Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-06-13
THANK HEAVEN!
TIE LONG 4GONT APPROACHING 4
TERMIN4TION
The Star Route Case Given to the Jury
Yesterday Afternoon-Judge Wylie's
Charge tOsthe Jury-The Law of COnspir-
acy Detined-A Favorable Word for
Brady.


WASHINGTON, June 12.-Judge Wylie be-
gan his charge to the star route jury this
afternoon. After thanking the iurymen
weary months of the trial, and reminding
them they had nothing to do with the pub
lie demand, newspaper arti-
cles or appeals to sympa-
thy, but must decide the case upon evil
dence. He at once commenced to state the
legal points involved and said in part the
policy of law must be foand in itself. No
public officer had any right to set up his
own policy against the policy of law. He
held great trust. 1t was his duty to obey
the law. To allow him to set up his policy
against the law would lead to great and
innumerable abuses, but the mere
violation of law by public
officer was not necessarily crime. He
might misunderstood his duty. He might
be guided by intention to do public good
These remarks were intended to apply to
General Brady. Where the law said in
making increases of service he must pay
due regard to productiveness and other
circumstances. 1t hardly seemed reasona-
BILE or fair for Brady to say he disregarded
productiveness. That was the policy of
present cabinet officer, witness in this
case, but the court could not sanction that
policy. The law prohibited any pub
lie officer from expanding pub
| lie money or making contracts
for expenditure beyond the
appropriations. In this case there was
evidence that all money appropriated by
congress for the fiscal year ending June
30th, 1880 had been expended by Deem
Der, 1879, and an appeal had been made to
congress to supply the deficiency. All that
might have been done from mistaken
sense of duty, or an exaggerated idea of
the public good. Men in such positions
occasionally become enthusiastic on that
subject, and if there was no corrupt mo-
tive it was not criminal act.
The judge next took up the question of
conspiracy. The conspiracy, he said, was
charged to be a combination of iutelli-
gent beings to defraud the United States
by fraudulent affidavits, petitions and
orders. The statute limitation covered
with its protection all crimes committed
more than three years prior to the finding
of an indictment which was delivered in
court May 20, 1882. The jury could not
find verdict of guilty against defendants
for anything done prior to May 20, 1879.
If convicted it must be for what they had
done since that date.
| NoTE-Some of the most important
evidence in the case related to occur
rences previous to May 20, 1879.
In establishing the conspiracy and the
facts in the case tending to a different
conclusion from the maj GRITTY OF the evil
dence must be considered, but due regard
must be given to the weight of evidence.
The jury must infer from all facts
whether or not there was cons piracy.
| Judge Wylie then commented upon the
facts made upon the sufficiency of the in
dictment He reviewed the evidence
touching the beginning of the comb1na-
ton. Senator Dorsey, said he, seemed to
expect controlling influence over every
body in that business. He corrected their
estimates and changed their bids. Being
in the senate he could not become contrac-
tor, so Miner was brought here and
with Peck and John Dorsey
secured $50 routes, bidding separately.
They were mutually interested in the bids.
Here was community of interests, al
though not bidders. Senator Dorsey
seemed to be the most active man, not only
| in preparing the bids but in carrying out
the contracts. If he had a sinister and
unlawful purpose he was as guilty as if he
had contract. It was a matter of no con-
sequence why he did these things, whether
from love for his brother and brother-in-
law or from self interest. Here was evil
dence of what Miner, Vale and John
Dorsey did during the succeeding time.
and it was for the jury to decide whether
they had corrupt purpose. If they were
satisfied it was a fraudulent ombination
| then that made out its character anterior to
the period fixed by the statute of Hmita-
| tions.
Immediately upon D. ". Dorsey's re-
| tlrement from the senate he took an &C
| tive interest in the business and an en-
tirely new organization was effected. The
| jury must determine whether Peck and
Jno. W. Dorsey, who then stepped out,
were men of straw, and S. W. Dorsey, the
substance. The government claimed
that Peck and Jno. Dorsey still remained
in the combination because they
continued to make affidavits, and that
| they made contracts in their own
names. 5. w. Darsey and Vale, who had no
contracts in their own names. were unable
to make affidavits, and the old parties re-
manned in for the purpose of carrying on
the business. If it was lawful business
then it was all right.
| If Peck and Jno. Dorsey knew it to be
an unlawful combination with criminal
purpose. yet agreed to further its objects,
then their going out did not retire them
from conspiracy. That conspiracy did
not depend upon the contracts. A person
might remain in the conspiracy although
he had parted with his interests in the CON
tracts. The Indictment so alleged, but
that was dangerous argument and was
regarded as surplusage. If the facts of
the evidence was to the contrary,
then everything depended upon
the character of. the combination
at that day before the Doth of May 1879.
Whether unlawful or not, if the combina-
ton ceased after the Goth of May then
there was no evidence, and in the absence
| of any proof of its dissolution the jury
would have right to presume the organ
ization was formed in April, 1879, and con-
tinued after the statute of limitations
ceased to protect.
The inrv must iudpa of tho nboro otar nf