Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-03-20
THE STAR ROUTE TRIAL.
Judge Vylie Excludes Brady'S Testi.
ElOny as to the Price Checks.

when the star route trial was taken up this
| morning Mr. 1ngerson concluded his argument In
reference to the admissibltty OF the questions
prorounded to Mr. Brady respecting the Price
drafts. Nj. Ingersoll argued that it was absurd
to admit evidence against these joint defendants,
which, he claimed, would not be admissible IL
Brady were indicted alone II the government
| could 60 Into the 1ndianOla and Corpus Christi
the defense could into all the other routes and
prove that in them he acted properly. The effort
to wander into other cases he thought showed that
| the government was satisfied that they had not
succeeded In this
Judge Wylie's Ruling.
Judge Wylie said that yesterday he had de-
clined to permit the witness BRADY from tender
! Ing his testimony. AS general rule a witness
could waive his privileges, but 1t was the duty OF
the court to see that no irrelevant testimony was
admitted, and the question here was whether the
evidence was irrelevant. There were t wo classes
OF evidence the court could receive-one class to
s sr tns conspiracy ana one class to estab,
to prove an overt act, and II competent at all it
was competent under the other head-to prove q
which applied to q criminal case OF conspiracy
ne cited an opinion by Judge Story In the
case eo OF the .; s: agt Gooding, 18th Wheaton.
It seemed to him that the present offer was an
offer to prove act OF Brady alone in regard to
another matter wholly distinct from the matter
thority from the other defendants to bind them in
his dealings with Prlce7 He saw none. and there
this connection were not so connected with the
subJect-matter OF the Indictment as to confer any
authority upon him at all. Then the evidence
could apply to him only. They had received evil
| dence OF acts OF separate defendants connected
with the subject of the Indictment with a pledge
that there should be bond produced which would
unite them and show them to be acts done In fur
therance OF q common purpose. But this transac-
| tion was not in the Indictment. There was moth
| resemblance OF one case to another-and that was
not sumclent ground for admitting it against
defendants 1t was urged that this
testimony was admissible against Brady as show
show that there was common Character between
the transaction offered in evidence and that
charged In the Indictment II the evidence was
with the other defendants. That would be trying
Brady alone for crime not In this indictment.
embrace more than one Of the defendants, he
thought was suf1clent ground for the exclusion of
the evidence, and he therefore excluded it.
Brady'S CrOsS.ExaMimatfOn Resumed.
Mr.. Brady then resumed his place on the stand,
and Mr.. Bliss continued the cross-e1amination in
terrupted last Friday by the question arising re-
gardlng the admissbllty OF questions concerning
the Price drafts
The witness was questioned as to his methods
OF estimating the value OF service. He said he
had not readvertsed the Bismarck and Tongue
River route, when he knew that the service would
not be performed at the contract rate, but pre-
iSlIou W give Ou lHCIttSc W l0e contractor. De-
cause at relettng, as 1t was new and difficult
route, they would run the same risk Of some ones
taking 1t at a price inadequate for the service.
The witness said he was unwilling to state what
Senators or Members interested themselves in the
later orders on the Mineral Park and Phoebe route
He believed that the Senator's and Representa-
ttveS from Nevada and the delegate from Utah
Interested themselves in getting the original
orders made
The witness was asked what right he had
simply on the letter of Mr.. Sidney Dillon so far
as the jacket indicated, to revoke the order cut
ting down the expedition on the Mineral Park
route six days after it was made and thereby Civ
ing the contractors $4,000 on the plea that intus-
tice had been done them. The witness replied
that he had the power and right under the law
The contractors complained that wrong was done
them and that was urged by Senator Plumb. The
witness could not say why 1t did not appear on
the Jacket that the service was restored I'm Justice
to the contractor. He could not remember what
justice had been done. He did not know what in
terest Senator Plumb, OF Kansas, had In an Ar-
zona route, but the Senator stated that he came
to see him In the interest OF the contractors who
were friends OF his.
After recess Mr.. Brady's cross-examination was
continued, the witness being questioned as to va
riOuS orders.
Mr.. James W. Bosler, who was arrested yester-
day afternoon at his home, in Carlisle, Pa, as
stated in the kilograms to THE STAR, for ASSAULT
Ing the deputy marshal who served upon him a
subpoena as star route witness, was taken to
Philadelphia yesterday afternoon for a hearing
He was held In 81, 900 bail to answer at the May
term OF the United States district court
RT-SE fhnr rotv>o nlf1R