Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-01-19
The Star Route Trial.
PROCEEDINGS IN THE CRIMINAL COURT TO.

II.
When the Criminal Court met this morning, the
star route trial was resumed by a continuation OF
tne documentary evidence concerning the route
from Canyon City to Fort McDermott
Mr. Ingersoll objected to the Introduction OF a
paper because 1t was not shown to have connec-
ton with the case. He remarked that his obtec-
ton was legal one. ''If they can't convict these
people according to law" he said, "they ought not
eve don't want to convict these people at ALL
said Mr. MT; Merrck. III they are innocent, hope
I've don't have to prove it," said Mr.. Ingersoll.
~ hope" said Mr.. Merrick, est will be shown
that they are innocent by the governments ina
billy to prove that they are not"
:, Judge Wyie said he would rule the paper out, to
f 6e admitted hereafter proved to belong to the
Mes connected with this route,
ACALIFoRNIA WITNESS.
John NJ Major, Of Reddlng, Shasta county, Cal,
was called as witness on the Reddlng and Alturas
route, and testified that his f1rm-Major Culber-
house-took the suD-contract on the route in May,
1873. John w. Dorsey having visited Shasta for the
los hours. The witness was asked In what time
he carried the mail when he first took the sub
contract
objection was made to the testimony.
Mr. Bliss said that he proposed to show that
when Brady ordered 5000 or So, 900 a year to be
paid on this route in order to increase the speed
being carried by Major & Culberhouse in their
stages at from a to 60 hours; that the order was
.he necessities OF the people; also, that when the
parties took the Sub-cOntractS they objected to the
price offered, whereupon they were assured by the
sub-contractors, as an inducement that the route
would be expedited, and that the program then
sketched out was carried out.
MIR. INGERsOLL ON WASHINGTON CLAIMANTS
Mr. Ingersoll, in arguing his objections to the
evidence, held that the bargain was fair and hon
est. He claimed that this evidence only encum-
Dered the record and befogged the mind and said
If the government had any evidence that would
make the guilt OF these parties clear they Should
produce lt. The only evidence of criminaiity was
government, he SAID was probably the worst GOV
eminent In the world to make q contract with. II
was ". the worst paymaster in the world. The steps
0! the capitol were worn hollow by the feet of
Claimants; the buttons have been pulled OF nearly
every member OF Congress by unfortunate people,
and around thiSCaptol were thousands of wrecks OF
Claimants After the war OF 1912 he said there
was man who had a little claim against the gov
eminent, and started to Washington in his coach.
somebody asked him where he would stop, and he
said he would stop at hotel IL he had TO STAY
mere over night, but he thought he had so plain
long. So he came here and tied his morse to % a
fence His grandchildren were now around the
1onra on dne same business The man is no
was long since worn out.
JUDGE wYLIEs REMARKS
Mr. Ingersoll having compared the case with
that OF private contract, Judge Wylie said that
the difference was that, in the case of a pflyate
~o1'i"SSs d indn WAS supposed 10 DC doing what he
Pleased with his own. A man, however who
holds public office YVES trustee OF the public,
pound to act In the interest OF the public and In
good faith. 1t was not for the court to pass
upon the weight OF the evidence, but
evidence epon was admissible. In this case it was
known 10 the public agent OF the government that
the suo-cOntractOr was actually CARRYING the
mall for his own convenience in sixty hours. The
question for the jury to decide was whether the
second Assistant Postmaster General had properly
exercised his discretion In making the order in
voivlng increased cost to the government, when
the government itself was not in need OF any such
order; when the advantages to be derived from
tne expedition were already in possession OF the
Judge Wylie, anticipating an exception BY the
deiense said: 81 don't think some counsel are Will
Ing that the court should, even In a hypothetical
way, express a view In regard to facts on a cues
uoh OF the admission OF evidence The court is to
hOld It's tongue and deal In observations with
regard s to facts before it. Now do not think that
any such limits-withtn such restricted bounds
confine the duties OF the court. shall admit this
~
Exceptions were then noted by all the defend.
ants Mr. Major then testified to the time he car
ried the mall being from d to 60 hours AZ
o'clock recess was taken