National Republican., 1883-05-09
THE OPENING CLOSED.
Col Bliss Winds Up His Long Speech with a
Denuncistion Of Dorsey and Brady.
The Court viii Allow the Government
But One Closing Speech.
The Counsel for the Defense Confer Together in
Regard to Their Speeches.
Tho Order in which Thcy VIII Address
the Jury-Tho End Not Yet.

Mr.. Bliss began the seventh day Of his ad-
dress TO the jury in the star route trial yestor-
day. Referring to s. w. Dorsey testimony, he
declared that he had acknowledged the exist
ence of the red book described by Rerdell
The court interrupted with a request that
1t be referred to that part of the testimony.
Mr.. Bliss accordingly turned to the report
of s. w. Dorsey's ss-examination and
quoted Dorsey (who was commenting upon
Rerdell where he said that Rerdell had de-
clared that he was faithful to him Dorsey,
and yet had the stolen book under his arm.
| Then Mr. Merrick had queried, "He had,
had he" and Dorsey had seen his error, and
answered, According to his (RerdelPs) state-
ment."
The counsel for the defense smiled de-
risively when Mr.. Bliss dwelt upon this point,
but did not attempt to interrupt him.
The different atfidavits were then taken up
separately and their inconsistencies pointed
out. When the hour for recess had been
reached Mr.. Davidge suggested that Mr.. Bliss
cease arguing. That gentleman replied that
it probably would be for their the defense's)
good II he stopped.
| When the court reassembled after the recess
Mr.. Bliss began his concluding remarks. He
made particularly bitter attack upon Brady
Tho overt acts charged against each of them
were recalled to the memory Of the jury in a
succinct summary of the evidence. This
prosecution, said Mr.. Bliss in conclusion, was
intended to protect the treasury. Such trials
must necessarily take place in this city, and
| the eyes Of the country were upou this trial
| to ascertain If jury could be found in the
district capable of understanding case Of
this magnitude and able honestly to do their
duty without fear or prejudice.
Mr.. Bliss then took his seat, and Mr.. Mer-
rick said: "The government has closed its
| opening"
The pause which ensued was broken by
Mr.. Wilson, who said: "Your honor, desire
to know whether the government will claim
two arguments in closingp
Mr.. Merrick presumed that tho counsel was
entitled to an answer, and he would say
therefore that in the opinion of the counsel
for tho prosecution the government was cnti-
tied to two closing arguments. Several au-
thorities were cited In support of this assump-
tion, and upon them Mr.. Merrick based q
short argument.
As showing the sentiments Of tho attorney
general, Mr.. Merrick read personal letter to
himself from the attorney general dated
Washington, April "a. The attorney general
refers to conference had with Mr.. Merrick
on the subject Of the closing arguments. He
says that 1t has been his intention to take
part in the argument after the close of the
case. lie COulu NOT aUtenu III COurJ Docuuso
of the press of official business, but he has in
formed himself of the proceedings from day
TO day. He had hoped that the same arrange
ments would be adopted as was had in the
former trial. He wishes to have the case
thoroughly tried by lawful means to lawful
end to prove that man is amenable to tho
law, no matter how high his position.
He directs Mr.. Merrick to ask the court to
allow the government two closing arguments,
for it is his conviction that they are entitled
to it in this of all other cases. If the court
declines to allow the motion then he 1.-THE at
torney generaD Is necessarily excluded. That
is due TO Mr.. Merrck who knows the case so
thoroughly and has borne the brunt Of the
long and arduous prosecution. He will not
| and shall not supersede him. But IL the court
should grant the request and tho defense las
they have threatened) should refuse to mako
an argument, then he (the attorney general)
will withdraw for although they deserve the
punishment they would draw upon their
heads by pursuing that course, he will not
have q case of this magnitude go to the jury
without allowing the defense the benefit OF
all that he said in their behalf
Mr.. Merrick added that he had conferred
with Mr.. Wilson, and that gentleman had de-
clared that he would refuse to argue in case
the government were allowed two closing ar
guments. But, nevertheless, he desired a
ruling upon the subject; he wished the court
to say that the government was entitled ia
two closing arguments. Some discussion en-
sued in regard to the attorney generals un-
derstanding of the courts position in the mat
ter.
Judge Wylie said that the former arrange
ment was matter of convention between the
opposing counsel. Mr.. Bliss said that the de.
fense had rejected similar proposition in this
trial.
was to regard the letter of the attorney gen.
eral as proffer to enter into such an arrange
ment?
, Mr.. Merrick replied in the negative. Two
OF the government counsel had made argu.
ment, aud it was now too late for such an ar'
rangement.
Mr.. Ingersoll In answer to a request from
the court, made vigorous protest against the
motion to allow two arguments to the prose-
cution, and he was seconded by Mr.. Wilson
The court said that it had seen nothing Ia
satisfy its mind. that there was any reason,
such as sickness or absence OF counsel, that
; would Justify departure from the established
practice In such matters. 1t was the univer-
sal practice in jury cases to allow but one re-
ply to tho government, and that order would
be preserved in this case. OF course such
: matters were within the discretion Of the
court, and were not subject to appeal, but the
courts discretion was not mere whimsical
caprice, and 1t saw no reason for departing
from the usual practice.
Mr.. Henkle then requested an adj djOurnment
(it was within twenty minutes of the hour
} when the court usually adjournedl in order
TO allow the defense TO confer together in re-
, gard to the course they would pursue.
Mr.. Bliss objected. Important engagement Is
: rendered IL necessary that he should know
what the defense would do.
| Mr.. Ingersoll said that he had been taken
: by surprlse by Mr., Bliss sudden closing, and
3 he therefore seconded the request for an ad-
: journment.
T The court reminded the gentleman that Mr..
Bliss had given notice yesterday that he
would close to-day.
! Mr. Ingersoll. Oh, had a notice last wednes-
day aud come down 10 hear him close aud I've
been coming down every day since then for the
same purpose. Laughter
Mr.. Ingorsoll explained that perhaps the
defense could arrange to make place for the
attorney general they did not want to de.
prive the government of the services of itt
: highest officer.
Mr.. Bliss You have changed your mind from
Dorseys view when he went to see Garfield.
Mr. Ingersoll. This is q different one.
In answer to Mr.. Ingersoll's suggestion that
the defense might make a place for the at
torney general, Mr.. Merrick said he should
refuse to enter into any arrangement with the
s defense, as they had uniformly rejected his
: propositions
"'rhat is what we want" retorted Mr.. Inger
soil, ITO make them responsible for keeping
out the attorney general"
After some further debate the court granted