Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1883-06-13
The Jury Charged by the COURT
and Locked up for the
Night.
The Emperor Of Japan Made
Happy With a Cool three
Quarters Of a Million.
Reorganizing tho Revenue Sey vics
Chinese smuggliue-Gsnsral
Capital News.
TIE STAR ROUTE TRIsL

Special Di, patch to TnS BKn.
ADDRESSING THE JURY.
WASHINGTON, June IL. - Judge
Wylie began his charge to the star
route jury this afternoon after thank.
ing the jurymen for their patient
attention during tho weary months Of
the trial, and reminding them that
they had nothing to do with public
demand, newspaper articles, or appeals
TO sympathy, but must decide the case
upon the evidences. He at once com.
menoed to state the legal points In.
volved.
Judge Wylie then turned to the
printed prayers and commented upon
those not already disposed of In his
preceding remarks. Touching the
amount OF oredence to be given Rer-
dell's testimony, Judge Wylie said 1t
was not to be diecredited because It
was that of On accomplice, If 1t was
corroborated by other witnesses and
sustained by material theory and as
poet of the case. In considering the
testimony given by the defendants,
the jury must make allowance for
the temptation to which they were
exposed. He could not grant the
governments prayer that the jury be
directed to regard as oircum.
stances tending to prove guilt,
the refusal of the defence to produce
books and other written evidence upon
notice. That was not law. 1t did
not allow an unfavorable inference to
be drawn from such refusal, but it al
lowed the prosecution to give second
ary evidence, and it Was good for all
1t could fairly prove, and it could not
afterwards be impeached or contra
dicted. The court thought the jury
could find any other of the defendants
guilty of conspiracy with Rerdell. OF
the failure to call Bosler and William
son the court said the jury was at lib.
erty to draw all inference, IL they be-
lieved that those Witnesses could have
given important evidence. This dis.
posed of the prayers for the prosecu.
tion. Judge Wylie then proceeded te
answer such prayers of the defense as
were designated by that side. The
jury was instructed 1t was their duty
to fad there was no conspiracy If ths
facts proven could be accounted for
by any reasonable hypothesis O
innocence based upen evidence
A large number Of prayers attacking
the Indictment, upon the ground tina
1t hsd been drafted under Improper
statute, and In some places erroneous
descriptions given were, refused. Th'
ninety-ninth prayer, admitting th'
right of the jury to disregard tie er.
tire testimony of witness wh'
knowingly swesrs falsely on mate
rial point, was allowed. The nine
teenth prayer, clothing the defendant
with the presumption of Innocence
until proved guilty beyond ressona-
BILE doubt, was also allowed. Man!
of the remaining prayers for the de
feuss were refused, and the remainde
Withdrawn. A number of exception
to the charge were noted b.
counsel for defense. At Bliss
suggestion the jury were In
| Slruc.eo they HiSut huu conbplrac.
between Peck and one Of the defend
anti. The foreman asked that thu
jury be furnished with copy of ths
charge, but Judge Wylie smilingl!
said that 1t was "all In the air." III,
had no record of 1t. II the jur,
were at loss In regard to any poin
of law, the court, upon their applica
ton, would relieve them. Bailiff
were then sworn to take charge of tn
Jury. A copy of the instrument wa
given tho jury and they retired. Thu
court then took recess until II
o'clock tomorrow morning, Will
the understanding that If the jury
arrived at verdict before 10 o'clocl
tonight the coart will resssemble t,
| receive il.