Savannah morning news. [volume] (Savannah) 1868-1887, 1883-06-13
WYLIE'S JURY SENT OUT.
THE LONG STAR ROUTE WRAN.
GLE AT AN END.

Preparations Which Betoken MANY
Days of Deliberation Before the Yer
dict AnnOuncement-The Judges I'm
artial Charge and the Points Which
he Made.
WASHINGTON, June 12.-The star route
trlaI virtually ended to-day with Judge
Wylie's charge to the jury.
Judge Wylie in his charge. after re-
minding them that public clamor. news
paper articles and appeals to sympathy
had no part in the case, but that it must
be decided on the evidence, also said in
part that no public officer had a right to
set up his own policy against the
policy of the law. 1t was his duty
to obey the law. But mere
violation of the law by public officer
was not necessarily a crime. He might
misunderstood his duty. He might be
guided by an intention to do the
public good. If there was no cor
rupt motive it was not criminal.
These remarks were intended to apply TO
Gen. Brady, where the law said that in
making increases in the mail service he
must pay due regard to prOductiVeness
and other circumstances. 1t hardly
seemed reasonable or fair for Gen. Brady
to say he disregarded prOductiveness,
Ihe Judge next took up the question of
conspiracy. The conspiracy, he said, was
charged to be a combination of intelligent
beings to defraud the United States by
fraudulent afidavits, petitions and or
ders. The statute of limitations covered
with its protection all crimes committed
more tnan three years prior to the finding
OF the Indictment which was delivered.
in court May 20, 1882. The jury could not
nnd verdict of guilty against the de-
PENDANTS for anything done prior to Nav
70, 1879. If convicted, it must be for what
they had done since that date. After learn
ing all the facts the jury must infer from
them whether OrnOt there was a cOnspira-
cy. II there was other evidence in the case
tending to different conclusion from the
majority OF the facts, it must be consid-
cred; but due regard must be had to the
weight OF evidence. Judge Wylie then
commented upon the attacks made upon
the sufficiency of the Indictment.
lie reviewed the evidence touching the
Deglnnlng of the combination. s'Senator
Dorsey" said he, ''seemed to exert a con-
trolling influence over EVERYDAY in that
business. He corrected their estimates
and changed their bids. Being in the
Senate, he could not become contractor:
SO Mf. Miner was brought here, and, with
Mr.. Peck and John Dorsey, secured one
hundred and thirty routes. Bidding sepa-
rately, they were mutually interested in
the bids. Here was a community of in
terest. Although not a bidder, Senator
Dorsey seemed to be the most active man.
not only in preparing the bids, but in car
rylng out the contracts. If he had
a sinister and unlawful view he was as
guilty as If he had a contract. Every
thing depends upon the character of the
combination, whether unlawful or not.
Ii the combination ceased after the Doth
OF May, 1879, and in the absence of any
proof OF It's dissolution, the jury would
have the right to presume the Organiza-
ton, formed from April, 1879, continued
after the statute of limitations ceased to
protect. The. jury must judge of the
character of the association after that
time by its antecedent history. but it was
not enough to find the existence of con-
splracy. They must find an overt act COM
mltted by some one of the defendants
% aIter the 10Th of May, 1879.
The court believed that there was
not single instance where papers were
filed within the statute of limitations.
Judge Wy1ie turned to the Indictment.
lie SAID an Indictment should set out every
overt act as having been done i'm pur-
suance of conspiracy, and perhaps this
Indictment was defective in that respect.
but that fault was cured by section 1925
OF the statutes. For more than year the
indictment had been under constant fire.
exposed TO demurrers and to every species
OF attack which the ingenuity of able
counsel could devise, but that fault had
never been mentioned. The Indictment
was detective throughout in that
way. 1t charged General Bradv's
orders with being fraudulent,
without alleging that thew were
made M Of
the same statute cured that defect and he
would hold the Indictment to be sufficient
as against the defendants, including Gen.
Drady, Iouchlng the amount of credence
10 De given informer RerdelPs testimony
Judge Wylie said that it was not to be
dlscredlted because it was that of an ac-
c0mplice. 1t was cOrrObOrated bv others
and sustained by the material theory and
aspect OF the case. In considering the
testimony given by the defendants the
jury must make allowance for the tenn |
tatlon to which they were exposed. He !
could not grant the governments PRAYER
that the jury be directed to re- |
gard as circumstance tending to prove !
gullt the refusal of the defense to
produced the books and other written evil
dence upon notice. The court thought
that the jury could find any other de-
lendant guilty of conspiracy with inform |
er herdell. The court instructed the |
jury that it was their duty to find that |
there was no conspiracy if the facts |
proven could be accounted for hy anv |
reasonable hypothesis of innocence based |
upon the evidence, and also that they |
might find conspiracy between Peck and
one OF the defendants. A copy of the in |
dictment was given to the jury, and thev |
retired. The court took a recess until 10 |
O'Clock tomorrow morning.
The questions asked by some or the |
Jurors before they retired with regard to |
the arrangements for meals. sleeDino ac- |
commodations, changes of clothing. etc. |
are takenas an indication that they do NOT |
expect to agree on a verdict very soon. |
The jurors occupy q comfortable room i'm /
the new wing of the City Hall. The |
bailifls who have charge of them were |
specially sworn and instructed i'm their |
duties, and every precautiOn has been
taken 10y the Marshal to prevent any vio-
lation OF the rules regulating the conduct |
OF jurors during their deliberations. Va |
rious sensational reports with regard to |
alleged Jury iXing'' in this case are |
afloat, but they are believed to be entirely |
with foundation.
The star route jury at 10 O'Clock had
not agreed upon a verdict and were
locked up for the night.