Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-06-12
THE STAR ROUTE TRIAL.


Judge Wylfc's Charge TO the Jury
The Criminal Court room was crowded this
morning. The jury. who have enjoyed a vacation
since last Friday, were present early, as were the
counsel Judge Wylie arrived about ten minutes
past II, and was accompanied upon the bench by
Mr.. Justice Drake, OF the Court Of Claims.
JUICE Wylie began to address the jury about
II rs am. He said the patient and Intelligent
attention they had given to the case during the
past months had lightened to a great extent the
duty OF the court. He felt that it would be un-
necessary. and indeed 1t might be dangerous
undertaking the part OF the court to begin with
history OF the case for the purpose OF comparing
minds in reaching conclusion. The arguments
OF counsel had rendered that unnecessary. They
na all the that Jury
proper, however, that the court should call their
attention 10 some points in the case, AMI probably
with. He wished, however, to assist them in every
proper way. without . tresp .ssing upon their
common, IN regard mrst 70 the questions OF law
POPULAR CLAMoR AND APPEALS FOR SYMPATHY
SHOULD ALIKE De DIsREGARDKD.
AS preliminary he thought he should say that
the jury are to decide this case according to the
evidence. That was the solemn obligation each
had taken. They were not to allow themselves
for moment to be swayed by any other influence
under heaven than the law and the evidence.
What had the Jury to do with the demands OF the
popular mind. with articles In the newspapers,
with appeals to them that the country demands
considered. Thus far the waves shall come, but a
jury who does their duty will Say "and no FUR
Of jury doing its duty in defiance OF popular
clamor. All clamor Of that kind should be ex-
cluded from the court room. On the other hand,
fendants on account OF the social relations. the
effect their verdict might have on those near and
dear to them, should have no weight with the
al nd aro
always made, but should have no weight. The
mercy OF the law was in the law itself. The
based on principles that made it impossible Tor an
innocent man TO be convicted.
THE PRESUMPTION OF THE LAW
was that every man was innocent until proved
guilty. There was the mercy of the law-the pro-
lection Of the innocent. When through popular
clamor or appeals to feeling, trial becomes q
sham it wAl be a bad day for the country. As
long as the administration OF justice is preserved
in the courts In its purity the country is SAFE and
Without that the country Will go to destruction.
and when violated its sanctions must be enforced.
The policy of the law is to be found in ITSELF No
public officer OF any description has any right to
set up his own policy. against the policy or the
great magnitude. The law should be his guide. -
OFFICIALS MUST OBEY THE LAWS
To allow an officer to set up his own policy
would lead to great abuses. The country will
thrive best when every man in his place performs
his duty as good citizen, according To law. An
emergency may arise which will justify public
officer, for time, in departing from the law and
applying to the indemnity OF the legislature after
calamity. An officer, the Judge said, might mis-
take his duty. He might believe he had right to
promote the public good by departing from the
his motive be corrupt. he is not amenable to the
criminal law. These remarks, he said, were di-
rected to
THE POSITION OF GEN. BRADY
and the claim he set up in his testimony. He did
not think it was reasonable construction Of the
law on the part of Brady not to pay any regard to
productivenesS He would not recognize any law
Or right In the policy Of pushing the star route
the jury to determine whether Mr. Brady acted
under corrupt motives. The law prohibits any
public officer from expending money or making
contracts for expenditure beyond the appropria-
ton in his hands.
UNDENIABLE EVIDENCE
In the management Of these star routes they had
undeniable evidence that after Congress In 1878
appropriated all the money asked by the Post Of
flee department for the fiscal year 1S19SO in De-
cember-hve months after the fiscal year had be-
gun-to such extent had these orders for increase
and expedition been carried that deficiency was
Congress An act was passed with such guards
on as Congress chose to set up to prevent future
recurrence OF q deficiency. Such acts might be
done through mistaken sense of duty. Some
times men feel great in Office and are Influenced
by fanaticism-of11cial fanaticlsm-regarding the
Importance OF their office. 1t might be a mistaken
sense OF duty without corrupt motive. The in
dictment itself charged conspiracy. The court
here read the statute
RELATING TO CONSPIRACY,
under which the Indictment was found. This, he
said, was statutory definition of the crime they
were trying. There must be two or more people
to conspire. When people conspire they must
have q unison OF mind-a common purpose. A
man may be useful to a conspiracy who is not in
as he not
sp1red-although he may have done something to
forward the conspiracy. This very case gave an
the willing and intelligent consprators. He GER
tainly did many things to help them In their COM
mon purpose, but he could account for his con-
he was not here when 1t was organized, II 1t was
organized His part seemed to have been
he making nH1 F. OF He made enough Of
those af11davits to the best OF his knowledge and
belief. and yet not Deen member Of the con-
spiracy: He spoke OF Peck because he was out OF
| the way-dead. There had been no investigation
of his case. He desired to show that man could
forward a conspiracy without himself being one
Df the conspiracy, IN criminal sense. 1t required
combination OF a criminal knc. The law books
say conspiracy may be to do an unlawful thing
means. But the jury need not trouble themselves
about that.
THE CONSPIRACY HERE
was a combination for certain purposes to be ef-
1ected Dy certain means That was the practical
conspiracy before the jury.
THE STATUTE OF LIMITATIONS
covered with its protection all crimes perpetrated
more than three years prior to the finding
OF the Indictment These defendants were
not liable to punishment for anything ex-
cept what they did as conspirators within
three years prior to the finding OF the In
dictment. The Indictment was reported to the
court May 20, 1882 The jury could not ind these
DEFENDANTS guilty OF anything done prior to May
70, 1879 They might wonder why the court had
allowed so much time to be spent In receiving ev-
tdence OF acts OF the defendants prior to May 20,
1879 That was one OF the mysteries OF the law,
and when it is explained the principle will com.
mend itself to the acceptance OF every minded
man.
THE VANES ALL POINTING ONE WAY SHOW HOW THE
WIND BLOWS
He referred to the secrecy attending the forma.
ton of a conspiracy, and said that after an ex.
haustive inquiry into all the circumstances the
jury must infer whether the evidence leads to no
other fair conclusion than that OF q con-
spiracy. He had heard argument dur
stances being necessary to prove conspiracy,
and that chain was no stronger than its weakest
link That was metaphor that was altogether
delusive. When jury had multitude OF facts,
all the circumstances pointing in one direction,
they are more like the vanes upon the public
buildings OF the city. When they saw all these