National Republican., 1883-03-07
"rn1s Is QUE cAsE.n

So Spoke the Counsel for the Government
Yesterday In the Star Route Cases, and
Court Adjourned to Give Counsel for thc
Defense a Chance 20 Arrange Their Pro-
gramme.
The court, counsel, and jury appeared to bo
refreshed after the three days intermis5ion
when the star route trial was resumed yester-
day morning. Tho witness Boone was re-
called by Mr.. Bliss. The pencil memorandum
containing the "Smith" and Jones" entries,
which Rerdell swore had been made by Dor
soy, was submitted TO the witness lie hesi-
tated looked carefully at the paper, and
finally said 81 would not like to say posi-
lively who wrote that. My best Judgment is
that it was written by S. w. Dorsey or Rer-
dell | would not like to say which one."f
The Chico Springs letter from Dorsey to
Rerdell dated April 3, 1873, was noxt shown.
The witness declared positively that Dorsey
did not write that letter. lie knew that Dor
scy was in Washington at that time, for he
was in communication with him ON that day.
The court interposed aud asked if the wit
ness knew who wrote the letter.
lie answered that he would not like to say.
The witness was then turned over to the
defense for crose-examinatiOn.
Mr. IngersOll offered to prove that IL was in
the usual course Of business for the defend
ants to sign the names OF each other. The
court refused the offer, saying that it would
DO proper when the defense was begun.
Taking up the Smith " and Jones" mem
orandum, Mr.. Ingcrsoll called the witness
attention to the entry M &. Il, and asked
his opinion
The witness asked if he might be allowed
to consider other circumstances in making
his answer.
The court responded in the negative.
ant t,,t
was unfair, but finally said that the memo
randum down to profits and loss" favored
Dorscy's handwriting. The remainder (Which
included the "Smith" and "Jonos" " entries)
favored the handwriting Of Rcrdell.
The witness again reverted to the "crcum-
stances" surrounding the signature of the
papGis but the court abruptly bade him
"drOp the circumstances" The witness eN-
planned that when this fitting in and interim
ing was done, the parties purposcly disguised
their handwriting, so that speaking from the
writing alone il would in many cases be i'm
possible to say who did the writing.
While awaiting witnesses from the post
office to show the revenues of the routes, some
arguments took place upon the admissibility of
evidence to show the practice Of Brady's sue
cessors in regard toexpedition.
Mr.. Bliss said that Mr.. Routt, who had pre-
ceded Brady, made but dozen such orders,
for inconsiderable amounts, while Brady, be-
ginning with twenty orders for large amounts
in his first year. ran the number up to seventy
or eighty in his second year. He therefore
thought it would be proper to introduce such
evidence in proof of the charge of improper
expedition.
Mr.. Ingersoll argued that during Routt's
term the country was suffering from panic,
and that the government had been compelled
to retrench equally with individuals.
Tho court said that the matter had been
disposed of during the first trial it was too
large and vague an inquiry to so into ut this
stage of the proceedings.
After recess Mr. Ker proceeded to examine
several postoilce and auditors clerks to prove
| the revenues and productiveness of different
routes In answer to an objection from Mr..
| Wilson, the court said IL did not understand
that the evidence was p.1sented to show that
| Brady knew how small were the revenues
| from the routes. But the law required that
| expedition be made with due regard to pro-
ductiveness, and if an officer made cxpedi-
tion without such regard, then 1t was proper
matter of inquiry.
The court refused to allow Mr.. Wilson to
ask one OF the clerks if he knew how many
of the star routes paid expenses, holding that
| it was not subject proper to touch upon in
| cross examination.
The defense having objected that the evil
dence of prOductivenoss did not come down to
II recent date, the court replied that if they
farsightcd as to perceive that the expedited
routes would be productive within few
years, he ought certainly to have credit for
| that course. va
Mr.. Ingersoll declared that, as n matter of
fact, there was not n star route west of the
Mississippi river that was not operated at u
loss.
He referred to tho early days of the over
land route, where the government carried at
a cost of So letter for which they received
three cents. How, he inquired, were they to
| draw the line.
Tho court again quoted the limitation i'm
posed by law upon expedition allowances.
| Certainly tho governments evidence was
competent when it embraced n statement of
the revenues for two quarters before and
after the expedition orders If the defense
could show that there had been no abuse of
! power, and that the orders had been wisely
made, they mould not be excluded because
the government had not gone that far.
! By mutual agreement the counsel waived
the reading of a number of official papers, and
Mr. Merrick said, THAT is the governments
case, your honor" As IL wanted only an hour
of the usual hour of adjournment, upon
motion of Mr.. lngcrsoll the court adjourned
| The defense are expected to begin their case
| tomorrow,