National Republican., 1883-06-13

simply mons sfous, and Brady did not accept
it but hsrallowed liberal compensation
about 81 per mile--for the service.
Brady had said that he regarded tho con
tractors as honest, upright men. Ho Judge
Wylie) had been strongly impressed with tho
freedom with which the contractors made af-
fidavits, tho liberality with which they were
made in their own interests When man
knew that he could pocket $4,000 or $4,000
by changing n few words in an affidavit it
was an invitation too strong for most mon TO
resist They should have beon watched
with great vigilance Brady had for his
check rule based upon the mileage.
1t was n dangerous rule-an invitation
to fraud conducive TO perjury, system
upon which no man would conduct his
private affairs. And what was the need of the
hurryp Why should the mail be forced across
the wastes of the Tongue river route to carry
tho mail to n few sodiers2 Why should
route be expedited so as to require courier
to travel day and night--to swim unbridgcd
torrents? 1t shocked his sense of propriety,
of official responsibility. OF course, man
might become an enthusiast, and do such
things honestly. Certainly Gen. Brady re-
gardcd himself as a rival to his predecessor
aud had spoken of the Jewellian policy. 1t
was not in this case, said Judge Wylie, but he
had heard IL from Mr.. lowell, that his policy
was to keep the expenses of the department.
within the receipts, and that after all
seemed to bo the true policy. 1t was extra
ordinary tho length to which mon would go
in their ideas of government policy. The
river and harbor bill was an instance; IL had
been passed by an immense majority against
| the will of tho people. 1t was disgusting to
| hear public men talk Of my people" simply
because they happen TO be congressman; to
hear of them demanding incre ised services
on star routes, and making other demands
| upon tho treasury in the name of the people
| nff nut
guard tho treasury against attempts OF that
| sort.
Other prayers for the government were al
| lowed after reading, and running comment
was made upon them. Touching the amount
of credonce to be given to RerdelPs testimony,
| Judge Wylie said that IL was not TO be dis
| credited because IL was that of an accompllco
| If IL was corroborated by other witnesses, and
sustained by tho material theory and aspect
| of the case In considering the testimony given
| by the defendants, the jury must make
| an allowance for tho temptation to when
they were exposed. He could not grant the
governments prayer that the jury be directed
| to regard as % circumstance tending to prove
guilt the refusal of the defense to produce
books and other written evidence upon
notice. That was not the law IL did not al
low an upfavorable inference TO bo drawn
from such n refusal. But it allowed tho prose-
cuton TO give secondary evidence, and 1t was
|
not afterward be impeached or contradicted.
The court thought that the jury could find
any other defendant guilty of conspiracy
with Rerdell 1t was also inclined to the
presumption that Pelham could not have
contradicted Moore, because of the failure of
the defense to call him. However it did not
strengthen Moore's statements.
OF the failure to call Bosler and William
son, tho court said that tho jury was at
liberty to draw an inference if they believed
that those witnesses could have given inn
portant evidence This disposed of the
prayers for the prosecution, and short recess
was taken.
Whom tho court reassembled Judge Wylie
proceeded to answer such of the prayes for
the defense as were designated by that side.
The Jury was instructed that IL was their
duty to find that there was no conspiracy, IL
the facts proven could be accounted for by
any reasonable hypothesis of innocence based
upon the evidence A large number OF
prayers attacking tho indictment upon tho
ground that it had been drafted under an i'm
proper statute, and complaining of tho erro-
neous description of papers, were refused.
The ninety-ninth prayer, admitting the right
of the jury to disregard the entire testimony
of witness who knowingly swears falsely
on q material point, was allowed
The nineteenth prayer clothing the de-
fense with the presumption of innocence
until proved guilty beyond reasonable
doubt, was also allowed. Many of the re-
naming prayers for tho defense were refused
and the remainder withdrawn.
Mr. Davdge, in bohalf of his client, s. W.
Dorsey, noted exceptions to different pas
sages of the charge by the court. MrWilson
did the same for Gen. Brady. At Mr.. Bliss
suggestion, the jury were instructed that they
might find conspiracy between Peck and one
of the defendants.
The foreman asked that the jury be fur
| nished with a copy of the charge, but Judge
Wylie smilingly said that it was call in the
: air :" he had no record of it. If the jury were
at n loss in regard TO any point of law the
5 court upon their application would relieve
them. The bailifls were then sworn to take
, charge of the jury, and place them in some
retired room without fire light. Especially
, fro" said Mr.. Ingersoll. [Laughter On,
of the jurors asked how it would bC
D in regard to sleeping accommodations
and another wanted his dinner Tho cour
, said that the jury would bo fed and provided
with sleeping accommodations in the build
, ing if they desired to sleep A copy of tn,
indictment was given to the jury and they
retired ut 3:45 o'clock p. m. The court ther
. took recess until ten o'clock this morning
with the understanding that if the jury ar
rived at verdict before 10 o'clock last nigh
4 the court would reassemble to receive it.