Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-05-28


which In his Judgment he ought to say or do.
whist he Should call things by their proper names
after he had shown what they were he would care
fully abst1n from overstrt ling any point OF law or
overstating any fact. He declared In open court,
before the last trial OF this case, that as an
should, when the evidence was concludei, frankly
the evidence failed to establish guilt Accordingly
Ii" nad directed the jury to return ifct OF not
guilty as to Turner. The verdict found NJ. c..
Rerdell and John R. Miner guilty and dis lgreed as
new trial he had sa1 to the court that he did not
consider 1t consistent with the dignity OF the
united states to allow such verdict to taint the
record or the c0urt-a verdict cOnvictfng the sub
Ordlnates ard letting the masters go. The court
had thereupon set the verdict aside, and the case
now came before this Jury, and in the i2ht OF the
unequlvOcal facts proved
HE DEMANDS VERDICT OF GUILTY AGAINST ALL
THE DEFENDANTs.
He demanded from this jury verdict OF guilty
against all these defendants. He referred to Mr.
1ngersoll's caution to the jury that there was no
logic in epithet There was no logic, he said, In
appeals to a jury in behalf Of prisoners home.
There was no reasoning in tropes ana m etaphors
and figures OF speech. The prisoners Wife aud
home were not on TRIAL The prisoners themselves
and they alone were on trial. The attempt to
assail heart OF jury by tears-t ,ars- provoking
pathos-was the ingenious device of an advocate
conscious that he could not reach the reason OF
1ne jury by legitimate logic. he referred to Mr..
1ngersolps assertion that tho counsel for the
prosecution, in the excitement OF the chase sought
THE LITTLE FEATHER OF VICTORY
II ne supposed that In the performance OF his
{dr Merrick's solemn duty in this case he sought
10 sratlfy his ambition by gaining triumph ever
justice, he or. IngersolD greatly mistook his
c1.rn Character; ter He sought simply 1ustice-ustce.
stern ana unadorned great government was
seeking 10 vindicate the majesty OF its laws and
to to protect people by Furnishing crime The scales
naked facts, and the rules OF law as given by the
court Ihey might grieve for aff1iction, but grief
was not part OF the'sOlemn Office that belonged
10 a jury To be sure there Was hardly more
melancholy spectacle than q man wrecked and d
home black-ned. But 1t was not the verdict OF the
Jury, out the commission OF the crime. that wrecks
the man and blacken5 the home. 1t was b4tter
mat q home should be blackened than that the
Jury, by its verdict responding to their sympa-
q yet higher crime and give their conscience the
stlnglng voice OF an eternal reprOach.
THE sADDEsT THING ON EARTH
10 MIN would be to realize the fact that in the tri-
bunal OF justice there should appear such signs OF
corruption or weakness in the jury that the de-
mands OF the government that criminals shonld
be punished, should be defeated by appeals to
syn sympathy IN behalf Of the wife and children OF
the accused. Mr.. IngersOll had declared that the
government would never find twelve men who
would put
STEPHEN W. DORSEY
IN the penitentiary; that there would always be
one or two honest men in the twelve so they
could not convict one of these de.endanta. What
does this rhodomontade meana The great fSure
standing out in all was Stephen W. Dorsey. They
fo9li snt put ether men M in the pententa
up above the law, even where the
very tips Of the fingers Of justice could not touch
ms M saGrea el acb,s The men who were prosecuting
s w. Dorsey. Mr.. 1ngersOll said, forgot who he
was and what he was Why should they remem-
per who he Is or what he has been? What had the
with him, as they found him at the bar of Justice
arra1gned by his country for crimes against the
law II they remembered what he had been, 1t
onrv vcfjp ou1o tfnc a..
OF justice. The lowly and needy may violate the
law, and pass to the place Of expation without
his who had been raised by his country to TO-"
place. and invested with robes which It was his
duty to preserve pure and unspotted. 1t was sad
immortality and crime, but sadder still to see a
was great man. Counsel had given some thrusts
OF patriotic eloQuence about his country and its
liberty He tMr Merrlck) cherished in his heart as
deep a love for that country as any man who
was made for the poor and Iowly alone he would
tear Its flag to tattera
NO MAN Is HIGH ENOUGH
to put his head in heaven where justice could not
reach IT, He thanked God his country was not
yet on that down grade. Their verdict would
mark an epoch in the history Of the country.
Either Official peculation would receive sane.
uon' or henceforth honor and integrity in office
was 70 De the rule. The counsel, when he said S.
w. Dorsey could not be convicted meant that
what had been done once could be repeated He
III. m.
gersolps assertion that this prosecution was
to which $: ": Dorsey had helped them, Mr:
disgraced his positfon7 Or that the of1e GERS
who by hls direction had pressed this lnves-
been disgraced If they had not done 1t. It
was an honor to these officers that they
were prosecuting man who had aided them in
OF that duty their tears may flow, but thank God!
our country had officers who were not beguiled
Know d%y hut Sy tears sympathy He did not
and say that this eort to enforce Justice would be
pursued SO long as as this government lived in an
I'VE will be there" interrupted Mr.. 1ngersoll
mo, sir" said Mr. Merrick, ''when this verdict
Is rendered you Will be somewhere else"
DORsEYs REMARK.
Here there was conversation outside the rail,
and voice, recognized as Stephen w. Dorsey's,
sang out, "I bet $50 day will be there though"
RERDELL's GRAVE.
Mr. Merrick continuing said that It might be
necessary for him to take the Jury back to the
grave OF Rerdel, "and." continued Mr.. Merrick, II
may make another grave that may call the cOun-
lament at funeral"
try was that expressed I'm tie statute. The policy
thus indicated was that mail routes should be ad-
compete for the per formance OF the service
MIR. Merrick referred to the exceptional condi-
tions under which expedition was justified, ana
said he could show that this power had been used
by Brady. not only to crafty mere moods but to
crafty base motives BE criticised at length
Brady,s conduct In granting orders for expedition.
involving thousands OF dollars, without having
satisfactory evidence tAat any exceptional condi.
lions existed Brady himself told them that he
had never made inquiries into the necessity for
such orders He had too much to do,he said to look
Into these things He sheltered himself behind
petitions and Congressional resolutions what
had this august parsonage to dof There was hard
~ thing for him to do that required the exercise
OF his Judgment except In these cases. Every
other duty belonging to the ofice was routine.
BRADY NO sIMPLRToN.
Mr. Merrick argued to show the absurdity OF
Bradys attempting to escape the responsibility OF
his acts on the ground that his clerks performed
the duties. Brady was no simpleton. How could
simpleton accumulate the vast resources which
changed the humble home OF poor man
into the gorgeous palace OF the milli0nairef
At this point the usual recess was taken.
The colored people In the Cherokee nataon-l,O00
In number-claim their share OF the Cherokee
fund, which the council OF the nation has declared
shall be distributed only to Cherokees by blood