National Republican., 1883-04-20
The Court Holds That the Prosecution Must
Close With One Speech by One Counsel.
Mr. Meuick Gives Notice ThatA4e Will
Ask for Reconsideration.
His Reply 10 Some on Repeated and Sns,rins
Allusions 10 the Attorney General
Mr. Ker Begins Ills Review OF the Evil
denCe in the Case.


method of disposing of prayers was con-
tinued. s....
The court was inclined to favor the submis-
sion and consideration of the prayers after
the addresses TO the jury had been delivered.
The discussion then turned upon the order
Of argument to the jury.
Mr.. Mcrrick was content with the allow
ancc of two opening arguments for the gov
ernmcnt. What they would ask when it
came to the closing arguments he declined to
say, and was of opinion that that question
was not yet properly before the court and
that decision upon that point was not now
in order.
Mr.. 1ngersoll defiod the prosecution to bring
forward any case in an Anglo-Saxon court
where the government had been allowed two
closing arguments. He regarded IL as Of in
finite Importance to the government, as well
as to the defendants, that tho proprieties Of
law should be observed. Mr.. Ingersoll re-
ferred in scathing terms TO the Brady trial in
Ireland. In that trial. he said, the defend
ant had been found guilty, had been sem
tonced his motion for new trial had been
ovcrruled, and all Of this without a recess of
the court. Such q trial was scandal. 1t
was scandalous that n man should be sem
fenced to be hung without the least considera-
ton The world felt that 1t was the work of n
mob, and none the less mob because il was in
the form of a criminal court. He assumed that
the attorney general wished to speak in this
case. His sense Of propriety should prevent
him from throwing the weight of his official
position against the defendants.
Mr. Merrick remarked that there was moth
ing before the court in regard to the attorney
general.
The court presumed that Mr.. Ingersoll was
making hypothetical argument.
Mr. Tnuerholl contanded that he had a right
to hold to his assumption, for the attorney
general had appeared in the last trial. Upon
Mr.. Wilson's objection the court had then re-
fused him the privilege of calling for volun-
teers from the prosecution to help him out.
IL he thought that he was better able to close
this case than the gentlemen who had tried
it let him try. But he (Mr. lngersoll) wished
to hear but one closing argument, and If the
attorney general wished TO speak, let him
speak where he could 10 answered, or close
the case II the court allowed two closing
arguments to tho government, he (Mr. lngerss
soll would refuse 20 address the jury, and
would leave the evidence TO their sense OF
fairness. II would not be prosecution, but
persecution.
The court refused to hear further argument,
and proceeded with review of the different
methods of practice. He said that, in view
of the unusual number of counsel for the de-
fcnse, there could be no question of the fair
ness of allowing to the prosecution as many
summing-up or opening arguments to the
government as they desired but when it
came to the closing argument for the govern
ment it would be confined to one argument
by one counsel.
As to the remarks of Mr.. Ingersoll about
the attorney general throwing into the scale
the weight of his great office, the court did
not think that his appearance was much to
be deprecated on that account. The govern
ment was already present here. and IL the
attorney general saw fit to take part in gov
ernment case there would be no impropriety
in the world. 1t was the custom in England
and had fallen into desuetude in this country
because Of the press of public business. Sc
there was not much in Mr.. lngersolPs argu'
ment on that point that was rather wind
mill.
Mr.. Ingersoll Exactly. [Laughter.l
The court. ! mean that 1t was a wind mill thai
Mr.. Ingersoii. Oh, understand. Renewed
laughter
Mr.. Merrick gave notice that he would ask
for decision when the proper time came, ant
in his belief this was not the proper time
He wanted to reply to some of the sneering
remark made against the attorney general.
The attorney general had not attended IN
this case AS he had in the first, because there
had been period of greater political activity
q congress had begun and died in the present
case, while the first case began in June anC
ran through u long summer. But when the
counsel said that the attorney general knew
nothing of the case, they spoke absolutely
without knowledge. He did know the case
thoroughly, and it was. to him a case of the
deepest, most absorbing interest.
On account of his health he was now at the
seashore and although the matter had beer
talked over before his departure, counsel had
had no opportunity Of learning his wishes in
regard to the arguments.
The court said that it would entertain Mr.
Merrick's motion for a reconsideration of its
decision at the proper time.
Mr.. Ingersoll said that to allay any ill
feeling, he would acknowledge that the at
torney general knew the record by heart. He
had seen lights in the department of justice
as late as 3 o'clock in the morning, and he
supposed that the attorney general was study
ing the record.
Mr.. Merrick That statement is incorrect
equally with the first. You tried to drive of
one attorney general, and ! suppose you will
try to drive off another.
Mr.. Ingersoll. He will run away by the
light of the bonfire he has built.
Mr.. Ker then began the summing up for
the government He pointed to the volumi
nous record-over 400 pages-and said that
IL was his duty to bring the salient points tC
the attention of the jury. Beginning with
the indictment, he explained the law upon
which it was founded At first he said, il
had included eight persons, but that number
had been reduced to five, Peck was dead
Rerdcll had pleaded guilty, and the jury had
nothing TO do with him, and Turner had been
dropped from good reasons.
He wished the jury to bear in mind that il
they found the defendants guilty, and there
was any error, the court could set asitie the
verdict. But if thoy returned verdict oi
not guilty, no power on earth could recall the
action. Brady's duties were described al
length, as was also the method of calculat ing
the allowances for expedition and increase.
Conspiracies of different kinds were de.
scribed with the object Of showing that ii was
not necessary TO provo an actual specific
agreement at certain date between the
parties to make out the conspiracy. He
pointed to the evidence in this case, of fraud
ulent petitions aflidavts, and subcontracts
and asserted that every one of tho eighteen
atfidavits put in evidence had been
shown to be absolutely false. He
promised to show to the jury how enor
nous sums of money had been taken from the
treasury through orders based upon thes,
fraudulent oaths. There had been some talk
on the subject of the statute of limitations
but under the rulings of the court it was only
necessary for the jury to find that one overt
act had been committed Within the three
years preceding the date of the indictment
or after May 20, 1879. There was ample
proof of such acts in tho evidence.
Mr. Kcr then began detailed review o.
the testimony. The clause providing for ex
pcditiUn had been inserted in the sub-con
tracts by s. w. Dorseys direction. He ha
said that IL was the custom among mail con