Daily Kennebec journal., 1883-06-13
FROM WASHINGTON.
THE STAR RoUrERs.


WAsHINGToN, June II.
| The Judge said the Law was supreme and
must be obeyed. The policy Of Law must be
formed in ITSELF No public officer had
any right to set up his own policy against
the policy of the Law. He held great trust.
| 1t was his duty to obey the law. To allow
| him to set up his policy against the law would
| lead TO great and innumerable abuses. Occa-
sionaIly an Emergency might arise to justify
the public officer in departing from the law,
but those were extraordinary occasions, such
as a foreign invasion or great calamity;
but mere violation of the law by public
officer was not necessarily a crime. He
might be guided by an intention to do public
good.
These remarks were intended TO apply to
Gen Brady, where the law said that in max
ing increases of service he must pay due
gard to productiveness and other circum-
stances 1t hardly seemed reasonable or
fair for Brady to say that he disregarded pro-
ductiveness. The law prohibited any public
officer expending public money or making
contracts for exenditures beyond appropria-
tions. In this case there was evidence that
all the money appropriated by Congress tor
the fiscal year ending June 80. 1880, had
been expended by December, 1871, and an
application made to Congress to supply the
deficiency. All of that might have been
| done from mistaken sense of duty. Men
in such positions occasionally become enthu-
siasts on that subject. and if there was
corrupt motive it was not a criminal act.
''This is charge of conspiracy" said Judge
Wylie, and he thereupon read sec. $40 of
the revised statutes, defining conspiracy.
He said there must be two or more persons
to conspire. They must have union of
mind, a common purpose. A man might do
| something to further objects of conspiracy
| without being in it. lie may not have been
taken into the confidence of others, may not
have entered into An intelligent combination
with them. This case offered an example in
the person of Peck.
He may have been an active member of
the combination, but the court was willing to
believe he was not. He seemed to have done
nothing beyond making aft lavits and it was
possible he was not an active member, If
there was conspiracy. But Peck was dead
and his name had been used only illus
tration of the point. Conspiracy was charged
to be a combination of intelligent beings to
defraud the United States by fraudulent affi-
davits, petitions and orders. The statute of
limitations covered with its projections all
crimes committed more than three years
prior to finding the indictment, which was
delivered in court May co. 1882. The jury
could not find verdict of guilty against the
defendants for anything done prior to May
20, 1879. If convicted it must be for what
they had done since that date. They might
wonder why the court had spent so much
time in the investigation of events occurring
before that time. A conspiracy was hardly
ever (the exceptions being some political
cOnspracies) made in the dark. A conspir-
acy might be formed through correspondence;
its formation might occupy some time. AT
ter learning all the facts the jury might infer
from some of them whether or net there was
a conspiracy. One side had maintained the
necessity for presenting the entire chain of
evidence where there was multitude of
facts. All pointed in one direction. They
were like vanes in a great public city; when
you see all vanes you know how the wind is
If there were other facts in the case, tending
to different conclusion from the majority OF
facts, they must be considered, of course, but
due regard must be had to the weight of evil
dence. Senator Dorsey, said he, seemed to
exert a controlling influence over everybody
in that business, He corrected their esti-
mates and changed their bids. Being in the
Senate he could not be a contractor. so Miner
was brought here and with Peck and John
Dorsey secured l30 contracts.
Bidding separately they were mutually in
terested in the bids. Here was a community
Dorsey seemed to be most active man, not
only in preparing bids, but in carrying out
contracts. If he had sinister and unlawful
view he was guilty as if he had a contract.
| 1t was A matter of no consequence why he
did these things, whether for love for his
brother-in-law or from self interest. There
was evidence that Miner, Vaie and Dorsey
did during succeeding periods. 1t was for
the jury to say whether they had corrupt
purpose. If they were satisfied that it was
a fraudulent combination then that made
out its character anterior to the period fixed
by the statute of limitations. Immediately
upon S. w. Dersey's retirement from the
Senate he took active interest in the business.
An entirely new organization was effected.
The jury must decide whether Peck and John
w. Dorsey, who then stepped out, were men
of straw and s. w. Dorsey substance.
Judge Wylie then turned to the indict-
ment. He said he was not disposed to attach
any weight to the averments that there
fraudulent sub-contracts, for they amounted
to nothing. He then turned to the printed
prayers, to comment on those not already
disposed of in his proceeding remarks. He
proceeded to answer such of those prayers
for the defence as were designated by that
side. The jury was instructed that it was
their duty to find there was no conspiracy if
| the facts proven could be accounted for by
any reasonable hypothesis of innocence based
upon the evidence.
The 96th prayer, admitting the right of
the jury to disregard the entire testimony of
a witness vino knowingly swears falsely on
material point, was allowed.
The 10Th prayer, clothing the defence with
the presumption of innocence until proven
guilty beyond a reasonable doubt was also
allowed.
Many of the remaining prayers for the de-
fence were refused and the remainder with
drawn.
Mr.. Davidge, in behalf of his client, S. W.
Dorsey, noted exceptions to the different
passages of the charge by the court. Wilson
did the same for Brady. At Bliss suggestion
the jury were instructed that they might
find conspiracy between Peck and one of
the defendants. The foreman asked that the
jury be furnished with copy of the charge.
but Judge Wylie smilingly said that it was
''all in the air, he had no record of it. If
the jury were at loss in regard to any part
of the law, the court, upon their application.
would relieve them.
Bailiffs were then sworn in to take charge
of the jury and place them in some retired
room without fire or light, e especially fire.
| said Iugersoll (laughter) A copy of the