The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-05-09


cluding remarks made n particularly bitter
attack upon Brady, and then turned upon
the other defendants. The overt acts
charged against them were called to the
memory OF the jury in succinct Summary
of the evidence. This prosecution. said
Bliss, "is intended to protect the iurv
Such trials must necessarily take place In
this city, and the eyes of the country are
upon this trial TO ascertain II Jury could
be found in the district capable of under.
standing case of this magnitude, and able
honestly to do their duty without fear"
Bliss then took his seat and Merrlck
said: The government has closed its
opening" The pause which ensued was
broken by Wilson, who said. "YonT
honor, desire to know if the government
will claim two arguments in closing.n
Merrick answered "yes," and as show.
ing the sentiments of the attorney general
read a personal letter to hun from Brewste +
dated April 9th. The attorney general re.
iers to the conference he had with Merrick
on the subject of the closing argument. and
says It's been his intention TO take part in
the closing. He could not attend in court
because OF the press OF official business,
but has informed himself OF
the proceedings had, and hopes the same
arrangements would be adopted as were
had in the former trial. He wished TO have
the case thoroughly tried by lawful means
TO In" lawful end, to prove that u man is
amenable To law, no matter how high his
position. lie directs Merrick to ask the
court to allow the government two closing
Arguments, for it is his conviction they are
entitled to it in this, of all other cases. If
the court declines to allow the motion, then
he (he attorney generaD is necessarily ex.
cluded. This is due to Merrick, who knows
the case so thoroughly and has borne
the brunt OF the long and arduous prosecu-
tion. Hewill not supercede him, but if the
court should grant the request. and the de
iense las they have threatened) should re.
fuse to make argument, then he the attor-
ney general) will withdraw; for, although
they deserve the punishment they would
draw on their heads by pursuing that
course, he will not have case of this mag
nitude go to the Jury without allowing the
defense the benefit of all that can be said in
their behalf MerricK added he had con.
ferred with Wilson, and that gentleman had
declared he would refuse to argue In case
the government were allowed two closing
arguments.
lngersoll. in answer to q request from the
oouri; made protest against the motion to
allow two arguments, aud was seconded by
Wilson.
The court said that it had seen nothing
to satisfy its mind that there was any
reason, such as sickness or absence of coun
sci, that would justify this departure from
established practice in such matters. Ii
was the universal rule in such cases to
allow but one reply to the government and
that order would be preserved in this case.
VI course such matters were within the dis
cretion OF the court and were not sub.
lected to appeal, but the courts discretion
Is Not mere whimsical practice, and it has
no reason for departing from the usual
practice.
Henkle then requested adjournment in
order TO allow the defense to conier with re.
gard to the course they would pursue.
Bliss objected.
lngersoll said he had been taken by sur,
prise by Bliss closing and therefore sec.
Dnded the request for adjournment. The
court reminded them that lss had given
notice that he would close to-day.
lngersoll-'Ahl had notice last Wednes-
day, and came down to hear hm close and
have been down every day since for the
same purpose" ILaughter.l Ingersoll ex-
planned that perhaps the defense would ar
'ange To make place for the attorney -gen-
sraI, They did not want to deprive the eov-
.rnment OF the service of its highest officer |
Bliss-"You have changed your mind |
rom Dorsey's view when he went to see
Garfield"
Ingersoll-"This is different one.n
In answer to Ingersoll's suggestion that |
he defense might arrange place for the |
VI tlorney general, Merrick said he should |
tiuse to enter into any arrangement with |
he defense, as they had uniformly rejected
iis proposition.
That's what we want" retor,ed Inger.
oil; ito make them responsible for keep
ng out the attorney general"
Amer some further DEBATE the court grant.
I'd Henkle's r.ques' and adjourned.