Democratic Sentinel, Volume 6, Number 33, Rensselaer, Jasper County, 15 September 1882 — THE STAR-ROUTE TRIALS. [ARTICLE]

THE STAR-ROUTE TRIALS.

Conclusion of the Long and Tedious Case. Judge Wylie’s Strong Charge to the Jury. [Washington Telegram (Sept 8) to Chicago Tribune.] Judge Wylie’s charge to the jury in the star-route cases was very strong on behalf of the Government It was clear that the Judge, at least, thinks that the jury will be without excuse if they shall disagree or bring in a verdict of not guilty. Thus far they have only been able to agree as to one of the defendants (presumably Turner, and that he is not guilty), but this is only an inference. They have been remanded to their quarters until to-morrow at 10 o’clock. The Judge’s . charge and the answers to the exceptions of the defense to the charge occupied a session of five continuous hours. Judge ’Wylie is a modal of judicial calmness and deliberation. His charge was entirely free from passion, but was to the impartial listener resistless in its logic, and, if the technical lawyers may claim that he too strongly put the arguments for the Government, laymen admit that he spoke the words of truth and common sense. Those who have not heard the testimony in the star-route cases cannot read the charge of Judge Wylie without coming to the conclusion that the Government’s case at least ought to prevail, and that the conspiracy was established. The law of conspiracy was made much simpler than the mystifying arguments of the counsel for the defense had made it, and the dust which they had raised as to the question of overt acts was fully laid. He maintained that, strongly as the defense had resisted such proposition, the conspiracy might be proved by the overt act as its consequence, even if the conspiracy itself could not technically be established, and he charged that,if one overt act of the vast number contained In the more than fifty printed pages in which they were scheduled should be sustained, the conspiracy would be established. As to the question of proof, Judge Wylie made it much easier for the jury to prove the conspiracy and the existence of the overt acts than it seemed possible after listening to the arguments of the defendants’ counsel. Yet he was entirely just to the defense. He insisted in the broadest manner that every juryman, in his own conscience, must be satisfied beyond a reasonable doubt of the guilt or the accused. While at the same time maintaining that the Judge is condemned who allows the wicked to escape, he talked as a practical man to practical men, and made no show of learning, and, in the discussion of the legal elements of conspiracy, made the matter so simple that the most ignorant juryman could have no excuse for not understanding him. As a sample of the evidence he took up one route—that from Vermilion to Sioux Falls, which, although one of the smaller routes, shows in the clearest possible manner the scope and purpose of the conspiracy. It shows, too, better than some of them", how great a pretense it is for the defense to claim that they are not responsible for their acts, since they were recommended bv Congressmen. Upon this subject Judge Wylie showed greater indignation than in any other part of the charge. He declared, with great emphasis, that an executive officer is governed by the law, and not by the will of a Congressman or of the General of the army, and that a Congressman was no more to be respected out of office seeking his own ends than any other man. His criticism upon Gen. Sherman’s testimony will hardly be read with pleasure by that gentleman. Judge Wylie plainly said that, in time of Indian trouble, he thought it not the duty of the Postoffice Department to extend mail routes over the Rocky mountains and among savage Indians, in order that the mail-carriers might be pickets for the army, but that then was the time when the law required the Postmaster General to exercise his discretion to withdraw the service. The fact, too, that there were many good petitions among the many bad and fraudulent ones, he claimed should not be made an excuse for acquitting Brady of the bad exercise of his discretion. As was to be expected, the defense made a desperate effort to break the force of this decision by exceptions, entered in manifold forms. The jury retired at nearly 4 o’clock, to be called again in the court' at 6. When the latter hour arrived, the court-room was crowded, but the principal defendants, Brady and Dorsey, were not present. The foreman of the jury announced that they had only been able to agree as to one. Judge Wylie said: “That won’t do,” and remanded them to their quarters until morning, with the intimation that, while the Marshal would make them comfortable to-night, he would not promise like comforts for another night if a verdict should not be rendered, and Judge Wylie is as good as his word, for, a few years ago, he kept an obstinate jury for hours without light or food, and finally forced a verdict. The Government certainly has great apprehensions tonight that; the' jury will not be able to agree, and that it will be found that the ‘■juryfixers” have done their work.