Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1883-06-13
News by Telegraph
FROM ALL QUARTERS.
GIVEN TO THH JURY.
The Star Route Verdict In
der Consideration.
POINTS IN THE JUDGES CHARGE.
The RuInOred Standing of
the Jury.
CROOKS FIGHT WITH THE APACHES
News from the Indian
Fighter Himself.
THE NATIONAL CAPITAL.

THE NATIONAL CAPITAL.
The. star Route c ase Judge Wylie's
Charge to the Jury-Points Impressed
Upon Their Notice.
WASHINGTON, June 12.-Judge Wylie in
delivering his charge to the Star route jury
after complimenting counsel for the clear
ness of their arguments said it would be dan
gerous to go into the details, but that it
would be proper to call their attention to
some points. In the first place they were to
decide this-c according to the evidence
and not be swayed or Influenced other than
by the law. They should look at the case
without regard to newspaper appeals for
conviction or acqufttal. Popular clamor has
its sway in its particular sphere, but it should
have no field here, sympathies with the
defendants on account of religion or relation
in life should have no weight in their minds.
No public officer had the right to set up his
policy against the policy of the law. The mere
violation Of duty on the part of the public Off
GERS is not criminal He then read the stat
ute in regard to conspiracy. Two or more
persons must conspire;. there must be some
intelligence between them union of minds
common purpose between them to accom-
plish a certain thing. A man might by
his own action do certain things
to forward the object of con-
spiracy without having anything to
do with conspiracy. There must be
united views motives of criminal character
and every man must be convicted upon his
own conduct, not on that of another person.
He referred to the fact that ex-senator Dor
sey, Miner and Peck secured one hundre ed
and thirty contracts, and although bidding
separately, all were interested and there was
viewed the principal points in the prayers
submitted. Referring to the Tongue River
and Mineral Park routes he maintained
that there was no urgent necessity
for granting expeditions that required mail
carriers to travel night and day through re-
gions unsettled. That kind of administra.
ton shocked his sense of justice. Still men
sometimes became enthusiastic in Office and
prompted by desire to gain reputation
went to great lengths. Brady's action in
paying more attention to the recommends
tions of Senators and Congressman than to
petitions his honor thought worse than act
ing upon fraudulent petitions.
Referring to the conspiracy phase OF the
Indictment, Judge Wyle said he had heard
argument during the trial as to q chain of
circumstances being necessary to prove a
conspiracy and that chain was no stronger
than its weakest link. That was metaphor
that was altogether delusive. When a jury
had multitude of facts, all the circumstan-
ces pointing in one direction, they are more
like the vanes upon the public buildings of |
the city. When they saw all these yanes |
pointing in one direction they knew how the |
rusty and did not point that way, it did not |
discredit the others necessarily. There
may be certain facts in the |
case that did not point that |
way either through defective proof or |
otherwise. It was for the jury to decide |
clearly to conspiracy that there can be no |
doubt of the fact Concerning the validity |
of the Indictment Judge Wyie held that this |
point could not be raised at the time that the |
Indictment was valid and the court acts |
more properly charged against Brady. His |
honor then considered briefly some of the |
prayers relating to principles of law which |
the court had already discussed. Coming to |
the prayer concerning the credibility of |
Rerdell he said if an accomplish was
corroborated by other facts in the |
case the jury was safe in giving what |
credit they chose to the accomplish. An &C. |
complete was to be believed when supported |
and not believed when unsupported. It ap.
peared as though it was the supporting testi- |
mony that was to be believed. As matter of /
fact during trial many facts come out and |
the jury could consider how the testimony of |
the accomplish fell in with and harmonized |
with this fact. Referring to the question as |
to the number who could be convicted he |
said anyone could be convicted If the jury |
found him guilty of conspiracy with Rer
dell who had pleaded guilty.
When Judge Wylie had finished |
his consideration of the prayers at 3:15 p. m. /
Mr.. Davidge said he supposed the counsel /
ruO1 hor "a 0f N
to passages in the charge after it was printed. |
Judge Wylie said that all exceptions would |
have to be taken before the jury left the box. |
Mr.. Dayidge then noted exceptions to differ |
emit portions of the charge. The court upon |
the request of Mr.. Bliss charged the jury that |
any one of the defendants could be |
convicted of conspiracy with Peck, Fore |
man Crane said that some of the jurors would /
like to have copy of the charge. Judge |
Wylie said that all there was of the charge |
now was what remained in their memories. |
If the jury was at loss about any question |
of law the court would with pleasure try to |
explain their difficulties. After instructions |
had been given to provide the jury with din |
ner and the Indictment had been handed to |
the foreman the jury was at 3;45 p. m. con- |
Quoted from the court room to the seclusion |
of the jury room. The court then took q |
recess till to morrow at 10 a. m with the |
understanding that it would come in at any |
time when sent for by the jury before 10 |
O'Clock at night.
The hour set by the judge 90 p. M has |
passed without any sign of an agreement of |
the jury, most of whom by that hour were |
in bed. The impression prevails here to- |
night that the outcome of this second trial |
will be disagreement on the part of the /
jury after remaining out day or two.
1t is said that the jurors before retiring |
for the night stood eight for conviction and |
four for acquittal.
Miner Matters From the Nations S at.