St. Landry democrat., 1883-06-23
GONE TO THE JURY.
The Star-Koute Cases Finally Turned Over
to the Long-Suffering Jury-Judge Wy
lies Charge.

The Star-ROute Cases Finally turned OVer
to the Long-Suffering Jury-Judge Wy
lies Charge.
WASHINGTON, June Is.
Judge Wylie began his charge to the Star
routef jury yesterday afternoon After thank
ing the jury for their patient attention during
the weary months of trial. and reminding
them that they had nothing to do with the
public demand, newspaper articles or appeals
to sympathy, but to decide the case upon the
evidence, he at once commenced to state the
legal points involved, and said, in part, the
policy of the law must be found in itself.
No public officer had any right to set up his
own policy against the policy of the law. He
held great trust, and it was his duty to obey
the law To allow him to set up his own pol
fey against the law would lead to great and in-
Vulnerable abuses, but a mere violation of law
by an officer was not necessarily crime. He
might misunderstood his duty; he might be
guided by an intention to do the public good.
These remarks were intended to apply to Gen.
eral Brady, where the law said, in making in
creasing service, he must pay due regard to
productiyenesS and other circumstances. 1t
hardly seemed reasonable or fair for Brady
to say he disregarded productiyeness. That
was the policy of the present Cabinet officer
IA witness in this easel, but the Court could
not sanction that policy. The law prohibited
any public officer from expanding the
public money or making contracts for
expenditures beyond the appropria-
TONS In this case, there was EVIL
dence that all the money appropriated
by Congress for the fiscal year ending June
80, $780, had been expended by December,
1879, and an appeal had been made to Congress
to supply the deficiency. All that might have
bonn dor f,py rr,iSfa of ar
an exaggerated idea of the public good. Men
in such positions occasionally become enthusi-
astic on that subject, and if there was no cor
rupt motive it was not a criminal act.
The Judge next took up the question OF con-
spiracy. The consiracy, he said, was charged
to be combination of intelligent beings to
defraud the United States by fraudulent afii-
davits, petitions and orders. The Statute of
Limitations covered, with its protection, all
crimes committed more than three years prior
to the finding of the Indictment, which was
returned into court May 20, 1882 The jury
could not render verdict of guilty against
the defendants for anything done prior to
May 20, 1879. If convicted it must be for what
had been done since that date.
In establishing a conspiracy Judge Wylie
said) all the facts in the case tending to a diff
ferent conclusion from the majority of the
evidence must be considered, but due regard
must be given to the weight of evidence. The
jury must inftr from all the facts whether or
not there was a conspiracy.
Judge Wylie here commented upon the at
tacks made upon the sufficiency of the in
dictment. He reviewed the evidence touch
ing the beginning of the combination. Sem
ator Dorsey" said he. Is seemed to exert a
controlling influence over everybody in
that business. He corrected their esti-
mates and changed their bids. Being
tne Miner ag was
and. with Peck and John Dorsey, secured
some one hundred and thirty routes. Bidding
separately they were mutually interested in
the bids. Here was community OF interest.
Although not a bidder, Senator Dorsey seemed
to be the most active man. not only in prepar-
ing the bids, but in carrying out the contracts.
Ii he had sinister and unlawful purpose, he
was as guilty as If he had contract. 1t was
q matter of no consequence why he did
these things-whether from love for his
brother and brother-in-law, or from self-inter-
est There was evidence of what Miner,
Vaile and John Dorsey did during the sue
ceeding period. 1t was for the jury to say
whether they had corrupt purpose. If they
were satisfied that it was fraudulent combs
nation, then that made out its character am
terror to the period fixed by the statute of
limitations. Immediately upon $. W. Dorsey's
interest in the business. An entirely new
organization was effected. The jury
must determine whether Peck and John
w. Dorsey, who then stepped out, were men
of straw and s. w. Dorsey the substance. Tho
Government claimed that Peck and John Dor
sey still remained in the combination because
they continued to make affidavits. They held
contracts in their own names. s. w. Dorsey
and Vale, who had no contracts in their
names, were unable to make affidavits, and
the old parties remained in for the puI-
Of carrying on the then e
right. If Peck and John Dorsey knew it to
be an unlawful combination with a criminal
purpose, yet agreed to further its objects,
the conspiracy. That conspiracy did not de-
pend upon the contracts. A person might
remain in the conspiracy although he
h had paFtea The With his sso in the
was dangerous averment, and was regarded
as surplusage. Ii fact and evidence were
to the contrary, then everything depended
day before the 10th of May, 1879. Whether I'M
lawful or not, il the combination ceased after
the 10th of May, 1873, there was no evidence Of
solution the jury would have the right to pre-
sumo that the organization formed in 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 . conspiracy.
They must find an overt act committed by
some one of the defendants after the Goth of
Most of the alleged fraudulent petitions land
they bore that appearance upon their faces
were filed before the date spoken of. On
route No. "a, 149, a false petition was charged
to have been filed July 10, 1879, but the EVIL
dence was that it was filed April 3, 1879. and
it seemed that it was barred by the statute
But here another question arose: whether tho
parties interested in procuring the order in
using the false petition filed April 8. 1879, to
secure the order of July 10, 1879, had not COM
mitted ain act in pursuance of conspiracy?
Tto0r ct0f fn hnn rirrrr hot
and he should hold to the proposition that
party awaiting himself of a false paper to Sc
cure an order on a certain day would not be
protected by the fact that it had been filled be-
fore that day.
Judge Wylie then enumerated other papers
corresponding in their character to that al
ready commented upon He believed there
was not single instance where papers were
filed within the statute of limitations.
Mr.. Bliss interrupted to say the the affidavit
on the route No. Al, 131 was clearly within tho
no hllfM Mr. hot +hn