National Republican., 1883-06-01
To Which Mr.. Morrick Leads the Jury in the
Star Route Trials.
The Deeds Of Brady and Dorsey Con
sidered at Some Length.
Discussion With Mr. Ingersoll and the Court as 10
What Is and What Is Not in the Record.
A Juror Asks For the Printed Evidence
The Request Declined.

orders for expedition and increase, and he
pointed out how that system had involved
great loss to the govornment-notably ON
tho Tongue river route. He asserted that it
had been tho almost uniform practice of tho
department, except where the routes
named in the indictment were con.
ccrned, to separate these orders, and
that Brady. when on the stand, mad
condemned his own practice. Thero was
the Mineral Park-Pioche route, beginning
with contract price of So, ,0s2 and increasing
to $52,033 per annum. How they grew. AZ
morn a bud; at noon under the favoring dews
of expedition and the fraudulent kiss OF its
sun--Brady--a full blown rose The route
from White river to Rawlins was an instance
OF the small amount of attention Brady paid
to the petitions that he now held up as
shield against the lance of justice. There
was not petition, q letter, or even
the scrape of pen that asked LOT
the fast schedule ordered by Brady, unless
IL were tho contractors affidavit. These
men were not dealing in small transactions.
They were dwelling in the feeling of Sc
curity natural TO men who had robbed IN
safety for years men stimulated by antici-
pations of wealth, and without. fear of retrib-
utive Justice. Here was. an affidavit that
had been held up by the defense as an exam
pie Of how Rerdell initiated Dorsey's hand
writing, yet tho filing mark OF the depart
ment and the notary's seal showed that Rer-
dell was 1000 miles away when it was made.
Boone also swore that Dorsey wrote it, AL
though these men were very cautious they
sometimes left tracks. Guilt was sometimes
reckless. The foreman interrupted to re-
mark that perhaps the affidavit had been
filled in by Rerdcll months before its filing.
Mr. Merrick said that it was possible, but
the possibility was so remote that he dld no5
think ANYBODY would consider it, especially
after the other proof, such as the letter of
transmittal.
The Jury might have many speculative
theories, but must con6ne themselves to the
probabilities His theory was that Brady
sent for Dorsey (he made the orders only
when Dorsey was here) and told him that i
would not do to put the schedule on the
White River route down to eighty-four hours;
il would be too evident an abuse OF authority.
Dorsey must give him an affidavit for a forty
five hour schedule. Dorsey took Kellogg's
affidavit filled II in, and filed it. The order
followed in two or three uays. herueil was
not there.
The roots Of tree watered by crime could
bring forth nothing but iniqu!ty aud SIN. He
had taken the jury down to the very roots
If they found that the contractors had made
these afiidayits by perjury, for the benefit of
ono another, then the conspiracy was made
out; tho crime was proved. Instead of tast-
ing of the waters afar down, where it flowed
between green banks, he had taken them to
tho very fountain, and showed the poison in
that fountain If it was not there, then the
government surrendered its case. If it was
there. then in the name Of the people of the
United States ho demanded that retribution
bo visited upon the men who poisoned that
fountain, These defendants were bold, bad,
unscrupulous men, who had attempted 10
browbeat court, jury, and counsel from the
beginning of the first trial down to this time.
Brady had gran ted Sthe applications of the
contractors against the protests of the people,
when what the contractors said was needed
cost large sums Of money. Let the jury try
TO trace it TO any proper motive; reconcile IL
with any theory of innocence; give Brady
tho benefit of any doubt, yet they could not
Int conclude that Brady was animated by
corrupt motives; corrupt motives known and
INDUCED by the contractors who made the
oaths' Counsel felt the weight of the evil
dencc when men like Mr.. Ingersoll asked for
the mercy of q verdict of acquittai.
Mr. Ingersoll. 81 asked for the mercy OF an
honest verdict"
Mr.. Merrick continued The court room
was n place for iustice-cOd and unadorned.
Mercy was upon the gentleman's lips before
the doom had been pronounced Sweet
mercy turned her back while the scales of
Justice were held up and until the balance
had been struck.
The foreman put n question touching the
method of arriving at the amount OF compen-
sation to be paid for service,
Mr.. Mcrrck said that the contractors could
cheat the government in two ways they
could lie down the proportion Mt one end, or
Iie II nm Mt the other end. Generally they
did both, and did it safely under Brady s
fostering care.
Mr.. Mcrrck offered to the foreman q paper
containing an exemplication OF the method
of calculating tho allowance, but Mr lnger-
soil objected, remarkins ironically that 1t was
dangerous.
Mr.. Merrick did not blame him 1t was
dangerous; he might smile his bandcst
smile and shake his round red head till the
end of time but he could not sneer 1t away.
He was not to blame in doing what he could
for his client IN using all of his eloquence
in pathetic appeals for mercy.
Mr.. IngersOll objected to what he called n
mIsstatcment of the record llo had again
and again said that he wantcd,an honest YER
dict-a verdict without fear. lie had only
asked for the mercy of an honest and couri'
rcous verdict, aud did not like IL said that he
had asked for u verdict on account of mercy
Mr. Merrick asked if he took back his
speech.
Mr.. Ingorsol replied in the negative.
Mr. Mcrrick admitted that the gentleman
had asked for the mercy Of au honest verdict
based upon the record evidence. But was
Dorsey's wife and home in the record? While
ho asked for an honest verdict, he made
pathetic appeal that tears might moisten the
ewes and obscure the Judgment OF tho jury.
Mr. Ingersoll turned to the record and at
temDted TO read q paragraph from MS hpeccl
in reply, but Mr.. Morrick objected, and thu
court stopped Mr.. lngoTsoll, saying that ap
meals by the defense 10 the sensibilities of th'
Jury were proper enough, and were offset by
appeals for justice by the prosecution. Afte
ali, the jury must decide ON their consclence
aud according TO tho testimony.
Upon n purely local route-Dallas-Bake
City-thc pay had been run up to S72, 800, th
allowance of expedition being $4,000. Yet
for one year after the date of the order, no eN
pedition was made upon the route, although
the contractors were paid for IL by the faith
less fraud upon his trust-Thomas j. Brady
When Walsh had sworn that Brady told hin
the petitions were only used as hiding place
for his villainy, the defense had the audacit
10 shield HIM behind those paper walls, an
Walsh stood umimpeached, witness wnO1
the defense did not dare to cross examine.
Before he got through he would show hoy
tbe defense had courted the darkness instea
of the light how they had suppressed testi
mony; how guilt sheltered itself behind re
fusals TO testify.
MIR. Merrick spent some time in an expla
tion of his theory of the contractors reason
for fling double afiidavts upon one route
and he declared that Brady must have see
that one or the other was a lie yet he di
not make any inquiry, but accepted one c
them.
Judge Wylie suggested that Mr., Merrol
explain TO the jury how the apparently dii
ferent afhdavits brought about the same rt
suit, and Mr.. Merrick accordingly went int
At a. Tho gai