Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-03-14
THE STAR ROUTE TRIAL.
Testimony OF Turncr-An Objection
which Led TO Considerable Discuss
sion,

Which Led TO Considerable Discus.
sion.
Wnen the star route trial was resumed this
| morning Mr.. Wilson called to the stand Mr.. VIM.
Ii. Turner late clerk in the contract Office, Post
Office department, and the defendant who was
acquitted at the last star route trial He testified
that he entered the department about July, 1865,
as first class clerk subsequently he was a route
book clerk, and in 1877 MAS assigned to the charge
OF the Pacific division n the contract Office.
preparation OF the ,dver:sem ant for the letting OF
! 1873. Mr.. Wilson asked the witness II there was
| any understanding between these defendants and
himself In regard to the preparation OF the adver-
| tisement. but the question was ruled out. The
witness became acquainted with Miner, Rerdell
known Mr.vaile, by sight he thought. for 10 years
he thought he had known &. w. Dorsey for or 9
years He did not have an intimate acquaintance
| with him. In 1879 there was a division OF the
routes, and after that division there appeared to
| be an
ENM1TY BETWEEN RERDELL AND MINER,
| who avoided speaking to each other Miner, after
the division, never did anything about the routes
| Rerdell had charge OF, and Rerdell took no in
| terest in the Vaile and Miner routes. The wit
ness me- G explained an erasqre on a jacket enclosing
| by saying that a change was needed, and instead
| OF making new case he
SIMPLY SCRATCHED OUT THE FIGURE
| 80 and inserted 46. The af1davit called for q
| change Of schedule from 1OS to 90 hours. This
| hour. The witness called Mr. Brady's attention
| to it, and Brady said the time allowed was too
great and he should make 1t IS hours The wit
ness then scratched out the 80 and wrote in A. The
witness said that he did not know OF any altera-
tions in figures Witness was asked II he had ever
other consideration for his services In Connection
with star routes.
Mr.. Bliss objected.
| Mr.. Wilson said 1t had been testified here that
payments had been made to Turner
UNDER THE NAMR OF JONES'
Mr.. Merr1ck said that Turner was out Of this in
dctment; furthermore, Rerdell testified that this
payment was recorded in the books which the de-
tense refused to produce and that this would raise
OF Mr.: Belford, which would be boundless.
Mr. Davidge argued that in the case of Belford
testimony regarding Mr. Belford had been called
out upon crOS5-examinatiOn In the present case
was part nod the direct Of
and Samuel Jones, and the name OF Jones stood
for Turner This testimony OF Turner would show
JUDGE wYL1B OBSERVED
| that the difficulty was that this testimony could
| not establish the proposition of the defense. II
Rerdel had testified that he had seen money paid
then this evidence would be competent to contra
| Mr. Davidge. In replying. said he need not re-
| mind the court that innocence could rarely pull
Sse hat % set
| that question"
YSa sant answer said Judge wy unt
Mr. Ingersoll said the defense insisted that the
pencil memorandum was not genuine; and that
Rerdell wrote at least part OF 1t himself As tend
Ing to show this they would prove that Turner as
Samuel Jones and Brady as VIM Smith never re-
reer ens cent He thought that to prove that
tnat that memorandum was not genuine, or that
ne @ meaning meaning placed upon It was corrupt one:
made up this memorandum to purchase his lib
erty:
MI. Bliss said there was no statement by Rer-
dell, In his direct examination. that samuel
regarding Rerdells statement to him Turner's
name did appear The testimony this witness was
o 19a
could not contradict Rerdell in that If they were
to go into the question as to whether Turner re-
ceived money from Dorsey, then they would start
out upon side issue.
RULING OF JUDGE wYLrE
Judge Wylie said that Rerdelrs statement, ac-
cordlng to Mr. McVeagh, was that Dorsey had in
structed him to make an entry against Samuel
Jones, and Rerdell and Samuel Jones stood for
Turner The testimony of MacVeagh related to a
conversation held with Rerdell, and the evidence
was against Rerdell. who was then one of the de.
fendants; Would the evidence OF Turner-if he
proved that he had never received mOney-prove
that MacVeagh's testimony was not true7 Tur-
ner's testimony would not dsprove the fact or the
Dorsey gave such instructions to Rerdell and yet
Turner never received any money. The fact that
dorsey directed that such charge be made
against Samuel Jones did not prove that Turner
ever received the money.
Mr., Wilson asked what relevancy the testimony
had to the case in that view of 1t.
Judge WylIe SAID 1t was received merely as evil
MI. Wilson said that If the evidence was ad-
Judge Wyiie said they should dsprove the al
legged fact OF the entry in the book
Mr.. IngersOll, In further argument, urged that
tne court would permit Dorsey. II he were on the
stand. TO swear he never gave the pencil memo
Brady or Turner Then the court would allow
him to strengthen Dorsey's evidence by proving
that Turner and Brady neve received any money
He did not think it would matter at which end OF
the proposition they began He held that to prove
that no money was paid would tend to prove that
dorsey never gave the memorandum to Rerdell
THE BEST EvrDENcR
Judge Wylie asked If that would not enable the
defense to escape by circumvention the pro-
duction Of the best evidence.
Mr. Ingersoll asked II the court meant the books
Judge Wylie having answered In the affirmative,
clients that no such books ever existed; and no
such checks as Rerdell described ever existed
yenge Wye - SAID tin the question Was whether
certain writings would be allowed to disprove by
other evidence the facts claimed to be established
ondary evidence on the pledge of counsel that they
would disprove the existence Of the book he said
It had not appeared to the court in proper form
that the defense did not have possession OF these
books.
Mr.. Ingersoll remarked that they could not pro-
duce evidence they did not have and whose exist
ence they denied
Mr.. Wilson called attention to the fact that It
was not claimed that his client BRADY had these
books, and when he called witness the evidence
should not be excluded because some one else had
refused to produce books.
Mr.. Merrtck said counsel had spoken fndscrfm-
tnately OF the testimony OF MacVeagh and James,
and Rerdell, as II the two pieces or evidence occu-
pied the same position In court, whereas the ev-
dence OF MacVeagh and James was admitted
against Rerdell alone. and not against the other
defendants.
Mr.. Merrtck. continuing, said that Rerdell had
been asked who was meant by VIM. Smith, but
had never been asked who was meant by Samuel
Jones. So far as VIM. Smith was concerned, as
Identified With Brady. let them put Brady on the
stand and prove that he never received any money
object" said Mr.. Carpenter.
MI. Merrick proceeding, declared that Mr.. In
gerson had spoken OF putting MIR. Dorsey On the
stand, and he was only following out the same
line.
Mr.. Carpenter and Mr.. Wilson both started to
their feet.
81 have asked the court" said Mr. Carpenter.
'to call the counsel to order for unprofessionai
and Illegal statement"
ssWlV? H0W?0 fnnufrnN dyoV VvIlo