Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-06-13

ton OF the paper was fatally defective.
The judge then turned to the Indictment
saying he was not disposed to attach anv
weight to the averments; they were fraud-
ulent, but contracted, for they amounted
to nothing. He could not see hoy
they resulted in loss to the government.
and the indictment should set ont
any overt act as having been done in pur.
suance of the conspiracy, and perhaps this
indictment was defective in that respect,
but that the fault was cured by section 1925
of the statutes. For more than wear the
indictment had been under constant fire.
exposed to demurrers and to every species
of attack which the ingenuity of able coun-
sci could devise, but that fault had better
have been mentioned. The Indictment was
defective throughout IN that way; it charg-
ed Brady's orders with being fraudulent
without alleging they were made in pursu-
ance Of conspiracy, but the same statute
cured that defect, and he would hold the
indictment sufficient as against the defend
ants, including Brady.
Judge Wylie then turned to the printed
prayers and commented upon those not
already disposed of in his preceding re-
marks.
Touching the amount of credence to be
given RerdelFs testimony, Judge Wylie
said 1t was not to be discredited because it
was that ofan accomplice if it was cor
roborated by other witnesses and sustained
by matarlal theory, and the aspect of the
case. In considering the testimony given
by defendants the jury must make allow
ance Tor the temptations to which they
were exposed. He could not grant the
governments prayers that the jury be
directed to regard as circumstance
tending to prove guilt, the refusal
or the defense to produce books and
other written evidence upon notice. That
was not law and it did not allow unfavor-
| able Inference to be drawn from such re-
| fusal. BUTT allowed the prosecution to
give secondaryevidence, and 1t was good
TOR all 1t could fairly prove, and could not
afterwards be impeached or contradicted
The court thought the jury could find any
other of the defendants guilty of conspir-
acy with Rerdell. OF the failure to call
Bosler and Williamson the court said the
jury was at liberty to draw an inference if
| they believed that these witnesses dould
have given important evidence. This
disposed OF the prayers for prosecution.
Judge Wylie then proceeded, to answer
such prayers of the defense as were desig-
mated by that side. The jury was in
| structed that it was their duty to find that
there wss no conspiracy if the facts proven
| could be accounted for by any reasonable
hypothesis of innocence based upon the
| evidence. A large number of prayers at
| tacking the Indictment upon the ground
that it had been drafted under an improper
statute and complaining of erroneous
description of papers were refused. The
| ninety-ninth prayer, admitting the right
of the jury to disregard the entire testi-
mony of witness who knowingly swears
| falsely on material point, was allowed.
The nineteenth prayer, clothing the defense
| with presumption of innocence until
found guilty, was beyond reasonable
doubt and was also allowed. Many
| remaining prayers for the defense were re-
fused and the remainder withdrawn
number of exceptions to the charge
were noted by the counsel for the defense.
At Bliss suggestion the jury were instruct
ed that they might found conspiracy be-
tween Peck and one of the defendants
The foreman asked that the jury be fur
nished with copy of the charge, but
Judge Wylie smilingly said that it was
If the jury were at loss III regard to any
ton, would relieve them.
The baiIiffs were then sworn to take
charge of the jury.
A copy of the indictment was then given
the jury, and they retired.
The court then took a recess until 10
o'clock tomorrow morning, with the IN
derstanding that if the jury arrives at
verdict before 10 o'clock tonight, the
court will reassemble to receive it.
THAT NEBRASKA MAIL ROUTE.
Senator Van Wyck has written another
letter to the postmas general concern
ing the Nebraska mail route recently let
to Miner. He says: "A vision or messen-
ger must have appeared to Miner in the
prisoners dock, advising him to present
himself at the oostoffice department at a
certain hour to be conveniently in a room
adjoining the chief bureau but not en-
gagged SO noisily in business or distracted
in thoughts of prison gloom, into which
the bureau was aiding to plunge him,as to
prevent his overhearing the conversation
of the chief and portion of the Nebraska
delegation, and that then in forgettil his
prosecution and forgiving his
tormentors he should at once relieve the
perplexed bureau by sending clerk to
convey the joyful tidings that ne would
cheerfully accept the profered route
Strange that innocent circumstances
should wear the semblance of conspiracy.
In this caee Miner was doubtless the most
innocent, and portion of the Nebraska
delegation the most guilty, as will appear
hereafter, and the contract bureau the VIC
tim, willing however to be deceived.
The excuse for this illegal letting, was
that since congress adjourned strong pc
titions bearing the endorsements of the
best men in Nebraska and Dakota were
urging it. The record of the department
shows three petitions, one is from Neigh,
over $50 miles east of fort Niobrara on
the line of the Sioux City & Pacific
railroad containing 140 names,
the second carefully omits to give
any locality, but from the text evidently
comes from the Black Hills country, where
there are 120 names. The third and last
is represented to be by the Citizens of
northwestern Nebraska which includes
large territory and sparse population,
is signed by eightynine persons, bearing
the ear marks of professional skill.
Star reuters always operate successfully
in the rGpiND of forts and cornc Hara