Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1884-04-18
BOLD. BEN BREWSTER.
.fs ,psas or STAR ROUTE TRIALS
Explaining tho Big Compensation eiver
the Lawysrs-Bns Belief that the
trials Diu much GOOD,

|
! rcrs and data bCMiug upon the compeu
satiOu OF special attorneys in the Star
| Rouce cases. He accompau rs these doc
| uments with letter explanatory Oi the
| action of th1 department of justice III ro
lation to the employment and fees OF spc
| cial attorneys III these cases in which ho
| SAYS :
The compensation for legal services in
| these cases was first fixed by my predecns
sor, Mr.. MacNeagh, at consultation WIN
Geo. Bliss, esq at Long Branch, y, j.,
| In the presence of Mr. James, then post
| master general, as you will observe from
the letter of MIR. Bliss to Hon. William
Lawrence, first comptroller of the treas
ury, dated November l2th, 1882 1t seems
that at that time Mr. MACY NeaRh did not
thjuk that he had authority uudCr the
law to enter into a contract binding the
department to ray specific sum Tor
future services. The fact is the law does
not contemplate such contracts, but NJ.
MagNoaEh, not having the statutes ~
hand, pleaded his inability under the aw
as a reason tor not entering into formal
agreement
| However, they came to mutual under
standing which WAS deemed iiS equivalent
DO not think the rate thus liked TO be
either immuiCTate or in excess OF the fees
|
active practice IL must be remembered,
too. that Mr., l'lsS was taken away from
home and prosperous business aud that
he was selected because of his peculiar
fitness fDr Investigations Of this character,
having had large experience 6s United
States district attorney in New Ork city
10 like eXlmIuatIOus.
Had It becn originally supposed that the
cases would occupy the time they did,
probably the rate fixed would not have
breu asked or given. When, however,
tho trial was teiiOusly prOtracted by the
policy OF the defense, the sum total paid
Tor the services of Mr.. Bliss did appear
excessive, and ! accordingly urged that
some abatement bs made by him, as did
also to the other COUNSEL. MIR. kcr's bill
| reduced and Mr.. Merrick made reduc.
tious at my request but Mr.. Bliss insIst-
ed upon full cOmp inCe with the require
meurs Of the original contract, IN one
instance CldimiuE that 1t allowed him 70
charge Tor arguments sum in excess OI
800 per day, which | refused e. grant,
aud on the All OF November, 1883 HH
wrote letter threatening to wl'hIJaw
from the case il his account was n, paid.
While the cases were in progress |
| thought it iuiIIiyiJus 70 insist upOl Ca
cess,ous which would bring about the
| NlIl.lEAN ~ bl lLEs DAloss bas4lGS Nulsi
| had a new attorney been employed il his
! place, It would have taken him several
! months 20 learn tu0 facts ani make the
necessary preparation, which would have
| increased rather than diminished the
expenses, thou Ia lc were employed AZ a
lover rate.
The comp3nsa,.ol Of MeesTs. Mcrri3k
AID her WAS fixed by me, not extraya-
gau'ly, a. think. The record Of the two
trials employed 0&.4 pages OF closely
printed mater the labor was extreme,
aud the counsel we're engaged contnuOusly y
for months, and often to q late hour at
night. In view OF the importance OF the
] cases, aud the responsibility deyClYIng
{ upon the attoTues ) for the gOyerhmenL
do not tL.Uk the amount received by
hcssss. A5vr'Ik aud ker excessive or cut
Of psopDrliuu - that paid IN cases OF ever
. less magnitude between private parties.
u All ol the u,uustl was necessary. TheIt
were ~ least ten openly acknowledge
counsel 10. the defence in the first trial
and eight IA the second. Opposed to these
were but three for the prosecution, some
, OF the time OF Mr. Bliss was frequently
taken up in attendance upon the grand
lugy aud Out Ut court, when the whole
! labor OF ths cases was thrown upon Nj
3 Merr!uk and Nr. X r, who had 10 conduct
the frequent aud VeXatiOus interlaCutOry
. COateuuOns over the irrelevant questions
raised in order To pTOiOng the trial, il
pursuance Of the policy OF the defence.
On the 2O:h Of " MLroh | requested Mr.
g Bliss - retire. and on the 3lsJ of March,
t 1854 Mr.. MerriCk withdrew. | have
- recently employed Mr.. ker 20 assist in til,
0 prosecution Of the Kellogg case, a matter
which he hal previously prepared auC
u with walch no - familiar. His last EN-
pluTmcut - from March 81, 1854 aud is q
, a compensation TO be fixed after the trial
I when | eau properly judge Of tbs value .
his services.
In the first trial Of the cases agaius
a Dorsey ct al personally appeared il
V court as often as my other duties would
;. permit, followed the cases with care from
: day 10 day aud made the closing argumen
before the court aud jury.
' TwJ OF the defendants were convicted
" on the FIRST trial, but the irregularity an
y IncOngruity Of finding the subordinate
" guilty and failing to JCJnyiCt the Organizer
!. and general CJuspigatOrs-Ihose who mad
q the whole gain aud those who had set o
7 foot the whole scheme to rob the govern
h moat-wore SO manifest that the verdic
t was set asid1 upon the motioa Of the gov
!. ernment
c Ga the sy3oaI trial there vas An &C
d quittal.
g Tho public men who were involved /,
n these c Ises were not on their trial befOr
If these juUeB alone they were on thei
trials before the people OF the Unite,
10 States, and they were convicted by tn
10 common judgment Of the whole country
/. Ihey are not punished by imprisonment
~ but they had better be in prison than no7
d at large, objects OF scOrn aud aversion.
The prosecutions have not been withOu
-, their usefulness either. | have been in
y, formed by the post office officials that the
~ have saved the government in that dc
! Partmcnt alone - 600 900 per anuum. Tn
etteC. has been 10 deter all of the adgen
: tuTorS who throng about the department
>, IN Washington. The same officers hay
W assured mo that before these cases wer
begun the halls Of the post Office depart
ment were swarming with these dishOnes
jObbers. They are there no more. Th
I wholesale terror ofthese trials has expoller
- them. The thOrOughuess of these inves
legations has made it plain that there is II
T. place so high that it could become
Il sanctuary for thief or public rObbeI
Very respectfully,
n BENJAMIN HARRIS BREWSTER,
y Attorney General.
FOUR STATE CONVENTIONS.
10 Ne" jersey, Delaware. indians and Ten