Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-04-19

A Day Of ArSuments-Thc Attorney
General Criticised and Defended.

When the star route trial was resumed this
morning the discussion in regard to the proper
method of disposing OF the prayers was continued.
The court was inclined to favor the submission
ana consideration OF the prayers after the ad-
dresses to the jury had been made. The discus
sion then turned upon the order OF argument to
the jury. Mr.. Merrick said the government was
content with the allowance OF two opening argu-
mentS What they would ask when 1t came TO
the closing arguments he declined to say. and
thought that was a question not yet properly
before the court.
MR. INGERSoLL ON THE ATTORNEY GENERAL
MI 1ngersoll made rather long speech, pro-
testing against allowing the government to have
two closing speeches. He referred in scathng
terms to the Brady trial in Ireland, in which he
said the defendants had been found guilty and
sentenced, and his motion for new trial over
ruled all In one session OF the court, and declared
IL 10 be scandal The world felt that 1t was the
work OF a mob-a mob in the form OF q court. He
understood that the Attorney General was to
OF propriety should keep him from throwing the
weight OF his Office against these defendants.
MI. Merrlck remarked that there was nothing In
reference to the Attorney General before the
court.
COUNSEL MAGNIFYING THE QUESTION BEFORE THE
COURT.
Judge Wylie said that the eloquence OF counsel
magnitied the question before the court very
ter, but, important or otherwise the question was
one within the discretion Of the court. In the
course OF his remarks he said he did not see what
the difference was If one counsel spoke four hours
or two counsel each spoke two hours. He said that
he would give notice now that the gov>rnment
should be permitted to be heard in summing up.
by as many counsel as they pleased, but be limited
10 the reply at the close OF the arguments to one
counsel.
Mr. Merrlck said that he proposed to bring the
question before the court again at the proper time
that q a fly0
closing speeches.
JUDGE wYLIE ON THE ATTORNEY GENERAL
Judge Wylie, speaking Of what had been said CT
the Attorney General, said he had not seen the
Attorney General participating in this trial, and
the Attorney General had given no intimation OF
his desire to be heard; and, although he was heard
at the last trial. the court could OF presume that
he would be heard at this. So he had passed upon
TINS question without regard to the Attorney Cen
era But he would say in regard to observations by
Mr.. Ingersoll as to the Attorney General descend
Ing, as 1t were, into the courtroom and bringing
all The majesty of the government
~ did not use the word descending" interrupted
Mr.. Ingersol
Ut was the same thing" said Judge Wylle.
when he did not know anything about the case
i ms coming here and putting the weight of his Of
nee In the SCALE"
Mr.. INGERsoLL PROTESTS.
Mr.. 1ngerSol continued to speak, and declared
that he only protested against the Attorney Gen.
eral making second closing. He did not object
to his speaking, or even making the closing, but
did object to his speaking after some other coun-
sci had closed
81 don't think there Is much to be deprecated In
that case" said Judge Wylie. "The government is
here itself. The government is prosecuting. And
II the Attorney General should see proper to come
government case there would be no improperly
in the world in such action. 1t is very often done
The custom has only fallen into Gesuetude here
Tor the reason that the Office business too great
to permit it."
MR. MERRIcK DEFENDS THE ATTORNEY GENERAL.
Mr. Merrick sad he desired to make some re-
marks to The insinuat1ons and sneering observa-
tionS about the Attorney General .sThe Attorney
General" he said, "has not taken part in this
trial, as he did before, for the reason that this
case has been tried In period OF greater political
activity when the political functions of his Office
demanded more OF his time. This trial began CO.
incident with the session OF Congress and outliyed
Congress But the Attorney General has followed
this case, and to say that he knows nothing about
II Is to say what is entirely erroneous and pre-
sumo the statement made by counsel was made
without any knowledge. He has followed It from
sa the record. He has taken most profound and
ing the ends OF justice, ought to
What his dere is in peerenee lS TO paE Efna
pat1ng in the argument l am not informed, for
this reason. that for several days past the Attor-
ney General has been at the sea-shore-compelled
10 be there on account or his health. Before he
left, the consideration Of the question OF his par
tlcipation In the case was begun, but not ended,
ana since t. at time have not had opportunity to
talk with him on the subject'
' admit, then," said Mr.. Ingersoll, "that the
Attorney Th General has as I'll this record by heart"
as near the truth as the other"
have seen the lights burning in his Office"
said Mr. Ingersoll, sat or O'Clock in the morn
Ing, and suppose he was sitting up reading the
"They. tried" said Mr.. Merrck, "to displace one
Attorney General to get rid OF this case and they
are now trying to drive off another TO gain IT.
not in the second"
"He viii run away" said Mr.. Ingersoll, sin the
light Of the bonfire he has built"
Judge Wyl1e, after further discussion, said he
would not change the ruling OF the court about
the number OF closing speeches without giving
ample notice.
MIR. ker Begins the Opening Address.
Mr.. ker then, at IL O'Clock, began the opening
argument for the government
Mr.. Ker consumed the hour intervening before
recess In celebrating the charge against the de-
PENDANTS, explaining matters in the Indictment
and the laws involved.
Star Route Notes.
After long argument, yesterday afternoon, as
to what law the Indictment against the star route
defendants was brought under. Judge Wylie said
he should hold that section 544O of the revised
statutes was repealed by the act of May II, 1879,
and as this indictment laid the Offense as OF Nav
60 1879, the court should hold that 1t came under
the act OF May II. If the conspiracy was begun
before the creation the latter act and Continued
down and into the running OF that statute then it
was an onenSe coming unier that law.
Alexandria Affairs.
Reported for The EVENING STAR
CORPORATION CoURT.-The corporation court re-
sumed It's session this morning, and 1t is expected