The Portland daily press., 1883-05-09
THE STAR ROUTES.
Mr.. Bliss Concludes His Argument-The
Government Allowed but One Closing
a.

Mr.. Bliss Concludes His Argument-The
Government Allowed but One Closing
Argument
WARRINGTON, May g. Mr.. Bliss contin-
ued his argument to-day. Different affidayits
were taken up separately, and their inconsis-
tences pointed out. When the hour for re-
cess had been reached, Davidge suggested that
that II probably would be for their (the defeaae)
good II he stopped.
When the court re-assembled after recess,
Bliss began his concluding remarks, He made
particularly bitter attack upon Brady, ana
then turned upon the other defendants. inc
overt acts charged against each OF them were
recalled to the memory of the jury in sue
einot summary Of the evidence. This proseon-
tion, said Bliss In conclusion, was intended 10
protect the treasury, Such trials must nsoes-
sarily take place in this city, and the eyes oi
the country were upon this trial TO ascertain II
jury could be found in the District capable OF
understanding "a case of this magnitude and
able honestly TO do their duty without fear or
prejudice. Bliss then took his seat, and Mer.
rick said, the government has closed its open
ing.
Merrick read personal letter to himself
from the Attorney General, dated April 2ith,
referring TO conference had with Merriek on
the subject OF the closing argument. He says
that 1t has been his intention 10 take part In
the argument after tho close of the case. He
OF official business, but he has informed him
self OF the proceedings from day TO day. He
had hoped that some arrangement would be
adopted such as was had In the former trial,
lie wishes To have the case thoroughly tried by
lawful means to the lawful end TO prove that
a man is amenable TO law, no matter how high
his position. He directs Marrick 10 ask the
court TO allow the government two closing ar
guments, for 1t is his conviction that they are
entitled to il In this, of all cases II the court
N all fta bau la u
torney GeneraD Is necessarily excluded. This
Is due TO Merrick, who knows the case so thor
oughly and has borne the brunt OF the long
and arduous prosecution. He will not, and
shall not, supersede him, but, II the court
should grant the request. aud the defence (as
they have threatened) shonld refuse 10 make
an argument, then he (the Attorney General)
will withdraw, for, although they deserve the
punishment they would draw upon their heads
by pursuing that course, he will not have .
case OF this magnitude go TO the jury without
allowing the defence the bagefit OF all that
can be said in their behalf.
Merriek added that he had conferred with
Wilson, and that gentleman had declared that
he would refuse 10 argue ia case the govarn-
ment was allowed two closing arguments. but
nevertheless he desired ruling upon the sub
ject. He wished the court TO say that the gov
ernment was entitled to two closing argu-
ments
Some discussion ensued in regard to the At
torney Generals understanding of the courts
position in the matter.
Judge wylie said that the former arrange
ment was matter Of convention between OPP
posing counsel.
Mr.. Bliss said the defence had rejected
similar proposition in this trial.
Mr.. Ingersol wished 10 understand IL he
was TO regard the letter Of the Attorney Gen.
eral as proffer TO enter into such an arrange
ment.
Mr.. Merrick replied in ths negative, Two
of the government counsel had made argu-
ments, and il Is now too late for such an ar
raneement.
Mr.. Ingersol, in answer to a request from
the court, made vigorous protest against the
motion to allow two arguments TO the prpsecu-
tion, and he was seconded by Wilson.
This court said that it had seen nothing 10
satisfy its mind that there was any reason such
as sickness or absence OF counsel, that would
justify departure from the established
practice in such matters. 1t was the universal
practice IN Jury cases 10 allow but one reply 70
the government, and that order would be pre-
served IN this ease.of course such matters were
within tha discretion OF the court, aud were
not subject TO appeal; but the courts discrn-
tion was not mere iutrinscai caprice, and it
saw no reason for departing from the usual
practice.
Mr.. Henkle then requested an adjournment
(it was within twenty minates of the hour
when cour, usually adiaurned) in order to al
low defencetiuie 10 confer together in regard
70 the course they would pursue.
Mr.. Bliss objected. Important engagements
rendered Ii necessary that he should know
what the defence would do.
Mr.. ingersoll explained that perhaps The de-
fence could arrange 10 make place for the At
torney General. They did not want TO deprive
tho Government 81 the services Of its highest
cfficer.
Mr.. Bliss--You have changed Jour mind
rom Dorssy's view when he went to zee Gar
aeid.
Nfr. Fngersoll-T This Is q difftre1t one.
In answer 10 Ingorsollis suggestion that the
General, Mr.. Merrick said he should refuse 70
enter into any arrangement with the defence
as they had uniformly rejected his propositions
THAT Is what we want retorted lpgersoll,
ito make them responsible for keeping out the
Attorney General
After some further debate the court granted
Mr.. Henkle's request and adjourned