Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-03-20
FROM WASHINGTON.
The STAR ROUTE TRIAL.


WAsHrxGros, Mar IS.
With today, began the sixteenth week Of
the star route trial When court adjourned
Friday last. the prosecution had just closed
the preliminary argument upon the pertinent
CIV of the question. A. to whether or not Bra
d. had any knowledge of the Price drifts.
This 10 regarded as an important point BY
both sides, for if the question is admitted, 1t
will probably lead to an admission of testi-
mopy BY Price, in support of the govern
ment's charge. The court in answer to the
question from Merrick, said thar it would al
low the government an opportunity to reply
to the arguments of defence. Turning to-
wards the court, Brady said positively !:
"Your honor. would prefer to answer that
question and all other similar questions My
lawyers and myself do not seem to have
taken the same grounds.
The court, however, said it would hear his
lawyers instead of him.
Davidge then began his argument with
statement of the offer. The court interrupt
ed and inquired if Merrick's offer was to
show only that the draft had been placed
upon the witness stand.
Merrick had placed it upon his desk and
given to him for a corrupt purpose. Dav-
ijge resumed his argument. He asserted
that the object of the offer was to defame and
injure the defendant with the intention of
affecting the jury by that defamation in the
case at issue. 1t had never been allowed to
be shown that a defendant had committed
another oifense than that for which he was
on trial for the purpose Of influencing that
case, unless il was shown that there was a
connection between them. Again if they
wanted to prove the general reputation of
witness, they should be debarred.
A. 81. I'll fl
some time, the jury was excused until after
recess. A recess was then taken.
When court had re-assembied, Henkle, of
the council for the defence, read from a
| number of authorities in support Of their ar
gument. The jury was excused from attend
ance for the day, and Merrick proceeded to
close the debate upon this point. Reading
from the record the language used by the
witness in direct examination, he asserted
that it justified the inquiry into the transac
tons connected with any or all of the star
| route, without regard to those mentioned in
the indictment.
Brady had stigmatized Welsh's testimony
as false, "a lie made out of whole cloth"
On his cross examination, the government
proposed to interrogate him relative to facts
sworn to BY Walsh. The court remarked
that this had not formed a part of the origin
al offer.
Merrick replied that he was aware of the
fact but he inteened to go into that subject,
and brought it up now. so as to save further
argument. The court had seemed to regard
the relevancy as the principal question in
this matter.
If the thing done by the defendant was
similar in time of occurrence and character
to the offenses charged in the indictment, it
was as entirely admissible as the proof of them
would be. 1t was not an offer to prove the
body of the crime, but to prove the motive
and sciente.
After recess, the court inquired why the evi
dence to support the offer had not been
offered in chief. Merrick answered that
there was more benefit to be derived from
the introduction of evidence now than if it
had been offered in chief. "He put his mo-
| tives forward said Merrick. land propose
| by the magic rod of truth to dissolve and dis
close his purpose"
Ingersoll made the closing argument upon
this subject for the defence. He said it was
not material in this case what Brady's mo-
tives were in making expedition in any other
case. 1t was not necessary to introduce sew
eral other cases to prove that Gen. Brady
knew it was wrong to swindle the govern
ment. You could not prove a man guilty OF
stealing by proving that he stole in a thou
sand other cases, no matter if he had stolen
in those cases. The presumption was that
he was innocent on the charge under trial.
Ingersoll commented upon the length of the
trial, that it might run into years.
The court said that the twelve candles still
burned.
| Ingersoll-I am willing to go on with the
eleven when one JUROR dies, and when the
last man dies, to take his administrator. Yes
| Ito Merrick) expect to survive, and the
case may drag along until the judge who
shall finally pass upon the case. will not re.
member even the name of Your Honor
| (Laughter)
In the course of the argument. the court
took occasion to enlighten the counsel with
regard to its position upon certain questions
| Speaking of Brady, he said that he may
| have been a very kind hearted man, and al
lowed members Of Congress to run over him
and get these orders at their will THAI
would have been weak but not criminal. II
he had been charged with receiving a bribe
the court would require direct evidence o.
that charge, and would not allow evidence o.
any other offence to be accepted in proof o.
of that charge. 1t was only his motives and
intentions that could make his acts criminal
He was on trial to show his purpose. Nc
proof that Brady had received bride in an
other case, could not be used! against Dorsey
or other defendants. The question wa.
whether the court could receive evidence o.
the payments to Brady by other contractors
whether his acts could not on their face b,
shown to be criminal acts by light thrown
upon its motives in other transactions. The
court wished it to be distinctly understood
that these points were only brought to the
attention of the counsel for their guidance
that the court had not made up its mind OF
the matter as yet.
Ingersoll said he might continue his argu
ment tomorrow.
The court then adjourned