National Republican., 1883-06-12
ADAY OF PRAYERS.

Twenty offered by the Prosecution and
over N Hundred by the Defense I'm the
Star Route Trial.
Yesterdays session of the star route trial
was devoted TO the hearing Of arguments
based upon the prayers for instructions to the
The attorney general was present in court.
jury. The prayers number twenty lfor the
prosecution and an even hundred for tho de-
fensc.
Mr. Kcr began the argument with a state.
ment TO the effect that he should argue upon
only four of the twenty prayers presented by
the government. The first Of these main
tanned that when a defendant on the stand
refused to produce documentary evidence in
his possession that such failure cast suspicion
on all other evidence adduced by the defend
ants, aud was a circumstance tending TO prove
his guilt.
This prayer was argued by Mr.. Ker in con-
ncction with another, holding that Nr. Inger-
soils offer to produce the books under instruc-
tons could not have been accepted by the
court, and therefore did not mitigate tho
force of the presumption drawn from the non
production Of the evidence.
Mr.. Ker said that the government for the
first time asked the court to establish q prece.
dent. This was very important point Of
criminal law. Many states had passed laws
bearing upon tho subject, but nowhere had
he been able to find case whore defendant
had replied to n notice to produce such evil
dence by bold refusal to do 1t.
Mr. Kcr also discussed the nineteenth and
twentieth prayers, holding that tho same
rules of law would apply to the four prayers.
Those last mentioned call attention to the
failure of the defense to call Bosler, William
son, Pelham, and Belts to the stand after lay
ing the necessary foundation during tho
NntN
and asks that the jury bo directed to consider
this failure when deciding upon the evidence.
The remaining sixteen prayers by the govern
ment were not argued because, as MIR. Ker
alleged, they had already been disposed of by
the court during the progress Of the case.
Mr.. Dsvidge replied ut some length to tho
propositions laid down by Mr. Ker.
A misunderstanding arose in regard to the
order of argument upon the prayers for the
defense after argument had closed upon
those presented by the government, and 1t
was finally agreed to submit them without
argument. They number over one hundred,
the original number having been increased
by the addition of others intended
as replies to those presented by the
government. largo number Of the
prayers are attacks upon the sufliciency
of the indictment; others ask for the reec-
tion Of all evidence touching certain of the
overt acts because of insufficient or erroneous
other and large number concern points that
have been already disposed Of, and are pre-
sented merely with view to saving excep-
tons. Several prayers maintain Bradys
right TO make orders regardless of seeming
extravaganza or errors of Judgment, and
hold that his purpose whether corrupt oil
not) in making the orders is alone
subject to the consideration of the jury.
The restrictions imposed by the statute Of
limitations are sought to be avaled o
against many Of the alleged overt acts. As
suming the existence of the conspiracy, the
defense also make the point that it closed
with the division in April. 1873, and there
fore prosecution is barred by the statute Of
limitations 1t is also alleged that there were
two Gonspiracies or no conspiracy at all after
that date, which would also render the in
dictment nugatory.
Another point made is that all or none OF
the defendants can be convicted (the converse
of one of the governments prayers).
The ninety prayer asks for the re.
lection Of the evidence concerning noarly all
of Bradys orders, because the indictment
does not charge that they were made in pur-
suance of the conspiracy. The court called
upon tho government for a reply to this
prayer, which was made at some length by
Mr.. Ker, and the court adjourned until 10.
day, when the charge to the jury will proba'
bly, be delivered. .-..rar tt