Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-02-12
THE STAR ROUTE TRIAL.
LIVELY SCENE IN COURT.
TESTIMONY OF HON. WAYNE MacyeIGH.

When the Criminal Court met this morning for
the purpose OF resuming the star route trial ek-
Postmaster General James sat with the counsel
for the defense, and ex-Attorney General Mac
Neagh sat In one corner OF the room.
Mr. Merrick, rising, called attention 70 the pres
ence OF Messrs Macveagh and James, stated that
these gentlemen both had important business that
called them elsewhere, and asked TO withdraw Mr..
Rankin, the witness on the stand at the adjourn
ment Friday evening, and to examine Messrs. Mac
Feagh and James
Ex-ArToRNEY GENERAL MvEAGH ON THE STAND
There being no objection, Hon. Wayne Mac
Veagh, ex-Attorney General, took the stand. and
was being questioned concerning an interview he
had with Rerdell In june 1881.
Mr wilson 0bJected to any statement or Rer-
himself.
Mr.. Ingersoll and other counsel for the defense
Joined in the objection.
Mr.. Merrck said the testimony offered primarily
anected Mr. Rerdell, and for the present that was
his object In Offering it. Had the conversation
had no doubt as to its admissibility to affect all
tne Gelendants, but at the present stage OF the
Trial he offered 1t only as against Rerdell
Mr.. Wilson argued that what Rerdell said ought
not TO go to the jury, because twill have its effect
upon the minds OF the jury as TO the other defend
the jury. He objected to the testimony because
the conversation occurred in June, 1881, two
months after Brady ceased to be Second Assistant
Postmaster General, and because what he may
nave said cannot be given In evidence as against
other defendants.
Mr.. Henkle further objected because a confess
sion cannot be offered In evidence till there was
proof OF the corpus delicti
JUDGE wYLIE SAID
the oer was to prove the admissions OF one OF the
defendants made after the alleged confession had
closed. OF course evidence OF that kind was only
evidence against the party making the admission.
III lt should appear that his statement so fmpli.
Gated the acts OF others as not to be ntelligble
Of course the witness was at liberty to use their
names and to speak of what they did In connec,
ton with the person using their names. But &
be the confession OF Rerdelrs own acts only, and
pc 1ntelligible in that way, without bringing him
into association with others, the court thought
the rule would confine the evidence to his own
acts The testimony under such limitations was
Mr.. Wilson wanted the witness Instructed as to
Mr.: Merrick said Mr.. Macveagh was dlstin-
guished member OF the bar, and understood the
ruling OF the court
Mr. M'vEAGH REMARKED
that 1t was proverbial that a lawyer was a poor
Witness and hab1tually disregard the rules OF evil
dence which he was very :striet in applying to
others
"that the lawyer knows more than the court"
ut Is their business TO know more than the court
your h0nor," was the answer.
THE ExAMINATIoN OF MR. M'vEAGH
his testimony OF Rerdelrs confession as given at
the last trial At the interview Rerden said he
had concluded to divuge what he knew; had COM
munlcated, through ex-senator Powell, with the
foStmaSter General, and had come to the witness
at the request OF the Postmaster General He said
ne was member OF a conspiracy, which consisted
OF 8. W. Dorsey, J. w. Dorsey, j. r. Miner. j. M.
Peck and A E. Boone at first, and afterwards a
man named Vaile.
THE FIRST PART IN THE WORK
herdeI took was In the preparation OF blank pro-
posals. The plan as he understood it was to make
bids on routes below what bona fde bidders would
make and then to have the routes expedited and
increased to profitable figure and that bids were
made on that basis; that after s. w. Dorsey left
by which thirty or more fell to s W. Dorsey and
James w. BoSler, who became Jointly Interested
in these routes After this RerdeI entered the
employ OF the contractors as general manager or
agent at salary; that he was
IN CONSTANT COMMUNICATIONS WITH BRADY
ana the Post Office of1cials; that the peti-
tlons and affidavits used were in many instan-
ees s lalse and fraudulent: that he RerdelD
names entered; one OF the entries, made by dfrec-
tlon OF s. w. Dorsey, was for considerable sum
paid 10 Brady under a fictitious name.and another
70 IuTner; When he was summoned before the
congressional committee ii was feared the book
would be called for, and it was decided to manu-
Iacture new book; that the original book was
then in New York; that he had two letter books
The witness recounted Rerdell's description OF
HOW BRADY MANIPULATED THE ROUTES
at the time OF the congressional Investigation re-
ducing the pay before the investigation began and
restoring it afterwards so Rerdell able to give
plausible testimony in favor OF Brady and the
contractors. He was about to state what Rerdell
said as TO Brady'S interest in the conspiracy and
the percentage paid him, when objection was made
TO testimony concerning Brady.
Mr.. Davidge argued that Rerdell was not in the
alleged conspiracy, as he was an employe, and did
noI snare the proceeds OF the conspiracy.
JUDGE wYLIE SAID
it was not necessary that he should shara tbn ,ro
ceeds, II he were engaged In a conspiracy to de-
fraud the government He did not see how his adj
missions OF conspiracy concerned himself unless
he showed that there was some other than himself
Sp1Hacy.
Judge wylie having intimated that he would not
admit the testimony, Mr.. Merrick proceeded to
argue in favor OF the admission OF the testimony.
MT. Chandler objected to Mr. Merrlck speaking
after the question was decided. saying that MI.
speech every time he felt like it.
"As am strongly inclined against the position
taken by Mr Tn MMerrick." said Judge Wyiie, Il think
.o',t VERY well then" said Mr. Davidge. eff the
cont cont think the case would miss him any more
cluded, said that he thought 1t was beyond Rer-
dell's power to confess what share Brady was to
receive OF the pro1ts OF the confederation, his
Hnowleags Deing obtained from the statements OF
The witness proceeding said Rerden stated that
he had made the entries In the book relating to
Brady upon data furnished by S. w. Dorsey.
SHARP PASSAGE BETWEEN MEssRS. NKRRICK AND
NGERSoLL
A discussion having sprung up over an objection
to the testimony. Mr. Merrick, referring to remarks
made by Mr.. Ingersoll, who sat behind him, OBJ
served that he had one witness in front OF him
and one behind him
"Then." said Mr.. Ingersoll, s.you win come
nearer the truth than you usually do"
"Be careful" said Mr. Merrick shaking his finger
at Mr.. IngersOll, "how you use that expression.n
"Don't look at me, said Mr. Ipgersol. glaring at
Mr.. Merrick.
Il do look at you and tell you to behave your
self, said Mr.. Merrick.
81 have not said one solitary word" Mr.. Inger-
soil stated to the court 'about which this gentle
man can find fault with. j treat him like gen.
tleman, and he must treat me the same way"
Judge Wylie observed that he did not hear the
Objectionable remark.
81 would come nearer to the truth, may It please
your honor, " said Mr.. Merrick
Judge Wylie thought there was nothing of Sc
rious character In that, and the examination OF |
Mr.. MacVeagh proceeded
Mr.. NvEAGH CONTTNuEa
The witness, continuing, said Rerdell said |
that he told the congressional committee that
though nominally the sub-contractor on one route
he was not really the sub-contractor, and that he
had Only an interest In two small sub -c0nfracfs