Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-06-13
THE STAR ROUTE SECRETs.
Mr. Merrick ON the Stand.
HR THINKS THR DoRsKY-BRApY CASE WAS STRONG
ENOUGH TO HAVE .sECURRD coNvIcr1oN-sHARP
CRITICISM OF THE JURY-HIs INTERVIEW WITH
WALSH, ETC.

ENOUGH TO HAVE SECURED CoNyIcr1oN-sHARP
CRITICISM OF THE JURY-H1s INTERVIEW WITH
WALSH, ETC.
Mr. R I. Merrick was before the Springer CON-
mlttee to-day. He said he had been practicing law
Tor thirty years; commissioned as Assistant At
Vorney General TO assist in the prosecution Of the
star route cases the latter part OF March, 1892 en-
tered Immediately upon discharge OF the duties
and was In court on March 31st Before that time
he had been for week or two, engaged In consult
auon with the counsel He said there was no
special contract with regard to the compensation
ne was TO receive. 1t was understood that the At
torney General was to determine that The entire
amount that he received up to the time Of his re-
trement was s3 900 or $3S 0OO He was the employ
OF the government until the 31st OF March, 1884 His
duty was to represent the Attorney General in the
trial as general counsel The duty OF presenting the
cases to the grand jury belonged exclusively to
Col Bliss the drawing OF indictments was the duty
OF MI ker, and witness was on hand to give them
any information they desired from him His posi-
ton would not have justified his going before the
grand jury, and he would not have been allowed to
enter the jury room, under the law OF the land He
never except on one occasion. the particulars
nected with which would probably come out during
the lnVestlgauOn, departed from what he deemed
his functions.
MR.. MERRIcK ON THE DoRsEY-BRADY CASE.
"There has been some controversy" said Mr.
Springer, "as to why the Dorsey Brady cases were
that?"
Witness replied that Immediately after his going
into the cases he had consultation with Col Bliss
Inc Dorsey Brady case was then foremost and ap-
peared to be the one selected to proceed with and
ne could not have chosen a stronger case upon
were tnen drawn up. He looked over the 1ndict-
ment and found 1t all right except where 1t related
he Se eaa % In ss
ue!l essential to the case and he had several
sultatlons They were several hours together in q
room in the Department of Justice, and agreed
upon new indictment, including several overt acts
not previously included and dropping some con-
tained. sanderson was dropped. II he was to be
indicted at all 1t was not to be in the combination
He never heard Sanderson referred to again ex-
cept Incidentally In relation to the Brady Dorsey
case ne SAID he had afterwards talked the
and he thought 1t would have had to be q very ex-
traordinary case that could have been stronger
upon which to secure a conviction. He spoke, he
SAID, OF the evidence in the trial and this was
Sumcient to have secured conviction in the mind
OF any intelligent person.
EVIDENCE ENOUGH WITHOUT WAISTS TESTIMONY.
Without Walsh's testimony there was, in his
opinion, evidence enough to have secured con-
viction. Walsh's testimony was important but
there was enough without it. In the first part OF
the trial the court seemed impressed with the idea
that the governments case was not good. Later
on the question arose upon the admissbility Of
Mr.. Walshs testimony At that time the counsel
Merrlck and BliSs-had an opportunity TO explain
the case more thoroughly, and clear up matters
court and jury were not clear After this the case
,,t went on ooomingly for the government until the
Mr.. Springer asked why they had not recognized
the Importance OF Walsh's testimony before that
time, ana witness replied that he did not think
that before then his attention had been called to
Walsh.
Mr.. MRRRIcK's INTERVIEW WITH WALSH.
Witness said that he had understood that Walsh
was reluctant to appear. He asked for an inter-
view With him. This was arranged and he saw
Walsh at the Arlington. At this meeting he urged
Walsh to testify, but that gentleman said that he
did not care TO testify, giving as his reasons that
he had been badly treated; that his testimony had
been ,ds d BY the grand jury and Geo Bliss
told witness OF his testimony concerning Kellogg
Witness had not then heard OF that, and Walsh eX-
ms associate counsel Bliss knew all about it.
witness said that he then might have said some
excited, Tor he felt that II Walsh told the truth
GREAT CRIMINAL BAD ESCAPED.
Believing this, he thought probably he had spoken
harshly OF Bliss. The witness criticised the Jury
which convicted Miner and Rerdel, the subordi-
nates and disagreed as to the principals When
the records OF the court and he determined not to
let 1t stand, and so told the court. The men con-
victed OF conspiracy were merely the subordinates,
through the principals He quoted his remarks to
the court when he said: "The rich are let 90, the
poor are punished; the masters Set free, the SER
wants are In jail" He claimed before the court that
there had been
IRREGULARITIES IN THE JURY ROOM,
and finally the verdict was set aside.
''What were those irregularttes7" asked the
chairman.
"There was said to have been a paper read in the
jury room,' replied the witness. Witness said that
the jury was Intelligent and the evidence con-
yincing, but he proposed not to express opinions
He would ask the committee TO allow him to pro-
ceed according to the rules OF evidence, and then
draw their own conclusions
Were you not surprised at the verdict 2" asked
Necessarily" was the reply.
sYou could best judge OF the extent Of my sur
prise could you have heard my vernacular at that
time"
Mr.. Stewart" -"surprise is mild term for itn
"He Is going 1T mild" replied Mr. Fyan.
NEVER SAW A WORSE JURY.
Witness said that never in his experience had he
seen worse jury than that impaneled on the sec
ond trial
"Bad, how ?" was asked.
bad in every respect Some Of them could
neither read or write" He HAD but three peremp-
these upon man who said that he had never heard
OF the star route cases, did not know that there
not read print when he Appealed to- the the co%rf
saying that this man was incompetent the Judge
replied that under the laws OF the District he
seemed TO be the only man who was competent
POLITICAL ENTRIES IN BosLER's BOOKS
Witness, speaking OF Bosler, said that he had
asked that he CMerrtck) be not allowed to see his
books, because he tMerrick) was a democrat, and
there were some political entries in the books.
BOSler was held several weeks under subppna
Witness was advised by q party that Boser de-
sired to be relieved from subpoena Witness did
not understand that BOser had Indicated that his
testimony would have embarrassed him "thouph
I've no doubt 1t would" added Mr.. Merrick Wit
ness understood that MI. Bosler did not want Mer
rick to examine his books. because they would re-
veal his political contributions and witness under
stood that BOSler wanted to be relieved from tesff
flying because he did not want to disclose these
Van Astyne as to the political entries on the books
Col Bliss, who sat by, 1nterpoSed, saying there
was no doubt that the books contained entries of
Bosler's political contributions
Mr.. Merrick declined to state who 1t was that an
preached him in regard to relieving Bosler from
witness replied that II BOsler would deliver up the
letters he had (relating to star route matters he
(BoSler) might go anywhere In explaining WHY he |
declined to make public the name OF Bosers friend
Mr.. Merrick said that when he entered the case he
found
THE ATMOSPHERE FILLED WITH SUSPICION. |
The bare mention Of mans name was sufYicent to
attach suspicion to that manand to fasten It upon
him. Witness, therefore, gave orders that no |
mans name should be publicly mentioned unless
there was evidence enough to 1ndict him. that the
witness preferred not to do injury to any fnnocent
man by mentioning his name In this connection.
TIE STATUTE OF LIMITATIONS.
Mr.. Springer asked why Kellogg was not indicted |
before the statute Of limitations ran against the
notes drafts The witness replied that, after his
with Walsh, he Informed Bliss and |
purpose to ask the Attorney General to nave
the grand fury recOnvened. His reason for want.