Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-06-05
The Star Route Trial.
MR.. MERRICK CONTINUES HIS ABLE srMN1N

MR.. MERRICK CONTINUES HIS ABLE SUMMING CP
Mr. Merrick this morning began the sixth day OF
his closing argument before the jury in the star
route trial. He said the design of the prosecution
In introducing Walsh's testimony was to show
that it was Brady's habit to charge compensation
for his official orders He did not doubt that dif-
ferent arrangements were made with different
contractors. He may not have exacted twenty
per cent from all Mr.. Merrlck then proceeded to
discuss the constituents OF conspiracy as defined
by different authorities
THE DOCTRINE OF CONSPIRACY.
Mr. Merrick, during his discussion of the doc.
trine of conspiracy, presented seven postulates,
which he desired the court to embrace in the
charge to the jury. These were substantially as
follows: That forgery Is crime under the law:
that to alter In any particular arter it has been
signed, paper authorized by the law IS forgery;
to file such forged paper is crime; to file
false oath or affdavit is criminal; the fl.ing of
false or forged paper with design to deceive is
crime under the statute; the presentation OF any
claim TO q department, when the person filing
knows the claim to be fraudulent, Is a crime: and
the presentation OF claim founded on fraud is
crime.
When Mr. Merrick read his first postulate Judge
Mylie asked him II these transactions complained
OF came under
THE TEcHNICAL DEFINITION OF FORGERY.
Mr. Merrick said that he would hold that the
filling OF blank affidavts and writing names In
petitions was forgery.
You may find some dinlculty in maintaining
tainiy it was wrong to do it.'
1T was high moral ofrense," said Mr.. Merrlck.
"Certainly fraud" said Judge Wylie.
Mr. Merrick then amended his paper SO as TO de-
clare such acts fraud.
VALE AND BRADY.
Mr. Merrick then turned to the discussion Of tho
testimony relating to Vaile holding that the evil
dence all tended to show au understanding be-
tween Vale, Miner and Brady, and that Vaile's
voluntarily expending from 600 to $4,000 on
losing routes belonging to other contractors evil
Would BE- Me argued 70 om Wae ne
aacrity In taking the routes at Brady's suggestion
showed that he knew Brady would take care OF
Mr. Merrick having declared that vaile ad-
vanced money on these routes without security,
arc Mr Ingerso Interrupted him to state that vaile
Client security.
Mr.. Merrlck said he had no doubt that Brady
Mr. IngerSOll said it was Brady'S duty to do 80.
as Vale had started the routes
law, and he could not pay to another man than
the contractor unless he was In combination with
the contractors.
MR.. MERR1CK AND Mr.. HENKLE.
Mr. Merrick, while discussing Vaile, referred to
him as millionaire. statement which Mr.
Henkle disputed. Mr.. Merrlck said that Mr.
Henkle had not spoken for Vale lest perhaps he
nlsh! cross the path Of some lother person, SO he
would let Haile speak for himself In his testimony.
Mr. Henkle, rising Said-"YOu have not made
Shadow OF case against my client, and did
not think 1t was necessary for me to speak for
him"
Now look here, Brother Henkle," said Mr. Mer-
rick, "you are good member Of the church.
your conscience by saying what you DO not be-
heve. A lawyer is not required to do that"
MI. Henkle protested that his conscience was
not sweated at all by the statement he had made
At this point the usual recess was taken.
STAR ROUTE NOTES.
This morning, when Mr.. Merrick resumed his
address, there were on: his table two handsome
VIII
some OF his admirers. Judge Wylie had an i'm
mense bunch OF roses on the table before him. and
tastefully arranged bouquet adorned the desk
OF the clerk and Of each OF the newspaper report
erS.