The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1883-06-15
THE STAR.ROUTE TRIAL.
The Long-Drawn-Out Case at Last Given
to the Jury-Judge Wylie's Charge.

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 commenced 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 hepolicy of the 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 of law
by an officer was not necessarily a crime. He
might misunderstood 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
creasing service, he must pay due regard 70
prcductiveness and other circumstances. 1t
hardly seemed reasonable or fair for Brady
to say he disregarded produetiveness That
was the policy of the present Cabinet officer
Ia witness in this case), 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-
tons. In this case, there was evil
by Congress for the fiscal year ending June
80, 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
astic on that subject. andif there was no cor
rupt motive it was not criminal act
The Judge naXf took nm the oI1actiOu of oo,,-
spiracy. The consiracy, he said, was charged
to be a combination Of intelligent beings to
defraud the United States by fraudulent affi-
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 TO- 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 d conspiracy Judge Wyl1e
said) all the 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
not there was conspiracy.
Judge Wylie here commented upon the at
tacks made upon the su1iciency of the in
dictment. He reviewed the evidence touch
ing the beginning of the combination. Sen
ator Dorsey" said he, "seemed to exert
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 wis brought here,
and, with Peck and John Dorsey, secured
some one hundred and thirty routes. Bidding
separately they were mutually interested in
arn Vyoc ,111if NJ ,5,4n.
Although not bidder, Senator Dorsey seemed
to be the most active man, not only in prepar-
ing the bids, but IN carrying out the contracts.
If he had a sinister and unlawful purpose he
was as guilty as if he had contract. It'was
matter of no consequence why he did
these things-whether from love for his
brother and brother in-law, from self-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 a corrupt purpose. If they
We're satisfied that it was fraudulent combi-
nation, then that made out its character am
terror to the period hxed by the statute of
limitations. Immediately upon S. w. Dorsey's
retirement from che Senate he took an active
organization was effected. The jury
must determine whether Peck and John
w. Dorsey, who then stepped out, were men
of straw and S. w. Dorsey the substance. The
Government claimed that Peck and John Dor
sey still rem8jned in the combination because
they COMMUNIST to make affdavits. They held
contracts Ia II cir own names. .. w. dorsey
and Vale, H-o had no contracts in their
names, were unable to make at1idavits, and
the old parties remained in for the puI~
pose of carrying on the business. If
it was lawful business, then it was all
right If Peck and John Dorsey knew it to
be an unlawful combination with criminal
purpose, yet agreed to further its objects,
then their going out did not retire them from
the conspiracy. That conspiracy did not de-
pend upon the contracts. A person might
remain in the conspiracy although he
had parted with his interest in the
contracts. Ehe Indictment so alleged, but that
| was dangerous averment, and was regarded
as SurpluSage. Ii fact and evidence were
to the contrary, then everything depended
upon the character of the combination at that
day before the 10th of May, 1879. Whether I'M
lawful or not, ii the combination ceased after
the Goth of May, No, there was no evidence of
| 1t, and in the absence of any proof of its dis
| solution the jury would have the right to pre-.
sumo that the organization formed in April,
! 1879 continued after the statute of limitations
ceased to protect. The jury must judge
OF the character of The association after thu t
time by its antecedent history but it was rot
| enough to find the existence of conspiracy.
| They must find an overt act commit ed by
| some one of the defendants after the 10th of
May, 1879 difficulty arose THAT point.
Most Of the alleged fraudulent petitions (and
| they bore that appearance upon their faces
were filed before the date spoken of. On
route No. "a, l49, "A false petition was charged
! to have been filed July 10, 1879, but the evil
dence was that it was filed April g. 1872 and
| it 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 filed April g. 1879 to
secure the order of July TO- 1879, had not COM
mitted an act in pursuance of conspiracy?
! There was a statute bearing on that subject,
and he should hold to the proposition that a
party availing himself of a false paper to Sc
cure an order on a certain day would not be
| protected by the fact that it had been filled be-
| fore that day."
/
/ corresponding in their character to that al
ready commented upon. He believed there
was not a single instance where papers were
| filed within the statute of limitations.
Mr.. Bliss interrupted to say the the affidavit
| on the route No Al 13l was clearly within the
/ period, but Mr.. Ingersol declared that the
| description OF the papers was fatally defect
| i've.
The Judge then turned to the Indictment
/ saying he was not disposed to attach any
weight to the avermentS that there were
| fraudulent sub-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 hav-
ing been done in pursuance, OF q
i conspiracy, and, perhaps, this indictment
was defective in that respect. But that fault
i was cured by section OPS of the statute. Fol-
more than year the Indictment had beer
under constant fire, exposed to demurrers and
/ to every species of attack which the ingenu
| ity of alb e counsel could devise. but that
/ fault had never been mentioned. The
| indictment was QeIecJlV6 Lnr0UgnOuG III
| that way. 1t charged Brady's orders
! with being fraudulent, without having alleged
i that they were made in pursuance of a con
/ spiTacy. But the same statute cured that de
/ feet, aud he would hold the Indictment suf
/ fct ent as against defendants, including Brady
Judge Wylie concluded his charge, and al
| 3 I'D the jury retired.
There has been no sign FROM the jury room
/ since the retirement of the jury.
/
If some scientist will work out a
reasonable theory for the tornadoes and
cyclones which this year respect no class
or climate, he will do valuable service.
There seems nothing in sight on which
to lay the blame of these terrors by sea
and land; and yet it would appear as if
there should be some potent cause, and
that within the ken of the scientist
Chicago Inter Ocean.
Peter Cooper's children follow in
the footsteps of their father At the
/ twenty-fourth annual commencement OF
Cooper Union, Saturday evening, Mr..
| Hewitt announced that during the year
they would add $4,000 to the $780,
600 bequeathed to the institution in the
will of the deceased philanthropist. IN.
/ T. Tribune.