Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-01-03
THE STAR ROUTE TRIAL.
Its NOnOtOny Broken by n Lively
Scene I'm Court This Morning.

Ao NOnOtOny broken ny u Lively
Scene I'm Court This Morning.
THE MOTION TO RECORD THE VERDICT IN THE LATE
TRIAL AS 1T WAS FIRST ANNOUNCED SET ASIDE
When the star route trial was resumed this
morning Mr.. Chandler, for Mr.. Brady, filed In
form the motion OF which he gave notice yester-
day, to have the verdict first announced by the
foreman OF the jury at the last trial recorded
This verdict acquitted Turner and Peck. Under
instruction of the court the fore man changed the
form OF the verdict, so that it did not apply to
Peck, who being dead, had not stood trial. Mr.
Chandler argued that the defense were entitled to
the beneilt OF the verdict as to Peck.
Mr.. MERRIcK OPPOSES THE NOTION
Mr. Merrick, reading the record OF the last trial.
Claimed that the first announcement made by
Foreman Dickson was not the verdict, but a re-
port as to form. The jury did not, he argued
make any verdict as to Peck. The verdict, as
given, was the verdict as recorded by the clerk
The jury accepted the correction of the court By
the evidence, Mr.. Merrick said, II any man was
guilty Peck was guilty; but it was generally cou-
ceded at the last trial that Mr.. Peck was dead.
Mr. Henkle and Others of defendants counsel
Merrick exclaimed that at the last trial they had
In their eloquent speeches, decorated Pecks grave
and claimed consideration for his memory. be-
cause he had fought to break the shackles that
had already been shaken In the faces OF some OF
these jurors. "You mourned over him." said Mr.
Oil in his wounds"
Mr.. Chandler remarked that II decorative
speeches were TO count, they should count on the
other SIDE IL, he said, the handsome attitudes OF
Mr.. Merrick, and that imposing shape, with which
all were familiar. were withdrawn the prosecution
would lose half its force.
"They will all remain to the last" said Mr..
Merrick.
THE COURT PROTESTS AGAINST NONSENSE.
Judge Wylie suggested that an end should be
put to nonsense
"Then why" asked Mr. Chandler, .did the
prosecution sweep OF into this nonsense, your
honor"
Because" said Mr.. Merrick, replying to the
question, 81 had nonsense to sweep away
SCENE BETWEEN JUDGE wyLIE AND Mr. CHANDLER
After Mr. Chandler had argued his point for
some time, Judge Wylie, referring to the
record, said Peck was not In the Indictment In the
view OF the verdict The trial OF a man without
q plea was worthless. Judge Wylie remarked that
the record showed that no verdict had been rem.
dered as to Peck.
~ beg your honor's pardon" said Mr.. Chandler,
rising, "it does show IL"
~ insist now that you-" began Judge wylie,
dler: '''''''
order OF the court and see that the gentleman
takes his seat. The court will neither oe talked
down by counsel. no matter how loud his voice
may be, nor browbeaten by anybody Now. sir.
you Will understand your position and mine, too
MI, MI: chandler having taken his seat, Judge
ruling the motion Of Mr.. Chandler 81 regret"
he said at the Close 'that counsel have forced the
court to take extreme measures, but we must have
order"
EXCEPT ION TO THE RULING OF THE COURT
Mr.. Chandler having noted an exception to the
ruling OF the court Mr. Henkle rose as he said. to
say that he concurred in the motion OF Mr. Chand-
Ter, and ''wanted to present this thought to the
mind OF the court"
g! don't want any more thoughts" said Judge
Wylie. II have had enough"
.=seS-zs TdE TESTIMONY coNrrHuEp.
Mr.. Charles u. French was recall d By Mr.. Hen
kle to prove certain drafts which he had received
Mr.. Brewer, OF the contract Office, was called by
MI. Ker TO prove that letter, taken from the les
of the department. was in the handwriting OF Mr..
Vale. This letter, dated February 9TH 1882, and
addressed to Second Assistant Postmaster General
Elmer, stating that he had received from Mr. Ell.
mer letter concerning the alleged subcontract OF
one Charles II. French; that he believed there was
some mistake. as his (taile's) subcontract, now on
file, was executed by j. NJ. Peck in person. while
the alleged subcontrast Of French purported to
have been made by John w. Dorsey. as attorney
He asked to have the matter lert until he couid
consult with John w. Dorsey.
MT Madison Davis chief clerk OF the Office OF the
Ihlr0 Assistant Postmaster General, was called
10 prove the method OF paying the mail contrac-
torS Ihe court, however. not considering the evil
uence necessary or material, and the defense OBJ
Jectlng 10 1t, Mr.. Davis was excused from the
stand. ~
Mr.. Ker then took up route ss1s5, from Saint
CharieS to GreenhOrn, and Mr. Geo. NJ Sweeny OF
the oi1ce OF the Second Assistant Postmaster
General, was called to identity various Official
papers relating to the route and the handwriting
OF the endorsements
The first document offered In evidence on this
route was letter written by WIN. Ingersolla post
master on the route, In 1877, before the bids were
opened, calling attention to the fact that there
was mistake In the advertisement. Notwith-
standing this the route was let to Miner and after
lile contract was made the error rectified the
mistake and Its rectffcatiOn costing the govern
ment thousands OF dollars.
The defense objected to the admission OF the
letter. y, WIZ
After considerable argument Judge Wylie sus-
recess was taken.