National Republican., 1883-01-04
NOT IF THE COURT KNOWS IT,

And This Seems 10 be One OF Those Occa-
sions where lie Feels Very Confident
That He Docs--A Sharp spat In the Star
Route Trial.
In the star route trial yesterday morning
Mr.. Chandler moved that the verdict of the
Jury on the last trial be formally entered on
the records of the court The verdict, of
course appeared in the printed report, but he
wanted it ON the clerks report, particularly
as to that part of the verdict declaring Peck
not guilty.
MIR. Merriclk read from the printed report to
show that the jury had not found any verdict
at all rs to Peck, who was dead, and who, al
though his name appeared on the indictment,
had not been arraigned. There had been u
report drawn up by the jury, but it had been
detective in form, and it had not been in fact
accepted by the court as verdict
MIR. Chandler restated the grounds of his
motion, and commented sharply on the course
of the prosecution, saying that it had taken
every advantage, no matter how savage or
brutal.
Judge wylle. This is most extraordinary. 1t is
n right recognized rs belonging TO every court TO
send back n jury to reconsider its veruict II the
court be not satisfied with IT,
Mr.. Chandler do not deny that. But the jury
was not sent back, and did not amend its verdict.
Mr.. Merrick msleads your honor
Judge Wylie. The court understands the matter
perfectly The record says nothing OF the verdict
In fnvor OF Peck. The printed report, as read,
corresponds exactly with the memory OF the
court The foreman of the jury. announced that
he had report TO make. He aid not announce
that the jury had agreed on verdict. He made
his report To the court and in that report was II
Tho court informed tho jury that Peck had not
been on trial. He had never been served with
process never had been brought into court, never
had been arraigned. lie was treated as dcnt. lie
was not in the indictment for the purpose of yer.
dict.
Judge Wyie (angrly), insist that the counsel
shall not interrupt The court. will not allow 1t.
l will not be talked down by counsel.
Mr.. Chandler Have not the right?
Judge Wylie. You have not the right, sir. Take
your seat sir. The marshal viii SEQ that the
gentleman takes his seat
The court Will neither be talked down nor
browbeaten by anybody. ITO Mr.. Chnndler)
Now, sir, you will understand yonr position, and
mine, too. say there was, no verdict rendered
In regard to Peck The verdict that was rendered
ana recorded said nothing in relation to him.
There is therefore, nothing for the court to pass
upon, | regret that counsel should have forced
the court to take the apparently harsh course
which the court has deemed to be necessary. But
we must have order here.
The counsel made his speech in an inhaminn-
tory way, not in the usual method of addressing
the court on question of lnwi and when the
court proceeded TO make ITS decision, the counsel
Interrupted the court and again repeated an asSCr-
tion which is cOntTadicted by all the facts as
printed in the report. ] say this with no feeling
OF hOrshnebs, uut merely DecbuSc lnusb uAsefl
and protect the authority ofthc court. overrule
the motou
MIR. Chandler. / take an exception.
Mr.. Hinkle. / concur on tho motion and desire
to make an argument.
Judge Wylle. Oh no; the motion is decided.
Mr., Hinkle. want to present a talk TO your
honor.
Judge Wylle do not want any more talk, sir.
We have had enough.
Mr.. Hinklc. Then Join in the exception.
Tho prosecution then proceeded with the
testimony, which was entirely Of a formal
character as to the routine of business in the
Postoliice department, the Identification of
papers, sc,
Among tho papers offered in evidence was
u letter from postmaster informing the de-
partment that the advertisement for bids gave
the distance between two points at more than
the actual distance.
Mr.. Merrck wanted tho deduction drawn
that inattention to this notice on the part of
Mr.. Brady was a straw pointing to the exist
enoo of conspiracy. Counsel for the defense
argued against the admission Of the latter;
and Judge Wylie excluded il.
Tho remainder Of the days session was oc-
cuped in the reading Of petitions for in
creased mail service, and other papers on file
i'm the PostOfiiCe department