National Republican., 1883-06-09
The ARGUMENT ENDED.
The Star Route Jury Permitted to Examine
Certain Documents.
Mr. Merck Contends That the Existence
Of Conspiracy is Proven,
.ad Demands Verdict Based on the Law and Evi-
donce, Not on Sentiment
Thc Prayers 10 he Argued Monday and
the Case Submitted,

capt, PADDOCK introducing hefdclll ana also
ono of Rerdel's letters containing his sigma
tnrc
The court said that the request was per-
fectly proper, and the papers were handed to
the jury. After allowing them an opportu-
tunity to compare the papers Mr.. Merrick
resumed his address, touching upon the hand
writing of the memorandum. If Rerdell had
written it since the last trial, said he, as as
serted by DTr. Ingersoll, how did it happen
to be reflected upon the rcd book? Did Dom
nelly and Gibbs lie when they swore that
the book contained tho items in the memo
randum2
Mr.. Merrick then came to the division of
tho routes on April 1, 1870 for, said he, the
existence and continuance of the conspiracy
down to that time had been fully proven.
Taking it for granted that there was n con.
spiracy up to that time, the question for the
Jury was, whether by the division there was
any termination to the conspiracy, for to find
a verdict of guilty they must find that there
was n conspiracy on May 23 lS79-not u
conspiracy formed then, 1t matterel not when
or where it was formed, but that is was in
existence on that date. He maintained
that no division of the plunder could
free tho defendants from the crime
committed, from the conspiracy. The
contracts had three years to run, and di-
vision of them was division of the plumber
aud not o termination of the conspiracy. If
tho jury found that they were tainted at that
date, and that the defendants agreed to do
for one another whatever was necessary TO
carry out the conspiracy, the division was
made, not to break mp the conspiracy, but to
give the parties n more facile mode of trans
acting their business, free from the caprices
of one another. Now what was the proof?
asked Mr.. MerrcS, and referred for his an
swer to the testimony of John Dorsey. He
read John Dorsey's statement that he had
agreed to sign all papers necessary to carry on
the business after his retirement, and e&hib-
tied an affidavit made by John Dorsey after
the division.
Mr.. Henkle asserted that the testimony
showed that the division was not completed
until the second of May. Mr.. Merrick re-
piled that that was device of the acrobatic
Miner who filed paper in the department
on that day, Mr.. Davidge undertook to sup
pOrt Mr. Henkles view, when Mr.. Merrick
sarcastically inquired why he had not argued
the case. Mr. Davidge replied that, after
listening to the prosecution for fourteen days
aud having in view the possibility of Mr..
Merricls's ten days argument, he had not
regarded it as necessary.
Mr.. Merrick declared that the proof was
inrontrovertble of the complete division on
Ahii /, 1879 aud he held that if he had es-
llslcd the existence of the conspiracy on
at day he had conlormed TO the charge in
.. ul ctnCnt.
\ D., overt acts committed after the division,
Il ,s prOJis of the continuance of the con-
. ugF, Mr. MGrrick ustunced orders for ex-
i.im and increase on the routes from
.. ,,.uty to Kent, from Ncrmillion TO Sioux
,s ilom Bismarck to Tongue river. from
.,.,,iO to Rosita, from Parrot City to OjO
.,tale IA retroactive and unlawful ORDER,
.Jm Ouray TO Los Pinos, from Silverton to
.us Guy, from Treas Alamos to Clifton,
"a d from IOuuervile to Adairville. AS he
{ u,noratcd these and other papers, Mr.. Mer-
tk succinctly reviewed the evidence tend
Ing to show their fraudulent character. He
reminded the jury that it was sufficient for
them to find only one of them to be an overt
net, without reference to the perpetrator.
l,urdell may have committed the only overt
act thcy could discover, yet that was enough.
lie was one of the conspirators, and had
pleaded guilty, and although one man could
not conspire, rs thoy had one admittedly
guilty, they might find any other one guilty
with him.
Mr.. Merrick happened to read the date of
one of the orders as lss9 instead OF 1879;
Mr.. Wilson remarked, " You have not been
speaking as long AS you think" Laughter
Alr. Merrick. " 1T seems to me that l have
been talking almost that long"
Mr.. Merrick said that Mr., Ingersoll had
gone on killing the governments witnesses
until he stood in the midst of an extensive
burying ground, and to protect his client he
had been compelled to paralyze the CROSS
examination of his own witnesses. They
were not killed, but spoke in such distinct
tones that the jury could not but hear them.
They must keep in view the fact that these
routes, taken ut an original price oiSil 900 had
been increased in one short y ear through the
exercise of an exceptional and extraordinary
power by the second assistant postmaster gen
eral so as to yield $4iS,0OO. Official corrup-
tion was q sure sign Of national decadencc
Partsanship and party sympathy condoned q
multitude Of sins, and II was II principle OF
political parties to avoid prosecuting men OF
tho same party. For himself he wa'
above such principles of party. For the
official delinquencics of their own partisan'
the parties We're responsible. The people, re-
gardless of party, would pay everlasting trib'
ute TO the administration that had the high
moral courage to punish the corruption of the
members OF its own political household. Il
WAS infinitely to the honor of the gentlemen
hisas,ociates- -(although he did not agree with
them politically that they had pursued
their duty unswervingly. Tho verdict of thii
jury would he the most important ever given
in this country. II would decide whether
the wild carnival of official crime should cease
or il would give unrestraincd license to tina
criminal riot. 1t must stop official pccuatiOI
by making stealing dangerous pastiIne.
must show officials that they could not 90 ol
acquiring their illgottcn wealth, and bidding
defiance to tho courts aud the public as thcs
defendants had done. While the jury wa
trying this case the country was trying them
trying the court and himself
Mr.. IngeTsoll interrupted to question tn
prOpriety of this statement, but judge Wyl
said that he had better leave that to the court
Mr. Merrick then concluded his address
lie demanded from the jury verdict o
guilty against all the defendants. Not
verdict hascd on sympathics, but upon fact
and evidence and law. lie demanded thi
verdict la behalf of the people of the Unite
States whose public treasury these defendant
had robbed He demanded II verdict in vim
diyation of the official trusts that the defend
ants had disregarded, of the laws of the lam
which they had spurned with contempt
I,o demanded verdict in vindication of tn
trath and honor and virtue of the American
people, which these men had stained an
b.hCkvnud. BY verdict Of guilty that in
Jury 10 virtue aud truth and honor might b
redeemed, and that, too, by jury taken froI
tls people showing their appreciation {
virtue outraged and honor disregarded
Mr. Murricli thanked the court and jur
for their patient attention, and took his sea
An attempt at applause was checked by Tn
court, who asked if both sides were prepare
torubmit their prayers.
After a short discussion counsel on bot
sides agreed to submit the prayers in seaso
10 secure their publication In the next issu
OF the record, and then a question arose as
the time to be allowed for their argument.
Al Mr. IngersolPs suggestion II was decide
to limit the argument to Monday, the tin