Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-05-09
STAR ROUTE TRIAL SCENES.
Mr. Wilson Begins His address.
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When Judge Wylie's court met this rnornine
Mr.. Wilson took his place before the Jury, ready
to begin his argument Before he began Mr. Mer
rick suggested that counsel should now place IL
the hands of the court their prayers on which
they desired the court to instruct the jury Aftel
some discussion Judge Wylie decided it best tt
receive the prayers at the close Of the arguments
A LTTTLE sPAT BETWEEN COUNSEL.
Mr. Merrick having addressed some remark.
aside to Mr. Wilson as to how long the defense
would occupy, Mr.. Davldge spoke up and said
"We will stop on our side when we think we have
said enough"
"There was no OCCASION" said Mr Merrick. "fol
that public and ungentlemanly remark, as what
had to say said to Mr.. Wilson In private cOnver
sation. asked Mr.. Wilson how long time would
be occupied, so that could know what arrange
fairs"
II understand" said Judge wylie, "that the de.
they have exhausted the case"
"At least,'' said MI. Davidge, 1--WE wont talk seven
days apiece"
MR. WILSON'S OPENING REMARKS
Mr.. Wilson then began his argument, observing
by way of Introduction that If length of speech
will give fame. certainly the gentlemen who had
preceded him would be immortal. He disclaimed
any intention on his own part to achieve immor.
tality In that way. He referred to MeSsra Kel
instance OF an effort to prejudice the Jury he re.
ferred to a remark by Mr. Her that he mi. VIII
sony and other lawyers for the defense were re-
ceivlng enormous fees from the defendants.
COUNSEL FEES.
MI. Ker had based this remark on an item which
appeared for the first time, so far as the speaker
knew, In Philadelphia paper. MIR. Ker lived In
Philadelphia, and 1t night have been that he him.
self had inspired either to form the basis OF q
statement to the jury to break the force OF the
aaeveiopments made by certain Senator in open
side. The government, it had been shown. had
expended more than 5000 600 in the prosecution of
this case but he did not consider that these mat
terS nad anything to do with the merits of this
case So far as he was concerned he did not ex-
Pect TO get any such fees as Mr.. Ker stated from
ms cenf What he did expect to get was Of no
M. wilson read his address from manuscript,
ana the exordum was o very gracefully worded
ciomposIlon, ad1uring the jury against popular
The government, he declared, had rot sought a
1air and impartial trial On the contrary. there
spiracy to 1njure these defendants He referred
70 what he called bargain with Rerdell to sit
win WI the defendants and challenge four Jurors in
1uror-fxersl" exclaimed Mr.. wilson: "there's
jury liking for you"
49,, ~ simply ask the counsel to give the page on
which that testimony is found" said Mr.. Ker,
rising.
!" 1t is in Rerdelrs testimony" said Mr.. Da-
Mr.. Wilson was about to 20 ahead without pay
Ing attention to what Mr.. Ker asked.
JUDGE wYLIE WOULD LIKE TO SEE IT.
Judge Wylie said" Well, should like to see
that"
Mr.. 1ngersoll found the portion OF Rerdell's tes-
t1mony In which he said he had made the propo-
sltlon to Mr. Blackmar to sit with the defendants
ana challenge jurors, but had spoken TO none OF
the counsel for the prosecution.
Mr.: Wilson proceeding, said he had not said
nor with the counsel for the prosecution. The
government had not disclaimed It There were
other government officials about this town who
knowing anything about it. He declared It an
act OF unparalleled infamy-a desperately wicke d
combination.
-! want to understand about that" said Judge
wye II understand that he had but one per-
emptory challenge"
NO CHALLENGE BY RKRDELL
After some discussion, 1t transpred that under
the ruling of the court considering the defendants
as one, Rerdel had not been able to challenge any
jurymen.
'Then," said Judge Wylie, "the amount OF it
Was this, that he exercised no effective challenge
In the case. He attempted to exercise the chal-
lenge In one instance but the court prohibited it
My mind Is considerably relieved regarding the
tSa OF the ury
out an overt act 1t was not, he said, very credit
able to Rerdell.
Nor to the government" said Mr. Ingersoll
was s,6 20 ,da tne government agent whoever he
o, "The government always acts through agents" {"
But" said Judge wyle, 'she has not produced
any government commission. l shall certainly
not presume that anyone employed by the govern
ment would be authorized to attempt anything Of
that sort. am good deal relieved by the in
FORMATION that the autempt to influence the
lzat1on OF the jury was Intellectual"
ION, let me so on" said Mr.. Wilson.
Mr. WILSON ON JURY-PACKING.
MI. Wilson then continued for some minutes
more, denouncing what he called an attempt at
jury packing on the part of the government, en-
phaSZlng the fact that counsel for the prosecution
had never disclaimed it.
Mr.. KER's EMPHATIC DISCLAIMER.
Mr. Ker, who was the only one OF the counsel for
the government present, again arising said that he
had not thought, in view OF the character of the
counsel engaged In the prosecution, he had not
believed the court would consider a disclaimer
necessary 81 will now say" he continued, "thar
we never knew OF such conversation, good, bad
such statements warn him that he shall receive
from the succeeding counsel statement such as
he shall regret. 1t will be unmerciful."
MT wilson said that he supposed such thing
"oqio e,qi Oe dlsclaimed or explained instantly.
ut was explained" said Judge Wyle, '.in the
re-examination OF RerdelE"
Mr Wilson then proceeded with his address
Inc usual recess was taken.
STAR ROUTE NOTES
Inc ORDER or the addresses to be delivered by
the counsel for the defense, as at present agreed
upon. Is as follows: Mr.. Wilson, Mr. CARPENTER.
MI. Wllllams, Mr.. Henkle, Mr.. David2e and Mr..
chandler This order may be changed.
~>>--
General Crooks Position.