The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1883-03-20
The sGar Routes.


The question is whether govern
ment can cross examine as to sub /
stantive matters in a case to which I
no reference was made in the {
district. this is as to the issue of
the Price drafts. The appearance Of
Brady on the stand complicated |
Dorseys' case. It tends to confirm {;
the report that Brady and Dorsey [
are fully united in the defense, and
Brady is disposed to assert the doc
trine of ''Sauve Qui pent," Dorsey
has no background Of Official discre-
| ton to fall back On and his position
| is rather critical one. So long as
both he and Brady stayed off the
stand they supported each other;
now, however, Brady has recognized
the increased gravity Of the situa-
ton as compared with the last trial,
by going on the stand, and for Dor
sey to remain off will be a much |
more conspicuous omission than
before. Mr.. Davidge, one of D0rsey's
counsel, when asked the other day /
If Dorsey would testify simply made
the diplomatic answer, Il cannot
say" Dorsey is worse off than
Brady in having to confront good
many ugly questions as to the Rer-
dell charges against him, of numer-
Gus fOrgeries, ETC., and also as to |
his request shown by his own letter |
while senator to postmasters to
swear falsely.
With to-day began the sixteenth
week of the star route case, and the
terminal court room was filed with
spectators. When the court ad-
IjOurned On Friday last the prosecu-
ton had just closed their prelimi-
mary argument upon the pertinency
of the question as to whether or not
the witness General Brady had
any knowledge of the Price drafts
This is regarded as an important
point by both, for If the question is
admitted it will probably lead to the
admission of testimony by Price in
, support of the government charge.
The court in answer to q question
from Merrick. said it would allow
government an opportunity to reply
to arguments of the defense. Turn
' ing towards the court, General
Brady, said, positively, your honor,
[ would prefer to answer that ques-
ton. and all other similar questions.
J. Ny lawyers and myself do not seem
: to have taken the same ground at
!. ALL" Merrick was OF the opinion
n that he might answer without
G reference to his lawyers, the court,
T, however, said it would hear his
T lawyers instead Of him.
Il Ingersoll, "of course" your honor
e this is no question OF privilege, but
OF relevancy, and my client is inter
ested.
Wilson said if the matter were
gone into now, he should feel it ia
r cumbent upon him to try 1t now land
- try it to the bottom, but il was not
proper to bring another case into
,f this when it could not be tried, and
- a verdict be mad before jury. III
= did not propose spending the re
% mainder of his days in the cour
" room trying other matters, thai
= might be brought into the case. Ont
case at time WAS the prope
method.
The court, at has not beef
brought int the case"
70 Davidge then began his argumen
~ with statement of the offer.
a. The court interrupted and IN
IL quired if Merrick's offer was to shOy
u. only that this draft had been place,
y upon witness desk?
T Merrick, "No,yeur honor, place
, 10 upon his desk and given TO him 10
~ q corrupt purpose"
~ Jury excused for the day and al
81 gument continued at great length
"a In the course Of argument the cOul
Au took occasion to enlighten cOunst
in regard to its position upon Gel
tain questions. Speaking Of Brad,
he said he may have been yer
kind-heqrted man and above
mt members Of Congress to run owe
to- him and get these orders at the
er, will. That would have been wea
lc- but not criminal. If he had bee
es- charged with receiving bride, I'll
he court would require direct evidelC
nat on that charge and would not allo
st. evidence OF any other defence to |
in accepted as proof of that charge;
not was only his motives and int
tiOns that could make his acts criI
5he inal. He was on trial to show h
ms purpose. Proof that Brady receive
of q bride in another case could not
# used against Dorsey and the 9th
to defendants. The question W
ade whether the court could receive e7
lis. dence of payments to Brady
others concerned; whether his az
ard could not in their face be shown
ing be criminal acts by the light throw
FOL on his motives in other transaction
nan The court wished it distinctly L
rye derstood that these latter poiI
he were only brought to the attenti
of the counsel for their gmdaI
let that the court had not made up
T Of mind in the matter as yet.
en- Ingersoll said he might coDtiT
1000 his argument tomorrow.
I hiQ