Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-02-13
THE STAR ROUTE TRIAL.
Further Testimony i'm the Case.

| When the star route trial was resumed b. Walker
France, clerk In the post Office at Rawlins, who
| was sworn last evening before the court ad-
| journed, was called to the stand and examined as
| to the service on the Rawlins and White River
route.
The witness was questioned as to the details OF
the schedule OF arrivals and departures, With the
| view OF showing that no advantage was gained by
the expedition.
Mr.. Wilson objected, on the ground that Brady
| OF the hours OF arrivals and departures, as the
postmasters were responsible for that
Judge Wylie decided that the testimony, as 1t
| diting the route, was admissible.
Upon crOss-examination, the witness was inter-
rogated to show that the hours OF despatching the
| mail were arranged to accommodate the sleeping
hours OF the postmaster and his assistants. On
direct examination, Mr.. Bliss submitted petitions
| to the department, signed by the pOSmasters on
the route, praying for a change In the hours, on
the ground that 1t would be Of advantage to the
service. &c.
After some argument, Judge wylie concluded
that the papers were not admissible at that time,
| as they did not answer the cross-examination.
Mr.. Ingersoll observing soto roce, "Now. 1 hope
MI France will go home and go to bed, and have
| no unumely mall TO disturb his slunbers-"
route was recalled and identified letter written
to his agent by Rerdell. notifying him that he.
route lest Mr.. Perkins should think his own attor
| ney here had brought it about
1873, and had been connected with Mr.. Perkins in
the sub-contract in 1879, was next examined. The
witness was examined as to the service, and said
he had received
LETTER FROM RERDRIL IN 1881.
to which other witnesses have testified.
Counsel for defense objected to the witness
giving the contents OF the letter. Messrs. Inger-
soil and Wilson said the letter was printed in the
record Of the last trial.
1--WE will admit" said Mr.. Wilson, sthat that
was the letter."
MI: Merrck said they would not accept that as
proof 1--WE don't believe" said Mr.. Merrck, .sthat
that letter, as printed, is the letter as sent"
OF the s9 tha s to give the
recOlect it requested him to get up petitions for
expedition and have them sent to Washington
before the 1St or the 4th OF March. Upon cross
examination Mr.. Ingerson read the letter from
the printed record and the witness said he thought
read, but in substance the same.
George B. Dalton, OF Meeker, Colorado, was
called and testified to having carried the mail
over the route from January to June, 1850.
At this point recess was taken.
Proofs Of a Conspiracy.
AN OPINION FROM JUDGE wYLIE OF THE EVIDENCE
ALREADY SUBMITTED TO THE STAR ROUTE JURY
THE LIABILITY OF BRADY.
Judge Wylie yesterday afternoon In announcing
his decision admitting the testimony OF the wit.
ness Rankin concerning statements made by
Rerdell in 1879 affecting S. W. Dorsey and Brady
said, after referring to the doctrine that a prinaa
JiIcie case Of conspiracy must be made out before
the admission of such testimony: SIT is hardly
po ssible to conceive that there can be strictly
D1ifaa Jdcie case OF conspiracy. All the Judge
can do when evidence OF this kind is Of
fered is to inquire whether, with all the
evidence that has been received. there is
question to the jury for them to pass upon. as a
TACT That In my opinion is the rule to follow In
ssI admit that IA tho 10 ~ u co IA AZ rnro.~,u
"Then," continued Judge Wylie, "the question
is, whether there is sucient evidence in this case
s o ss CT
qualify that rule little further. II the evidence
is OF SO slight character that after the jury
verdict, should say the court ought not TO admit
such evidence. In the present case there has been
great deal Of taken Of course We have
eddy much Of it tends to N establish establish
the charge Of Conspiracy against ali the
It is said that the court is not liberty Ia regard
to Brady, to look at his official acts because the
pass upon those acts. as they are executive acts,
and he is to exercise his own discretion. But they
are executive acts; they are not judicial acts he
executive. The Constitution expressly declares
that although he 10 subject to impeachment, he is
to the proposition that the character OF his dis
cretonary acts is, as has been claimed, beyond
inquiry. II his conduct be such as to make 1t ex-
tremely probable that he was a partner in this
business-that he profted by the conspiracy
think that hts Official acts may be submit
ted TO the jury for their consideration, just as
the act OF any other consprator in regard to the
same subject We have, to be sure, very little in
regard to Brady in this case, except his Official
acts We have given In evidence the appropria-
ttOnS made by Congress, the extravagant expendl-
lures In regard 70 star route expenses by which
those appropriations were exhausted; the appica-
ton made TO Congress for new appropriations,
these expenditures having been mace apparently
In violation OF law; then the character OF these
different acts in certain orders for the increase OF
service and increase OF expedition, which the
jury has the right TO pass upon and to
compare with the requirements OF the ervice. Tor
myself, as have to decide this question upon the
effect OF these acts upon my mind, I must ack-
knowledge that they have made q very dee, i'm.
preston adverse to the bona des Of those orders
II has certainly gone so far as to justify me and
demand o: me the admission OF that evidence as
TO General Brady as well as 10 the othersn
~ except" said Mr. Ingers0ll, "to that state
ment as 70 the impression upon the mind OF the
court"
II feel called upon," said Judge wyiie, s.to say
that there Is evidence having such weight upon
my mind a. to JUSTIFY the admission OF that testi
mony."
srAR ROUTE NorA
After TEE SrAR's reportof the star route trial
closed yesterday the question. OF admitting the |
testimony Of James g. Rankin, or RawitnA - TO |
statenents made TO him IN 1879 by Rerdoll con-
csruang & W. Dorsey e0d Brady was argued ct
some length, ana Judge Wylle 0na1ly admitted it
the witness said that Rerdell told him Dorsey Was
interested IA tho mall contract ousine1R and had
inauenoe with 8rAdy - oecaEe 1ncseaee and e. |