Savannah morning news. [volume] (Savannah) 1868-1887, 1883-06-11
STAR REUTERS CLOSING.
THE BITTER FIGHT OVER THE
JUDGES CHARGE.

JODOE'S CHARGE.
cunning Devices by the Defense-Pros.
poets That the Charge Will Be Against
the Defendants-A Verdict of so,na
Sort the Judges Aim-The ProDosed
Arbitration.
WASHINGTON, June 1O.-Mr. Merrick
having concluded his nine davs' argu-
ment to the jury in the star route case
and the court having adjourned until
Monday, the arguments by the prosecu-
ton and defense will be heard tomorrow
upon the prayers for the instructions TO
the jury. In his argument Mr.. Merrick
mas probably outlined the PRAYERS of the
prosecution, and if they are approved by
the court it is likely that the final charge
TO the jury will be strongly against the
defendants Undoubtedly the PRAYER in
pehalI OF the defense will be skillfulIy
framed ana VIII strike at the vitality of
the indictment. Not much hope is enter
tanned on thatside of a favorable recen-
Ilon OF their prayers, many of which are
formulated for the purpose of securing
| exceptions Tor use in case of an aDDeai.
ShOuld the court reject them the defense
VIII probably maintain that the statute
Oh limitation has run against this
I
| mas practically decided that Doint
so far as his court is concerned. The
counsel have promised to limit their ar
guments to Monday, but this trial has not
Deen remarkable for promises performed.
Should they adhere to this agreement.
however, Judge Wylie will charge the
jury Tuesday one day only was thus Oc
cupled IN the first trial), and it may re-
! tire to consider the verdict on that dav
In0IcHfIOnG I,, n 1
out considerable time, and Judge Wvlie
seems disposed to use all his power TO
secure verdict of some kind-in other
words to prevent a disagreement.
A curious feature of this case is the 30.
sltlon occupied by informer Rerdell. lie
has confessed himself guilty, yet should
the jury acquit the other Defendants if
would have the effect of setting aside his
plea OF guilty of conspiracy, and thus. in
a negative way, declare him to be innocent
OF the charge of WHICH he has admitted
himself guilty.
On June Il, 1882, agreements
were made between Col. George
Bliss, Assistant United States At
torney, and II. &. IIgersOll, attorney
for Messrs. Salisbury, Parker ard others
interested in each of these combinations
OF star route contractors, to refer the
claims of the government for ALLEGED
OYer-paymentS on routes No. 3j,040 from
Fargo to Pembina, Dakota: No. 36.I2S.
from Silver Bow to New Chicago, Mon
tana; No. 40. 1872, from Wells to Hamilton,
Nevada; No. 6,l20, from Soledaled to
NeWhall, California, and No. 80, ,024. from
Ninita, Indian Territory, to Los Vegas.
New Mexico, to Richard A. Elmer.
Second Assistant Postmaster General.
Col. George Bliss or any one that might
be designated by him, and Robert G. In
gersoll, or any one that might be desig-
mated by him. Copies of the agreements
were transmitted to Postmaster Elmer by
Col. Bliss, with letter, October %. 1885
and on November a, 1882, the original
agreements were also transmitted with n
letter from Col. Bliss, substituting II. ID.
Lyman in his place. The arbitration
however, dld not proceed, because it was
found necessary to obtain addi-
tiOnal information on two of the
routes embraced in the submission. and
this information Mr.. Elmer proceeded to
obtain. lie has secured it upon one
route, and has not completed his in
quiries on the other. During the progress
of these inquiries, Mr.. Elmer. bv letter.
directed the attention of Postmaster Gene
raj Howe to the provisions of section 1867
of the Revised Statutes, which declares i'm
substance that when any sums have been
wrOngfully paid by reason of false state
mentS in the mail service, the Postmaster
General must sue for the recovery thereof
and asked his advice and directions as to
the course he should pursue in view of the
proposed settlement of the cases by arbi-
tratiOn. The Postmaster General was of
the opinion that the agreements were
not valid and binding upon either
the government or the other parties, and
that an award would not bind either
party. On November -, 1882, he addressed
a letter to the Attorney General request
inc his ODiuiOn uDOn the aprppmaDtS
The Attorney General, on December 2S.
1882, replied that it was difficult to imply
power in the Attorney General to sub
nit to arbitration a case in which the
Postmaster General is specially di-
rected to cause suit to be brought
A question of law, there
fore, the right of submission, seems
to be in serious doubt. He further indi-
Gated that the proper course would be to
institute suits, when, under the authority
of the court, arbitratOrs, after appoint
ment, could proceed regularly. The in
vestigatiOn having been had, as hereto
fore mentioned. and an inquiry in rela-
tiOn to another route, namely, No. 46, ,267,
from Willow Ranch, Cal, to Reno, New.
having developed facts sufficient to
warrant proceeding for recovery,
Mr.. Elmer directed the attention
of Postmaster General Gresham
to the cases, and suggested that in view
of the opinion of the Attorney General
steps should be taken looking to proceed
ingS for recovery in accordance with the
statute cited. Accordingly on the Sth
instant the usual course of action in such
cases was adopted. The amount sued for
in the five cases already stated will be
nearly 100000. Other cases are to fol-
low against the parties named, as well
as against others.