The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1883-06-15
THE STAR ROUTE TRIAL.
Judge wylie's Charge to the Jury.

WASHINGTON, June 12.-Judge Wylie
began his charge TO the Star Route jury this
morning. After thanking the juiymen for
their patient attention during the weary
months of the trial and reminding them
that they had nothing to do with the public
demand, newspaper articles or appeals to
their sympathy, but must decide the case
upon the evidence, he at once commenced
to state the legal points involved.
Judge Wylie then turned to the printed
disposed ofin his preceding remarks. Touch
ing the amount of credence to be given
RerdelFs testimony, Judge Wyle said it was
not to be discredited because 1t was that of
other witnesses and sustained by tie materi-
al theory and aspect of the case. In consid-
ering the testimony given by the defendants
the jury must make allowance for the temp
not grant the Governments prayer that the
jury be directed to regard as a circumstance
to prove guilt the refusal of the defense to
produce books and other written evidence
upon notice. That was not law. 1t did not
allow unfavorable inference to be drawn
from such refusal, but it allowed the prose-
cution to give secondary evidence, and 1t wa
good for all it could fairly prove and could
not afterwards be impeached or contradict
ed. The Court thought the jury could find
any other defendant guilty of conspiracy
with Rerdell.
OF the failure to call Basler and William
son the Court said the jury was at liberty to
draw their inference If they believed that
those witnesses could have given important
evidence. This disposed of the prayers of
the prosecution.
Judge Wylle then proceeded to answer
such prayers of the defense as were desig-
mated by that side. The jury were instruct
ed that II was their duty to tind there was
no conspiracy If the facts proven could be
accounted for on any reasonable hypothesis
Of innocence based upon evidence. A large
number of prayers attacking the indictment
upon the ground that 1t had been drafted I'M
der an improper law, and complaining of er.
ronous description Of papers were refused.
The ninety-ninth prayer, admitting the right
of a jury to disregard the entire testimony
of witness who knowingly swears falsely
on material point, was allowed. The min.
tieth prayer clothing the defense with the
presumption of innocence until proved guilty
beyond reasonable doubt was also allowed.
Many Of the remaining prayers for the de-
Tense were refused and the remainder
Withdrawn. A number Of exception. to the
:harge we're noted by the counsel for the de-
fence. Bliss suggested and the Jury were in.
structed they might find conspiracy between
Peck and one of the defendants. The fore.
man asked that the jury be furnished with q
copy of the charge, but Judge Wylie smil.
ingly said, THAT It was all In the air, be
had no record of 1t. II the jury were at q
loss In regard TO any point Of law, the court,
upon their application, would relieve them. -
The bailiffs were then sworn to take charge
Of the jury. A copy Of the Indictment was
furnished the jury and they retired. The
court then took = recess until ten o'clock to-
morrow morning with the understanding Il
they arrived at verdict before ten O'Clock
tonight the court will reassemble to re-
ceive it.