The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-03-20
PRICE FIVE CENTS.

Merrick's offer was to show only that this
| draft had been placed upon witness's desk?
Mr.. Merrick-No, Your Honor; placed upon
| his desk and given him for a corrupt pur-
pose.
THE QUESTION OF MOTIVE.
The jury were excused for the day, and
argument continued at great length. Mr..
Merrick said: Brady has stgmatized all of
Walsh's testimony as false. as lie made out
of whole cloth. On his cross-examination
the government proposed to interrogate him
relative to the facts sworn to bv Walsh.
They had proved that the chief and extra
ordinary expeditions had, beyond a doubt,
been allowed for corrupt and money mo-
tives, but the witness came upon the
stand and declared he had acted
from pure and patriotic motives He
brought motive into the case, but he
would lind that what he thought was solid
rock was but quicksand beneath his feet
tor 1t was for the government to rebut his
testimony on that point. There was more
benefit to be derived from the introduction
OF evidence now than if it had been intro
duced previously. He put his motives
forward, said Mr.. Merrick, land L propose
by the magic rod of truth to disclose his
purpose"
Mr. Ingersoll made the closing argument
He said it was not material in this case
what Brady's motives were in making expe-
dltion i'll any other case; it was not neeessa-
ry to introduce several other cases to prove
that General Brady knew it was wrong to
swlndle the government. You could not
prove man guilty of stealing by
proving that he stole i'll a thousand other
cases, No matter if he had stolen in those
cases, the presumption was that he was inno-
cent of the charge under trial. Mr.. Inger-
soil commented on the length of the trial,
which might run into year.
The court said the twelve candles still
burned.
Mr. Ingersoll-I am willing to go on with
eleven when one juror dies, and, when the
last man dies, to take his administrator.
Yes Ito Merrick) expect to survive, and
the case may drag along until the Judge who
shall finally pass upon it will not remember
even the name of Your Honor.
In the course OF the argument the court
took occasion to enlighten counsel with re-
gard to its position upon certain questions,
Speaking OF Brady he said that he may have
been very kind-hearted man, and allowed
members of Congress to run over him and
get these orders at their will; that would
| have been weak, but not criminal. If he had
been charged with receiving a bribe, the
court would require direct evidence of that
charge, and would not allow evidence of
any other offense to be accepted in
proof of that charge. 1t was only
his motives and intentions that
could make his acts criminal. He was on
trial to show his purpose. Proof that Brady
had received a bribe in another case could
not be used against Dorsey or the other de-
PENDANTS. The question was. whether the
court could receive evidence of payment to
Brady by other contractors; whether his acts
could not, on their face. he shown to be
criminal acts by the light thrown upon his
motives in other transactions The court
wished it to be distinctly understood that
these latter points were only brought 70 the
attention of counsel for their guidance that
the court had not made up its mind in the
| matter as yet.
Mr.. Ingersoll said he might continue his
argument tomorrow.
Adjourned