The Evening critic., 1883-04-17
THE TWENTIETH WEEK
Opens Up with vanderbiIt's Hired
Man. James. on the stand.


Tho twentieth week OF tho starRoute trial
was entered upon this morning In the Crimi-
nal Court before Justice wylie.
Thomas l.. James, OK. Postmaster r. General,
was recalled and testified that he was on n
train with Rerdell coming from New York and
was shown two dispatches. Ho saw by whom
they were signed.
Colonel 1ngersoll objected to the evidence on
the ground that II should have been put In as
testimony.ln-chiof, and not In rebutlal.
His HOnor's Decision.
After argument His Honor said that II tho
evidence was admitted II would only be owl
dence against $. W. Dorsey. II was In relation
TO acts that happened after tho alleged con-
spiracy was completed and not in pursu1nce
OF 1t. The Court would allow tho admission
OF evidence II It was shown that 1t was omitted
through inadverte nee. In this case there was
no ground for the claim OF inadvertance. The
counsel for the Government did not say they
did not recognize Its Importance, but on tho
contrary they had gone on with Rerdell and
james to show the kilograms as far
as could be done, and there stopped.
When Dorsey came on the stand tho Govern
ment, on cross-examination, asked him II he
sent two dispatches, and he said that he did;
and there they stopped. II they had asked
the contents OF them they might have contra.
dicted him. That being so 1t was for the pur.
pose OF corroboration. Tho defense had not
put itself behind the telegrams Therefore
tho offer was made by the Government to
itself to anything OF that kind aud
permit 1t to be done The rule was
so well known and established that
10 refer to It. His Honor then cited two cases
from Darlington & Paine, to the effect that
such evidence, similar to that offered, was
testimony-in-chief and not rebuttal. He
thought that IL was true law that evidence
In reply must be confined to cutting down tho
case made by the defense. 1t had been further
urged by tho Government that 1t was lmpos
sible TO obtain this proof earlier or open tho
door and let In the light. His Honor did not
know that tho light had been excluded.
The Government had failed TO cross examine
Dorsey on the subject when they Ind the oppor-
tunity, and now they could not claim the right
to offer testimony in rebuttal about which
Dorsey had not been questioned. They could
not manufacture in courts new rules of evil
dence to apply to kilograms that were subject
for legislation, and 1t was also a question Of
policy whether there should be law admit
ting them to public evidence In court. He
should overrule the offer.
More Jawing Over James.
The witness, resuming, said that he met
Mr.. Newcomb at Jersey City on June 10 and
gave him some Instructions.
Colonel Ingersoll objected TO the testimony
and moved TO strike II out.
His Honor said that he had recOnsid cred tho
| point since this ofrer was made last week and
was satisfied that his ruling In rejecting the
| offer was correct.
Mr.. Bliss read an English authority In sup
port of his proposition to prove an alibi as to
Rerdell going to the office of Dorsey In New
| York at IL o'clock.
Colonel Ingersoll did not know that they
| wanted to prove an alibl for RerdelI. They
| had taken his statement, and now by another
| witness the Government wanted to prove that
Rerdell, their own witness, lied. From
what he had heard he was led to be.
would testify that Rerdell went to the office
| early in the morning, when the of1lce was moi
| open and nobody was there, and that he was
not there ngain throughout the day.
| AZ the close Of the argument the recess was
| taken.