presented himself on the stand, a man that
would weigh about two hundred pounds In
the middle I, of life, Just in his prime
of determination, of power, and OF
force. He goes to see General Brady. General
Brady owes him $4,000 in round numbers.
He has the notes in his pocket. Ho takes them
out and lays them down with what he calls
the data; / suppose the addition. While they
arc talking about this thing, and, according TO
his testimony, very early In the conversation,
Brady begins TO show that he don't think he
owes Walsh anything. Walsh tolls him when
he comes there that tho reason he has come Is
that he has had heavy losses, he is pressed, no
is not as prosperous as he was, and he wants a
settlement; that ~, he wants money. Early In
tho conversation Brady begins 10 show him
In the most unmistakable way that no Is not
going to give him any money. Tho notes were
lying on the table and Brady picks them up
"What do YOU mean by that2 Explain.
Brady says; ~ mean TO settle this thing. My
orders have paid you for this money. These
notes were matters OF form. / do not intend
you shall bother me any more with them"
am not repeating tho testimony verbatim, but
simply tho idea. He puts these notes IN his
pocket then, and Walsh goes on to argue the
You at all, 20 per cent. Is an enormou;
sum. The business Will not justify
TO pay you at ALL" But no finally concludes tC
go away and leaves him in that amicable
Christian way. Now, gentlemen, Is there
man on that jury who believes that mar
with desperate fortunes, trained to blood ant
other man to steal $4,000 In notes from hin
In his presence and tell him thatit was pay
mont, and that a man whose fortunes were
sinking, and who needs money, would no
have sprung at him and caught HIN
by tho throat as Bengal tigel
would spring upon him? Gentlemen, 4
is inconceivable. No such thing ever could
have taken place, according TO tho current o.
human action and the character OF human
nature. And that Is notall He went away
and never told anybody about II. lie brought
two suits and nevor mentioned It. His lip