Rensselaer Republican, Volume 14, Number 52, Rensselaer, Jasper County, 14 September 1882 — BRADY, DORSEY & CO., [ARTICLE]

BRADY, DORSEY & CO.,

Conclusion of the Star-Route Trial at Washington. Charge of Judge Wylie---The Nature of a Conspiracy Defined. ▲ Mixed and Unsatisfactory Verdict. (Washington Telegram (Sept. 8) to Chicago Trltyune.l 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 orbring in a verdict of not guilty. Thus far tltoy have only been able to agree as to one of the’ defendants (presumably Turner, and that he iAnot guilty), but this ip 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 souse. 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 was established. The law of conspiracy was made mdeh 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 const q ience, 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 no was entirely just to the defense. He insisted in the broadest manner that etery juryman, In his own conscience, must be satisfied beyond a reasonable doubt of the guilt of 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 -lost 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 by 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 hiirdly 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 bud and fraudulent ones, he claimed should not be mode 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, Brody 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 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 tha{ the “juryfixers” have done their work. Walting for the Verdict. The jury came into court twice on Saturday, the 9th, but reported no agreement, and asked fdr further instnidtlona These were given by Judge Wylie at considerable length, and their general tendency was strongly against the defendants. The Judge said: ■ “If you believe that these defendants, or any of them, are guilty of this conspiracy, that is one step settled. When you reach that conclusion sink a post there, and, that auestion being settled, the npxt one is as to ie overt acts, and there ore forty or fifty pages of this indictment employed in seating out distinct overt acts.’ If any one of those overt acts is correctly set out, and such an act corresponds with the indictment, it is enough, though all the others may be incorrectly set out. ” Ingersoll—“l would like the court further to instruct the jury that it is impossible to make any one defendant responsible for the act of any other, unless the fact of a conspiracy has lieen established beyond reasonable doubt. And further—” “I am not going,” exclaimed his Honor decidedly, “to have this question argued any more. This is a talk between the Jury ana myself. The time for argument has passed. In regard to the overt acts on the Vermillion and Siou Falls route, if there be a paper in the case requiring interpretation, that interpretation belongs to the court, and there is no question Between the court and iurv on such a proposition as that, and it is absolutely the business of the court to interpret written instruments; and I read in the indictment the description of an overt act in regard to a certain route, and read on jackets produced here a description of an overt act done by one of the defendants; and that description corresponded, to the lost and minutest particular, with the description in the indictment. It became the duty of the court to say to you. gentlemen, that if you believed that

jacKet is a genuine paper, and the order, signed * Do it, Bradv,’ was written by Brady, there is no escape—that the overt act a proved.” counsel for defense excepted to almost every word the Judge uttered, and Judge Wylie remarked: ‘‘Of course you don’t like the law. Every word I say is objectionable to you. If I make mistakes, however, you have an appeal. ” On Sunday morning, the 10th, the court was again called to order, and in a snort time the jury filed in and reported they had not agreed upon a verdict, whereupon the court informed tlicm he would apply tn their case tlie rules of common law, and send them to the regular jury-room in the Court House to bo kept "without light, tire or nnv of the I comfort’ of civilized society" until they ttgrooil upon a, verdict. A Mixed Verdict. K The jurors came into court at 10 o’clock on Monday morning, the 11th inst. Judge Wylie arked if a verdict had been reached, to which the'foreman replied that there had been no change since Saturday, when a conclusion had lieen reached ns to four of the defendants. The Judge, therefore, sent tht ra bnck. and announced a recess until 2 p. m that time the jury returned, and, alter answering to their imines, reported through their foreman that no further progress had lieen made. Judge Wylih hesitated for a minute and then said; “I have decided to accept vour verdict. Marshal, cull the detendunts." Brady and Dorsey,failed to respond on the first cull, and it was suggested thaj they were out of tho court-room, and a DcTrtity Marshal was sent after them. In a few minutoi they elbowed their way through tho throng and took positions facing the court at the defense table. Hie customary question was put to the jury us to whether they hWi agreed upon a verdict, to which Foreman Dickson replied: “I am instructed by the jury’ upon this indictment to make the following return: “As to John M. Peck and William H. Turner, not guilty. “As to John It Miner and Montford a Rerdell, guilty. “As to John W. Dorsey, Stephen W. Dorsey, Harvey M. Vaile and Thomas J. Brady, the jury are unable to agree. ” There was a painful pause in the proceedings, and all eyes were directed to the spot wjiere the defendants sat Brady appeared as if stunned by a heavy blow, and, with head sunk low, presented a very different appearance from the defiant, flaunting personage of the day before. Dorsey leaned forward, as if in doubt os to what lie had heard, while Miner and Rerdell were deathly pale. TKe. court, after the Clerk had’put the usual questions, discharged the iury, and was about to adjourn, wneh he was interraptod by the counsel for Rerdell and Miner with a motion in arrest of judgment and notice for a new trial The court then directed the Marshal to take Miner and Rerdell into custody pending a hearing on the question of a new trial. Foreman Dickson addressed the court in relation to th? charge of bribery that has arisen in this case. He inquired if it would be proper at this time to present to the court the additional information in his possession as to the approaches that hod been made to the jury. Judge Wylie replied that this was not the tinift nor the occasion for anything of the sort. The mutter would be investigated by the law officers of the ■ Government at the propel' time. He hod been told that certain scoundrels hod attempted this abdminablb and censurable crime, and' Mrhen an examination took place, if the charge was, proven, he would punish tlie scoundrel, provided a jury’ could be found to convict him. Foreman Dickson was approached as to how the jury had voted, and rtated substantially that there,were twelve iwriiote taken, and that after the fourth ballot, there were no changes from the verdict as announced in court. The vote stood as follows on the last ballot: To convict Brady, 10; to acquit, 2 (Messrs. Dickson and Brown). To convict John W. Dorsey, 10; to acquit, 2 (Messrs. Brown and Holmead). To convict Stephen W. Dorsey, 9; to, acquit, 8 (Messrs. Brown, Dickson and HWmtfud). To convict Vaile, 11; to acquit, 1 (Holinoml), , Brown, who held otat stubbornly against the conviction of Brady apd the Portey brothers, is one of the two colored jurors.