National Republican., 1883-04-13
THE DEFENSE RESTS.
Mr.. Henkle Meets a Surprise in the Course Of
His Search for Truth.
The First Six Names on a Petition Shown
to be in Miners Handwriting.
Several Clerks in the Contract Office Examined
Records and Documents as Evidence.
The Rcbuttal Begun by Proving the
Destruction OF kilograms.

James f. Waugh, of this city, was the first
witness called yesterday in the star route
trial.
He had known Miner for several years, and
was familiar with his handwriting. The pc
tition alleged to have been written and signed
by Miner was shown to the witness, and he
declared that the first six names had been
written by Miner.
This answer was somewhat Of o surprise to
Mr.. Henkle, who explained that he had not
consulted with the witness before he had been
called. The court presumed it was search
for the truth. The witness then stepped
aside.
Mr.. Wilson offered in evidence copy of
Gen. Brady's report for the year 1877, but tho
court refused the offer. The same course was
followed in regard to some portions of the re-
port of Brady's testimony before the congress
sional committee.
Mr.. Ingersoll then offered in evidence the
report made by Special Agent A. NJ. Gibson,
upon the star routes, which was attached to
the annual report of Postmaster General
James, for the year 1881. Mr.. Bliss made
strong objection. That report, he said, had
been made by gentleman then employed by
uSpdibhcub VI JuopiNc' Aho hSphlbhChb
had refused to publish it, and it had been sent
to the postoffice department and published
in connection with Postmaster General James
report. When the gentleman's connection
with the government ceased, he, had passed
Immediately into the employment of the de-
fendants, and had received $1,000 from them
during the last year.
Mr. Ingersoll had never heard of such
thing; he was glad that Mr.. Bliss had spoken
Of Mr. Gibson as gentleman.
Mr.. Wilson protested that thero was no
proof Of the charges made by Mr.. Bliss.
Mr.. Ingersoll sarcastically remarked that
If the report was Objectionable because it had
been made by an employe of the department
of Justice he would withdraw his offer.
The court refused to admit the evidence,
but allowed q report of the senate proceedings
to be put in, to show that Dorsey was in
Washington at the date upon which it was al
legged he had written the letter from Chico
Springs N. NJ.
Record Clerk Pryor produced the records of
the Postofiice department to prove that Vaile
had filed sub-cOntracts, and in proof of the
division, as he had testified, but the court re-
quired the original papers
Mr.. Chandler offered another portion of the
report Of Brady's testimony before the con-
gressional committee, for the purpose of sus-
tanning Brady's statement that congress had
approved his acts by granting the appropria-
star route service. Objection was made by
the prosecution and argument followed. Mr..
Bliss declared that Brady had suppressed Off
cial papers, and other evidence when his acts
were under investigation by congress.
Mr.. Wilson maintained that Brady had
furnished the specific information called for
by congress.
Mr.. Bliss replied that the investigating
committee had never reported to congress,
and that some of the papers were not seen by
the committee until a4er the passage of the
appropriation bill.
Mr.. Ingersoll said that the report had been
made to the committee having charge OF the
appropriation bill.
" The court said that the evidence was al
ready before the court through the records of
tho department. much better evidence than
the report Of the committee. There was moth
ing in the report calculated to sustain the
claim of counsel-that it was an open, above
board proceeding on the part of Brady. Then
the statute quoted contained provision that
IL should not be construed as approving any
acts taken in the past by department officers.
The offer was therefore rejected.
Mr.. Chandler then offered in evidence the
record of the last trial, as tending to show
that the jury had found that Brady did not
conspire with Peck and Turner.
The court said that Peck was not in this
trial. 1t had been proved that he was dead,
but even if he was alive the jury had no
power to render verdict against Peck.
A long argument ensued, and the court re-
fused to admit the evidence, although Mr.
Merrick desired that the offer be accepted.
c. M. Morgan, another postal clerk, brought
in the journal of the Postofiice department.
containing the orders for increase and eXpe-
dition Of the routes named in the indictment;
signed by the postmaster general. John N.
Doris, contract office clerk, was called for
. the purpose of proving that 1t had been the
custom of the department for many years to
include in the contracts provision for the
allowance of one month extra pay in the
event of curtailment of services. The court
said that this was statutory requirement,
and the only question at issue was as to the
facts in the case, There was no need of proof
of the contract blanks. Mr.. Bliss asserted
that there was n clause in the contracts that
went beyond the law.
Mr.. Wilson declared that the contract
forms had not been prepared by the second
assistant postmaster general, and if il was an
illegal form of contract as charged by the
prosecution, he should be allowed to prove
that the second assistant postmaster general
was not responsible for it.
The court decided to admit the evidence
and the witness said that tho law officer of
the department prepared the form used for
contracts.
William II. Belts, an attorney of this city,
testified that he had met Moore several
times. Mr.. Ingersoll asked If Moore had not
told him, on the Friday before he went on
the stand on January 10 last, that "if YOU
want to hear some music you had better
come over to the court house. The govern
ment wants to put me on the stand and
won't 60 on the stand, and l won't testify
until Boone has been granted immunity"
Mr. Merrick objected to the question. The
inquiries put to Moore related to purely col
lateral matters. Moore had been allowed to
go home by tho government because scarlet
fever had appeared in his family; one child
had died and the other was in great danger
From feelings of humanity, therefore, he had
been allowed TO depart, and was now 1000
miles distant Mr.. Merrick argued his obec-
tion at some length.
The only reply from the defense was a re-
mark by Mr.. Ingersoll that If he had regarded
the matter as purely collateral he would not
have based his dismissal of the witness on
the ground of humanity.
The court ruled that the question was
clearly inadmissible.
Mr.. Ingersoll then asked the witness if
Moore had told him that he would go TO jail
rather than testify unless the cases against
Boone were first dismissed that he wanted
to protect Boone and get some money out of
Dorsey.
These questions were also excluded, Mr..
Ingersoll then said
So far as s, W, Dorsey and J. W, Dorsey are con-
cerned am through
Mr. Henke. So far as Mr.. Vaile and Mr. Miner
are concerned, am through.
Mr. Wilson. We rest, your honor, so far as Gen.
nran nV IL