The Portland daily press., 1883-05-11
THE STAR ROUTES
Rerdelps Proposition to PACK the Jury
for the Government Mr.. Wilson Con
tinues His Argument,

for the Government Mr.. Wilsen Con
tlnues His Argument.
WASHINGTON, May 10--Wheu the Star route
trial was resumed this morning Judge Wylie
said he wished to qualify remarks made yester-
day that seemed to censure Blackmar AS a
matter Of fact the evidence showed clearly that
Backmar made no proposition coming from
him. Tho court wished now TO confine its CEN
sure TO Rerdell
After some argument it was agreed that
Backmar should again take the stand. MIR.
lngersoll conducted the examination. The wit
ness said he was present in the court room when
Rerdell testified III regard TO this subject, but
he made no arrangement OF the kind with Rer-
dell. He could NOT remember the names on
that list He was willing 10 furnish the list II
1t could he found.
Iugersol inquired II the witness knew that
Kerdell had attempted TO carry ont his PROPOSE
| tion.
Tho witness said that his only knowledge on
| that point had been derived from the record.
| Merriek ordered tho witness to say TO Refdell
that the proposition could not be entertained.
| Tho witness had conversation with s. w.
| Dorsey yesterday. He did not tell him that he
had made that arrangement with Rerdell aud
did not think that Dorsey would say that
| either. Continuing, the witness said that he
had conversation with Boone In the court room
during recess yesterday, He said 10 him ex-
actly what he had said TO Dorsey. The witness
said then and would say now that he made no
suoh arrangement with Rerdell. He did not
know that he denied IL TO Dorsey or Dayidge.
He did not say 10 Boone that he was going 10
put the burden where IL belonged.
Question--Did you agree on a system OF
signals with Rerdell about the clerk?
The witsieE8 answered that he did, aud then
entered into Al explanation. Rerdell said that
when no wanted 20 SEQ the witness he would
look At tie clerk. Jury had been selected at
that time.
Witness met Rerdell Ia answer to his signals
and reported the result Of his interviews to
MessTs. Mersick and Bliss, never TO Mr.. Ker.
Mr.. lngersol asked why Re-dell met witness
and what he told him.
Blsckmar answered that the interviews
were about this case. Could not say Rerdell told
hun what tho defendants were doing.
The court directed Mr.. lngersoll to conABe
bis qnestions % the subject of the selection of
the jury,
Mr. Dagidge attempted TO address the court
but Jadge Wylie refused TO hear him.
Mr., Ingersoil-i want the witness TO pro-
duce the list
Wituess-I will do SO.
The eourt--I don't know that viii allow
that even. The inquiry must be confined 10
question Of whether Rerdell was In eollnsion
with the government regarding the jury.
Mr. Ingersoll-I want TO show that he agreed
with them aud further that he acted on that
agreement.
The court-The field is too large. Witness
can testify In regard to what was said yesterday
about the selection Of Jurors The simple
question is whether there was any agreement
between Rerdell aud Blackmar.
Witness said he now remembered that he
had not shown list OF names 10 Mr. Merrick
when he reported 10 Nj. Merrick that Rerdell
wanted TO challenge for the government that
the gentlemen was very much offened but said
that witness much listen 10 Rerdel while re.
fussng to entertain the proposition. When the
jury was partially selected kerdell came 10
witness's house, made out the list and said lie
was going TO challenge persons named therein.
QdestionDid he not offer TO challenge such
nantes as the government would select?
Answer-Yes, but his answer was positively
untrue Ahen he said l was 10 select them.
Witness continued saying Rerdell's proposition
was that he should challenge four jurors exer-
cssing his privilege as defendant and that the
government was 10 have the benefit Of the
challenges. Witness implicitly obeyed Mr..
Merrick. He never received list OF Dames
FROM any government officer 10 be submitted TO
Refdell. Was sure that he had not given list
TO the prosecution, but was not SO sure that he
had not mentioned names TO them; was then
clerk Ia the p0s,oiiice department and detailed
to assist counsel.
To the court-It was not stated who was 10
select them but / supposed they were 70 be
cha llenged 10 the interest Of the government.
Messrs. Davidge and Iugersol desired 10 call
Boone TO contradict witness but the court re-
fused TO allow il and au exception was noted
Court explained that IL had refused 10 hear
other WITNESSES because it vas irregular and
Blackmar had only been examined bs the pro-
secution.
Davidga replied they had not refused to hear
other witnesses. This infamous matter had
not Yet been cleared up.
The court said il had been surprised at Will
song declaration azainst the prosecution and
bad referred 70 The evidence to ascertain II he
vas justified irit. A careful consideration OF
the testimony led the court 10 believe that
Blackmar had only listened in silence 10 Rer-
dells suggestion and although perhaps he
(Blackmarl bad not done his whole duty in
failing 10 denounce Reriell At the time vet the
court failed TO see any ground for the indigna-
tion expressed by the counsel at the course OF
the government Blackmar had told his tales
TO the government counsel and not asked to go
farther. The court did not think il OF import
ance. IL government agent violated his du-
ties that was no reason Why case before the
court should be damaged by his misconduct.
The government was not bound By the acts Of
its agents when they entered into matters out
side Of their duties.
As In tho fall business and transactions OF
that kind Ker was willing TO 90 further il the
court thought proper bat did not himself see
the need. Rerdell was then training with the
other crowd and made his proposition to show
his go faith when he offered TO come over
to the gov ernment.
The court emphaticAiy refused to go further
into the subject and Wilson resumed his ad-
dress at the point where he stopped yesterday
Wilson made an attack upon the safficiency
Of the indictment
A long exposition Of the regulations of the
post office department, was given particular at
ten,ion being given 10 the regulation providing
for the allowance of one mouths extra psy
when service upon route is disco tinued
Wilson deted the prosecution to instance a
single case of Improper action by Brady In that
connection. Official routine of establishing
new offices upon Star routes was then de-
scrbed at length. Speaking of the charge
thatBrady has been criminaly negligent Ia not
stating upon his orders the amount to be paid
for expedition Wilson declared that a boy
could calculate the amount required in two
minutes from the data shown upon the face OF
the paper, but IL there had been an error 10
that matter Il was an error on the part Of the
corresponding clerk who made out the order.
The jury could not draw any inference Of
criminaiiy from the charge Of any judge who
sat upon the bench. They must look at the
evidence alone. No matt IL his orders were
not wise, il would be a monsirons thing for q
jury TO convict an executive officer of crime
because his judgment had not been wisely ex
ercised.
Wilson had not concluded his address when
court adjourned.