National Republican., 1883-05-29
Nj. Nerrick Begins the Closing Argument in
the Star Route Trial.
Facts Not Tears Must Alone Weigh in
the Scales Of Justice.
An Exposition Of the Law Governing the Star Service
Questions by Jurors
The Anidnvits TO Bo Reviewed Ss Though
Each Were an Indictment.

He said that in summing up the case he
would deal with the evidence, with the
frankness, candor, and sincerity that those
persons who knew him would recognize as the
controlling principles of his life. While
calling things by their proper names, he
would carefully abstain from straining any
point Of law, or overestimating facts even
to hair for the purpose of showing guilt
where he did not sincerely believe it to be.
The counsel who preceded him had eau
toned the jury against cpithets; when he
might we'll have taken the advice TO himself.
The prisoners wives and families were not on
trial, but the prisoners themselves To at
tempt to assail the heart of the jury by tears
provoking pathos was an ingenious device
showing an appreciation Of the fact that they
could make no sound logical argument. He
had no personal ambition in this case but u
desire to minister to justice-cold, stern and
unadorned. What had tears-mdudlin tears
to do with the scales of justice. Cast them
out They were temptations held out to beckon
on to infamy and disgrace. Those scales
must contain nothing but the cold and
naked facts and the rules of law as given by
the court. In that way only could the jury
discharge with honor and satisfaction to their
consciences the duty imposed upon them by
the law of the land. lt was true that there
was no spectacle more solemn than human
being wrecked or the blackened home, but
what wrecked the man and blackened the
homer Not the verdict of the jury, but the
commission of the crime. By verdict
speaking their sympathieg and not their
Judgment, the jury would commit n crime,
and give to their conscences ceasleSs and
eternal reproach. No matter what stephen
w. Dorsey had been, he now stood arranged
by his country before the majesty of the law
Was not the crime of the thousands of poor
people daily brought to justice less than the
crime of that intellect chosen by the people
to guard the country's liberties and make its
laws 1t was sad to see n great man fall
painful to see great mind corrupted and
poisoned by crime. But it was sadder yet TO
see a jury let him 60 because he was great
man.
Convict these defendants, convict them
upon the facts, and from the temples of justice
throughout the land would ring the cry that
official peculation shall be punished. He
would not speculate on the counsers possible
meaning when he spoke of one or two honest
mon on Jury. Perhaps he meant that
what had been done once could bo done again,
but he thought not The prosecutions tears
might flow aud their hearts bleed because
they were forced to prosecute the man who
helped them to get their places, but he
thanked God that the country had officers
whose Judgment was not influenced by such
considerations
The defense had thrown down the gaunt-
let. III no NefUiCU WIS reached uU lnlb Irlal,
but he trusted and believed there would be-
perhaps his connection with the case would
close, but he would pass that gauntlet over TO
the government, and assure the defense that
they would be prosecuted as long as an atmos
phcre of purity surrounded the admnistra-
tion. Tho case would be prosecuted until
verdict was reached.
81 will be there" interected Mr.. Ingersoll.
"Thc counsel will not be there" replied Mr.
Merrick. "Pll bet $50 u day will be
there though" exclaimed S. w. Dorsey from
the doorway.
Mr.. Merrick said that in the course of his
argument he might find it necessary TO carry
the jury to the grave of Rerdell, and If he did
not succeed In making him speak If they
could not hear his voice rise through the sod,
he would make another grave, which would
call the counsel (AIr. IngersolD to his favorite
entertainment of lacrymose lamcntation ut u
funeral.
Mr.. Merrick then began an exposition Of
the laws governing tho star route service
He charged that Brady had grossly perverted
two subordinate sections of the law intended
to provide for rare exceptional cases. He
had made them override the general rule aud
policy of tho law ~ using the authority
conferred by themWo crafty his moods.
Nearly all of the orders complained OF were
made by Brady during the year 1879 The
condition OF tho country had not changed
from its condition III 1877; there were no
unusual development. Would any honest
man have used such exceptional powers un-
less il hud been shown that the requirements
were exceptional. They had prated Of Brady's
multitudinous duties. The simple fact was,
that tho exercise of his judgment in just
these exceptional cases was all that his great
brain wa called upon to do. Yet he put 1t
upon his clerks; he had signed
the jackets as form. The
counsel had the audacity to say. Show me
an instance where Brady has violated the
law" He would show u plenty of them.
Brady was no simpleton. How could sim
plcton accumulate those vast resources that
changed the simple humble room Of the poor
man into the gOrgeously decorated saloon of
thcamost millionaire? Brady had attempted
TO shield himself behind the petition aud the
solicitations of members of congress. Did
any one believe that he did not know their
real value2 1t WAS easy enough to secure
baskets full Of petitions for any purpose.
witness had sworn that petitions could have
been gotten in the west to have the govern
ment pay man TO blow horn. Brady
seemed TO have regarded himself as bounte-
Ous Kriss Kingle to fill with plenty the stock
ings Of the contractors.
Mr. Merrick argued at some length upon
the effect of expedited service, holding that
an uuprohtable route could not be made
profitable through expedition. or course If
the contractors in making their atiidavits
of perjury il was easy enough TO make expe.
dtion source Of profit, The court discussed
this proposition with Mr.. Merrick, and did
not entirely agree with his conclusions
Moore had told how the affidavits were
prepared said Mr.. Merrick: Moore was one
the men whom Mr. Ingersoll had killed,
aud kept on killing. He had his hands full
of killing. Not only had he killed Moore
aud Rerdell and stunned Boone; but he had
killed half dozen men out ON Tongue river.
lie did that because he knew that nothing
else would save his client from the peniten-
tlaly The new Bradyian policy was a rev.
clation 10 Boone; a man who had made mail
contracting the business of his life, and who
held over ], 100 contracts. But Dorsey knew
all about it. The expedition clause had been
put into the contracts by Dorsey because he
knew what was to come, The scales had
heon taken FROM his eyes by Brady. They
had talked II over.
Two souls with but single thought,
Two hearts that beat as one.
The defense had asserted that the expedi-
lion clause had been inserted in the contracts
la make them accord with the subcOntract
Aw. That law had not been passed at she
date Of tho contracts.
A Juror asked for further information
on the point, which Mr.. Merrick furnished
and remarked that the merest bosh on tho
face OF Gods earth was this defense.
While Mr.. Merrick was arguing upon inc
impossibiity Of making losing contract
profitable through expedition, the foreman
interrupted TO remark that he was not sure