Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-04-17
STAR ROUTE TRIAL RESUMED.
Ex-POstmastcr General James q Wit.
ness.

Ex-Postn,astcr General James a witt
ness.
The star route trial was resumed today after a
recess since last Friday.
J. B. PRICE UNABLE TO ATTEND AS A WITNESS
Mr. VIM. A. Cook, who was present rose in court
and said Col j. B. Price had been informed that
his attendance was desired in court to-day. He
wanted 10 say that he had Information that Mr..
Price was unable to attend and was suffering
from cancerous affection of the eyes. "The no.
tice to him." continued Mr.. Cook indicated that
unless he appeared an attachment would be asked.
merely now call 1t to your honor's attention and
through your honor TO counsel for the government,
so that II any application Is made for an attach
facts"
Col. Price," said Mr.. MerrIck, "agreed when
he LEFT, that he would come on a telegram from
ernment and willing to attend. We telegraphed
him at Philadelphia. Ishall not move for an at
Iachment, unless it becomes absolutely necessary
10 protect ourselves from being foreclosed"
MI COOK, upon this explanation, filed the GER
tlncate OF MT Prices surgeon with the clerk, and
the trial proceeded.
Ex-PosTMAsTER GENERAL JAMES ON THE STAND
Hon. 7. L. James, ex-PoStmaster General, was
then called to the stand. He said In reply TO
questions by Mr.. Bliss, that when he met RerdeIl
On the train coming from New York, on the 18th
OF june Rerdell showed him two kilograms which
witness read.
by whom did these kilograms purport to be
signed7" asked Mr.. Bliss.
II object" said Mr.. Ingersoll. "because that
should have been part Of the governments case
tn CHIEF"
Mr., Merrick then proceeded to argue for the ad-
mission OF the evidence. He claimed that this
testimony could not, under the rulings OF the
court, nave been introduced until 5. W. Dorsey
then that s. W. Dorsey had sent the dispatches,
the stand.
Mr.. Ingersoli maintained that because fact
government
no excuse for the Introduction OF evidence In chief
at this time.
claim to show that the kilograms handed to Mr..
aod yames were the teegrams sent by Mr. Dorsey He
thing offered by the defense.
Mr.. Bliss argued that the identity OF the tele-
grams was sufficiently established when It was
shown that Dorsey did send two kilograms to be
delivered to Rerdell on the train, and Rerdel re-
ce1ved two kilograms on the train, purporting to
be- De signed ned by Dorsey and showed them as soon as
submitted that 1t was matter entirely In the dis
cretion of the court, and that the government
should be entitled now to prove the contents Of
the telegram.
Mr.. Henkle and Mr.. Ingersoll also argued further
against admitting the evidence.
CONTENTS OF THE DISPUTED TELEaRAMs
Mr.. Merrlck said it would not be said whether
this evidence was rebutting or not until the con-
tents OF the kilograms became known. He said
he could state the contents II 1t was desired.
.state the contents" said Mr.. IngersolL
''>O, uO, Salu MT. wilson.
"There seems to be a difference OF opinion, said
Mr.. Merrlck.
II recognize Mr.. Ingersol," said Judge Wylie.
"as the special representative of Mr.. Dorsey"
"The first telegram" said Mr.. Merrick. .or at
least one OF the kilograms to this effects Get
OF the train at once and return to New York.
Return at once to New York. For Gods sake do
nothing to injure me and my family" Here Mr.
Merrlck stopped second or two. while MIR. Bliss
prompted him in an undertone, and then contn-
ued, giving the contents OF the telegram, "Do not
persevere In your course"
"Anything elSe?" inquired Mr.. Davfdre
"That is my recollection" said Mr. Merrick; 81
haven't talked with Mr.. James for some time"
Mr.. Merrlck then argued at some length for the
admission OF the evidence, reviewing the circuIn-
stances IN proof surrounding these telegramA
Ruling Of the Court.
After an argument by Mr.. Davidge Judge Wylie
said he thought II the evidence was admitted IL
would be evidence only against Dorsey as it was
to oppose an admission by Dorsey after the acts OF
the alleged conspiracy had occurred. Undoubtedly
the court had discretion to arrange the order In
which testimony should be received, and
the court would exercise such discretion II coun.
sci would say that by inadvertenca that they had
omitted to give IN evidence testimony that they
considered OF Importance. In this case, however
there was no ground for the claim OF inadvertence
as counsel did not say that they had overlooked
the need OF this evidence II It could be obtained.
On the cross-examinatOn OF Dorsey the fact was
brought out that he did send two telegrams
Counsel did not ask him what the contents Of the
1eIS iaHo were. EOSSfUty, III lney nad asked MIN,
and he had answered untruly, they might have
offered evidence to contradict him.
The court Overrued the ofYer
OBJECTION By Mr.. INGERsoLL.
Mr.. Bliss then proceeded with the examination
OF Mr.. James The witness said when he went to
New York at the time mentioned he met Mr..
Newcomb at the depot and gave him certain d.
rectIons.
Mr.. Ingersoll here objected, and Mr.. Bliss said
he was not going to ask what directions were
given.
Judge wylle said he had considered again the
decision OF the court excluding Newcombs testl-
mony, and had concluded that the court was
right ,,,
subject.
Mr. Ingersoll said that this testimony Of New.
had lied when he said he went to Dorsey's Office
about IL o'clock
Mr.. Bliss said that he had stated that they ex-
pected to prove that Rerdel went to the Oface
about 10 o'clock
Mr.. Ingcrsoll said that II they expected to prove
themselves mistaken. The government wanted TO
Introduce witness now to prove that RerleU
had gone directly from the depot to Dorsey's
Office
Mr. Merrick said he did not know where Mr.. In
gersoll got his Information. but the w.t.
ness had told him tME Merrick) that Rerdell
had not gone directly to Dorsey's Office. The in-
portant event OF the day was the visit to the Of
hce, and they proposed to contradict TORY and
Mullins by showing that Rert~ll had gone there
and gone there an hour after the office was opened.
He remarked with touch OF irony that he would
be very glad il the rules OF evidence were 80 rigid
as to require exactnesS and dehntteness in hours
or dates regarding matters which witness ought
to remember.
After further argument recess was taken.