Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-09-09
WHEEIING w. VA SATURDAY MORNING. SEPTEMBER 1882.

the only way in which this conspiracy
could be made out was by the circumstan-
ces following the actual swindling opera
tons There was one thing further he
wished TO refer to. Among the prayers was
one to the effect that if it appeared that
genuine papers appeared among fraudulent
papers filed in connection with a route,
then the order for exhibition or increase
must be attributed to the influence Of the
genuine papers. Such doctrine o..
''n Could Not Ee Tolerated.
The bad could not be saved by good, and
vice versa. Parties committing frauds
often found it TO their advantage ID use
some truth in their operations. Lies were
OF so impish a nature that they varred
among themselves as we'll ss being incon-
sistent with truth. Fraud was not always
falSehOod, for he had seen fraud of the
most abOminable character with line OF
truth tnat could be worked in the better
chance OF success. II you find man en-
ploying 10Th truth and falsehood in the
commissioned fraud his offense is even
more heinous. This was about all he
should say at this time. He wished finally
to remind the jury OF the difference be
tween their position and his own. II they
believed the charge against defendants not
made out without a reasonable doubt, then
they should acauit them without regard to
any clamor or
Any Opinion OF the World.
He should refuse to follow his conscience.
On the other hand their duty to their coun-
try required them to bring in a verdict of
guilty, if they so believed. Yesterdays oc-
currences required a passing remark. II
his information was true then there were
men engaged in fixing the jury. 1t was
natural that jurors SO approached should
feel indignant, but they must not let that
interfere with their calm displssionate
judgment. Let them be so tue to them
selves as to refuse to allow themselves to be
influenced by these considerations.
Col. lngerSoll rose and asked the Court If
it was within his power to direct the jurors
to freely and fully communicate to
one another all of the information
they. possessed touching these attempts at
bribery.
jude Wylie answered that he did not
wish that inquiry started in the jury room.
He would further say that the law forbid
jurors carrying into their rooms any
notes, which he had perceived
they had made
General Hepkle desired
An Immediate Investigation
Of the facts connected with the attempt to
bribe the jurc~S and the punishment OF the
guilty partier He also noted a number OF
Exceptions to the charge of the court.
Judge Wy lie interrupted the reading to
pass upon a prayer which he s1id he had
forgotten. 1t relates to Vaile and asserts
that he connOt be held responsible for acts
done before he came into the combination.
So long as man pYofited by the conspiracy,
he was connected Sith it. If Miner soil in
terests in contracts to Vaile, the
latter knowing the circumstances sur
them, he was equally guilty.
This portion Of the charge was also eX-
ceDted to by Gen. Henkle, who called the
attention of the Court to several of his
prayers which he said had not been passed
upon in the charges.
The Court asserted that he had passed
upon them in general way. Referring to
one of the prayers he said he did not be-
lieye in the interference of the
OF Congress aud Generals OF
the Army
in these matters, and the law only should be
the guide followed by the Postmaster Gen.
eral When the General of the Army came
here and said he thought avery little min
ing camp in the Rocky mountains was en-
titled to daily mail service, the jury must
not accept that opinion as the la". We
should have a wretchea condition of ad-
affairs if public officers were to
De RulNfu Dy lD6 duNlSc vi,
Of Congress, even when consistent
with public gooG.
General Henkle AID Col. Tallen then
went on at great length to point out what
they regarded as neglected prayers, the
fnefrf "iYlfst t-eftseNstS O"EA,A5
so much time, it was nearly .
o O'clock when the }ary retired.
A recess until o'clock was then taken,at
which time the jury was ordered to report
The Jury Heard From.
Shortly after the appointed hour the
Judge took his seat ana the jury was sum-
moned. The Clerk inquired:
"Gentlcmen of the jury, have you agreed
upon a verdict
Foreman Dickson answered:
"We have not,except os to one OF the oe-
PENDANTS"
The Court-"That will do. You had bet
ter take YOUR seats until the counsel for the
Government comes in"
Bliss and Kerr ca Ae into court at th.s
mCmert and were informed of the condl-
SON of affairs. Bliss said he did not see
what was e:uected of the Government
counsel The court then directed the luiy
TO retire for Irrther deliberation, saying:
perhaps by tomorrow they would ma
arothcr verdict" They were cautioned to
5,varp OF Jury fixers" The marshal was
4: ,ected 10 find suitable accommodations
fo- the Jury during the night, anf. recess
was taken until te-morroT morning at ten
o'clock,