The Portland daily press., 1883-03-20
THE STAR ROUTES

The Day Spent in Arguing the Admssi-
bility of Evidence.
WAsHIGToN, Mar 49,
With to-day began the sixteenth week of
the star route trial. When Court sadjourned
Friday last the prosecution had Just
closed preliminary argument upon the perJin-
ency of the question as to whether or not Bra
dy had any knowledge of the Price drafts
This was regarded as important point by
both sides for if the question is admitted it
will probably lead to admission of testimony
by Price in support OF the Governments
ch arge.
The Court in answer to question from Mer-
rick, said that it would allow the government
an opportunity to reply to the arguments of
the defense.
Turning towards the Court Brady said posi-
lively, "Yonr honor, / would prefer to answer
that question and all other similar questions
My lawyers and myself do not seem to have
taken the same grounds" The Court however
said that it would hear his lawyers instead of
| him.
| Davidge then began his argument with q
| statement of the offer. The Court interup-
| ted and inquired if Merrick's offer was to
show only that this draft had been placed upon
witness desk
| Mr.. Merrck-No, placed upon his desk and
| given to him for corrupt purpose.
| Davidge resumed his argument. He asser-
| ted that the object of the offer was to defame
and iDjure defendant with the intention of
| affecting the jury by that defamation in the
| case at issue. 1t had never been allowed to be
| shown that defendant had committed aneth-
er offense than that for the purpose of infiuen-
| cling that case unless it was shown that there
| was connection between them. Again if
| they wanted to prove the general reputation of
| the witness they shonld be debarred. As the
| argument would continue for some time the
| jury was excused until after recess. Recess
| was then taken.
| When the Court reassembled Henkle of the
| counsel for the defense read from a number
of authorities in support of their argument
! The jury excused from attendance for the day
| and Merrick proceeded to close the debate up
| on this point for the government, reading
from the record the language used by witness
| in the direct examination. He insisted ths t
it justified inquiry into the transactions con-
| nected with any or all of the star routes with
| out regard to those mentioned in the indict-
ment. Brady had stigmiatized all of Walsh S
| testimony as false as "le made out of whole
CLOTH" On his cross examination the govern
| ment proposed to interrogate him relative to
| the facts sworn to by Walsh.
| The Court remarked that had not formed a
! part of the original offer.
Merrick replied he was aware of the fact,
but he intended to 60 into that subject and
brought It up now SO as to save further argu-
ment The Court had seemed to regard
| relevancy as the principal question in this
matter. If thing done by defendant was
similar in time of the occurrence and character
to the ofenceslcharged in the indictment it
was as entirely admissible as proof
| of them would be. It was not an offer to
| proove the body of the crime but to prove
the motive and scient.
| After recess the court inquired why evidence
to support the offer had not been offered in
| chief.
MI Merrick answered that there was more
benefit to be derived from the introduction of
| the evidence now then if it had been offered
| in chief. HE put his motives forward said
Mr.. Merrick, "and propose by the magic rod
OF truth to dissolve and disclose his purpose"
Mr.. Ingersoll made the closing argument
| upon this subject for the defence. He said it
| was not material in this case what Brady g
motives were in making expedition in any
other case. 1t was necessary to introduce sew
| eral other cases to prove that Gen. Brady knew
1t was wrong to swindle the Government. You
| could not prove man guilty of stealing by
proving that he stole in a thousand other cases
| No matter if he had stolen in these cases. the
presumption was he was innocent on the charge
under trial. Mr.. Ingersoll commented upon
the length of the trial, that might run into
years.
The court said that the twelve candles still
| burned.
eleven when one juror dies, and when the last
juror dies to take his administrator. Yes, Ito
Merrick) expect to survive and the case may
drag along until the judge who shall finally
pass upon the case will not remember even the
name of Your Honor (Laughter.)
In the course of his argument the court took
occasion TO enlighten counsel with regard to
its position upon certain questions. Speak
ing of Mr.. Brady, he said he may
have been very kind hearted man and
and allowed members OF Congress to run
over him and get these orders at their will.
That would have been weak but not criminal.
If he had been charged with receiving bribe
the court would require direct evidence of that
charge and would not allow evidence of any
other offence TO be accepted in proof of that
charge. 1t was only his motives and inten-
tons that could make his acts criminal He
was on trial to show his purpose lin answer to
IDgersoll.) No proof that Brady had received
bribe in another case could be used against
Dorsey or other defendants
The question was whether the court could
receive evidence of payments to Brady by
other contractors; whether his acts could not
on their face be shown to be criminal acts by
light thrown upon his motives in other trans
actions The Court wished it to be distinctly
understood that these points were only
brought to the attention of counsel for their
guidance, that the Court had not made up its
mind on the matter as yet
Mr.. Ingersoll said he might continue his
argument tomorrow.
The court then adjourned.