The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1883-06-21
The Star-ROute Cases Given to the Jury.
WAsHrNerov. June l8. \

WASHINGTON, June l3s
Judge Wylie began hls charge to the star
route jury yesterday afternoon. After thank
ing the jury for their patient attention during
the weary months of trial, and reminding
them that they had nothing to do with the
public demand, newspaper articles or appeals
to sympathy, but to decide the case upon the
evidence. he at once comrnenced to state the
legal points involved, and said, in part, the
policy of the law must be found in itself.
No public officer had any right to set up his
own policy against the policy OF tie law. He
held great trust, and it was his duty to obey
the law. To allow him to set up his own pol
icy against the law would lead to great and in
Vulnerable abuses, but a mere violation CT law
by an officer. was not necessarily crime. He
might mfsunde erstand his duty; he might be
guided by an intention to do the public good.
These remarks were intended to apply to Gen
eral Brady, where the law said, in making in
ereasing service, he must pay due regard to
productvencss and other circumstances. It
hardly seemed reasonable or fair for Brady
to say he disregarded pro1uetiveuess. That
was the policy of the present Cabinet officer
"a witness in this casel, but the Court could
not sanction that policy. The law prohibited
any public officer from expending the
public money or making contracts for
expenditures beyond the appropria-
tiOns. In this case, there was evil
dence that all the money appropriated
by Congress for the fiscal year ending June
30, 1880, had been expended by December,
1879, and an appeal had been made to Congress
to supply the deficiency. All that might have
been done from mistaken sense of duty or
an exaggerated idea of the public good Men
in such positions occasionally become enthusi-
astie on that subject, and if there was no cor
rupt motive it was not criminal act.
The Judge next took up the question of con
spiracy. The consiracy. he said, was charged
TO be a combination of intelligent beings TO
defraud the United States by fraudulent afi-
davits, petitions and orders. The Statute OF
Limitations covered, with its protection, all
crimes committed more than three years prior
to the finding of the Indictment which was
returned into court May 20, 1882. The jury
could not render verdict of guilty against
the defendants for anything done prior to
May 20, 1879. If convicted it must be for what
had been done since that date
In establishing conspiracy Judge Wylie
said allthe facts in the case tending to a diff
ferent conclusion from the majority of the
evidence must be considered, but due regard
must be given to the weight of evidence. The
Jury must infer from all the facts whether or
notthere was conspiracy.
Judge Wylie here commented upon the at.
tacks made upon the sufficiency of the in
dictment. He reviewed the evidence touch
ing the beginning of the combination. Sem
ator Dorsey said he. " seemed to exert a
controlling influence over everybody IN
that business. He corrected their esti-
mates and changed their bids. Being
in the Senate, he would not become a
contractor. So Miner was brought here,
and. with Peck and John Dorsey, secured
some one hundred and thirty routes. Bidding
separately they were mutually interested ia
the bids. Here was community of interest
Although not a bidder, Senator Dorsey seemed
to be the most active man, not only in prepar-
If he had a sinister and unlawful purpose he
was as guilty as if he had contract, 1t was
a matter of no consequence why he did
these things-whether from love for his
brother and brother-in-law, or frSfn seH-inter-
est. There was evidence Of what Miner,
Vale and John Dorsey did during the sue
ceeding period. 1t was for the jury TO say
whether they had corrupt purpose. If they
were satisfied that it was fraudulent combt-
nation, then that made out its character an
terror to the period fixed by the statute OF
retirement from Ihc Senate he took an active
interest in the business. An entirely new
must determine whether Peck and John
w. Dorsey, who then stepped out, were men
of straw and S. w. Dorsey tho substance. The
Government claimed that Peck and John Dor
sey still remained in the combination because
contracts in their own names. s. w. Dorsey
and Vale, who had no contracts in their
names were unable to make Gfiidavits, and
the old parties remained in for the pur-
pose of carrying on the business. If
/ it was lawful business, then it was all
right If PECK and John Dorsey knew it to
ptlrposeli vet agreed to further its objects,
+bn1 9beir 'e1oife5 ont did NOT retire them from
the conspiracy. That conspiracy did not de-
pend upon the contracts. a person might
remain in the conspiracy although no
had parted with his interest in the
contracts. The Indictment so alleged, but that
was dangerous averment, and was regarded
as surplusage. If fact and evidence were
to the, contrary, then everything depended
day before tho 10th of May, 1872 Whether un-
the 10th of May, 1879, there was no evidence Of
it, and in the absence of any proof of its dis
solution the jury would have the right 20 pre-
sumo that the organization formed in April,
1879, continued after the statute of limitations
ceased to protect inc Jury m must ~. ludge .iie
time by its antecedent history, but it was not
enough to find the existence of a conspiracy.
some one of The defendants after the 10th of
May, 1873 A difficulty arose at that point:
they bore that appearance upon their faces
/ were filed before the date spoken OF. On
to have been 6ied J11ly I0 1870. hut the evil
! dence was that it was fled April 3, 1879 and
# seemed that it was barred by the statute.
But here another question arose: whether the
/ parties interested in procuring the order IN
using the false petition hled April q 1872 to
mftted an act in pursuance of conspiracy
There was a statute bearing on that subject,
and he should mold TO the proposition tnoJ a
party availing himself of a false paper 70 Sc
cure an order on q certain day would not be
protected by the fact that il had been filled be-
/ fore that day.''HEH 50
Judge Wyiie then enumerated other papers
corresponding in their character to fhat al
/ ready Commented upon. He believed there
! was not "a single instance where papers were
filed within the statute Of limitations.
on the route No. Al, ,13I was clearly within the
period but Mr.. Ingersoli declared that the
l description of the papers was fatally defect
I i've.
The Judge then turned to the Indictment,
saying he was not disposed to attach any
| weight to the aVcrments that there were
fraudulent suh-contracts, for they amounted
! TO nothing. He could not see how they re-
/ suited in loss to the Government. An indict-
ment should set out any overt act as hay-
/ ing been done ia pursuance OF q
! conspiracy, and, perhaps this indictment
/ was defective in that respect. But that fault
I was cured by section ,025 of the statute. For
more than a year the Indictment had been
/ under constant fire. exposed to demurrers and
! TO every species of attack which the ingenu-
itY of able counsel could devise. but that
4 fault had mover been mentioned. The
Indictment was defective throughout in
that way. IL charged Bradys orders
with being fraudulent without having alleged
that they were made in pursuance OF q con
( spiracy. But the same statute cured that de-
feet and he would hold the Indictment suf-
+ hcfent as against defendants, including Brady.
Judge Wylie concluded his charge, ana at
8:45 the jury retired.
! GOred TO Death by Bull.