Show DEFENSE MENSE another hot field day in i n the tile star stu eoute route trial cy by W U to ake ITURA lb warning washington roy march VII 14 in the star route trial malthis Jal thia this morning wilson called wm win 11 ll turner to the ala stand he lie is ii tho tile only defendant who was acquitted as a result of the first trial lie said lio he entered the Pos department part arti ment nent ag as a first class elm clerk in july fly iio lie was subs subsequently equen ay abo route u to bureau clerk and afterwards corresponding clerk being ass assigned ji ened in 1877 to the pacific states division he ile had nothing to do to with the preparation of the in 1877 wilson asked if the witness ever had a confer conference enco with any odthe de fend fen danta ants relative to that adver advertisement but the court ruled out the question on an objection by tho the prosecution ec ution lie know berdell in ho tho 1 78 and had known vaile valle for ten tell y years e a r ile ahr had a kopoc lally in intimate t i m a gie acquaintance avith stephen dorsey speaking of the tile degree of intimacy existing between tho tile defendants the witness 62 baid id that after the division of the routes in 1889 berdell and vaile would meet in the department without speaking rerdell berdell had floth nothing in to do with miners route after ehg that t date and miner had bad no control over the routes niana managed ed bv by derdell Rc Re rdell A paper r conne connected eted vitar the raw mw lins balle ite river route waa was presented the witness lie ile said the alterations an eraston imars llou and anti the Inser insertion tio n of forty uvo Ilon eloira rs had bad been made by himself to save the trouble of making up a new case the petitions were nover never altered while in the department wilson inqui inquired rid of the witness if it ever he lie had bad received money mining stocks or other L consideration from any of the defendants to influence his ilia action h in connection with cheroutes the routes the tle prosecution objected because the witness was no party to the indictment wilson referred to the evidence concerning samuel jonea jones the court asked how jones had been connected with the witness ingersoll called attention to the testimony ot 0 herzoll and mcveagh wherein they said that samuel jones was the alien alias eft eli merrick eaid said the question was no more pertinent than thu the evidence of or belford on it i similar point if the 04 witness was allowed to tou touch chont anthe e subject lie would feel railed ka to re rebut but liis ilia testimony davidge eaid lie proposed to prove by that re berdell rerdell ell undoubtedly lied f 1 ahe I he court did not see how the oner offe would fulfill the proposition if dell eaid said he saw money paid the evidence offered might ba be used to con tralice ct him tho 11 1 1 1 to th a allow wi him t tl 1 answer rh g r t the I 1 I 1 question q ue 1 but judge wylle bade bad elihn him remain silent until the question had bad beeh been passed on ingersoll in explanation of the offer asserted the pencil memorandum in was not genuine but in whole or part made by berdell rerdell berdell rerdell Re rdell rdell it was a part of or the defense to show allow amdy asS assaliah aa amith alith never received ived one cent I 1 that turner as jonea jones never received a cent suppose it should turn out that not a solitary cent had been paid crady brady or turner lie eliou tl thought iou ht it would establish the fact that the tile pencil memorandum was not genuine tie or that moaning meaning that upon it absolute perjury it would establish the fact that 11 terdell maliciously and falsely put a wrong meaning on the entries the question w sa whether he did not write the memorandum himself for the purpose of purchasing his own liberty from yie I C government wanted 1 t to go further and prove by others of whom allom izerdell said received money that it was false blus characterized the offer oner as 19 a side issue not calculated to olow whether rerdell berdell told the truth but whether dorsey told tho tile truth the court ourt reviewed testimony upon tho point in question which had to been len given against per deil then a defendant would tho evi dence of the witness that lie re received no money prove e the falsity of mac veaslie Ve aslia testimony ingersoll ersoll said it it would prove tile falsity of ells statement but the tile court did not concede tilts it would 11 not it prove thai that berdel carried put dorseys Doree ys direct directions luns in ill making entry if the wit witnesses statements v wc cro true then have bavo I 1 luxl had aloer koblect ivinson s ild hie the prosecution lia had afi of evid evidence enco to chov an improper use of money by dorsey and it was but fair that they should have an all 0 opportunity port unity todis to lis provo this the Z defense defenso 1 should not becom bo compelled pel lod fo meet the tile w hole case at ance they should bo be allowed to disprove dia prove one point t after another where jno I an 3 chell 11 biad ad been charged with receiving 11 loffy they wild show it was tin untrue true WI 1 cro turner stood charged he might d disprove it and so 01 ol 01 one step at we time angere ingersoll boll inquired if the court w would ouid allow dorsey to swear that lio ne never vcr made money and ner never er paid money to turner the court answered certainly ingersoll said he lie could astren strengthen then I 1 dorsena Dor ors seya evs testimony if turner would aw swear eaphe he never got money it made T no 0 difference which end of the inquiry they began at davidge remarked dorb ev was under rider no compulsion to go 90 upon the tile sta stand d the court mi daiil to it might load lead to an evasion of the rule of luw jaw requiring tile gist of evidence ingersoll you mean ean the looks hooks file court yes 1 1 alavo said again and again eliat the bloks spoken k of by d dell 1 my client never saw hobill ho will so 60 swear the broka 11 Re terdell rdell said he lie got from frota new I 1 york 0 L I 1 will prove provo my client never nevet ar even I 1 heard of theo books before the lff those cases he lie inny ingv havo kept wine I 1 an private rate accounts and bloks the court 1 I I 1 mean nean stub b bool s ingersoll Ine Triz ersoll they rhey biad nothing to do 0 with the tile too entry jones when it comes conics to that I 1 will prove ve alere no such inch 8 stub ab bobov books and if allowed I 1 will prove there were no checks ever existed su such ch as described by derdell rerdell Re rdell T tho hc court said it could hot admit I 1 secondary evidence A pledge show hereafter lier cafter was ijo no primary evidence ingersoll inquired how they could proceed otherwise when the books did not exist r the court said it had never been regularly shown ingersoll Ins ersoll express expressed qed his abiding confidence in liis ilia ability io 40 show allow the falsely of ner dells ells evidence merrick contested ho the position taken by ingersoll he ile faida said lie sedulously I 1 endeavored as a professional gentleman to restrain wit from b br ingine I 1 iu n tho the i names iam es a i ons and when that had bee e he endeavored to hare nil all such sue mention excluded ho ile asked naked why the defense did not put brady on the stand to swear that lie did not get the money erill he 11 f 0 ved brady t to 0 be id with wi th smith but ex refrained from proving to be 60 jones carpenter and wilson were on oil et at this point darn carn a kl the court to arkeat merricks remarks finally securing the attention of the court carpenter carpentet bitterly stigmatized merricks erricks 31 sentiments regarding defendant tal taking the stand ag as unprofessional and illegal il ial ea tho the court did not eee see wherein it was illegal it was cral to appeal appear that the defendant bad not aone one oil the stand and that could not be un til the close of tho ho case wilson entered a formal objection and charged merrick willi will I 1 ulterior motives n making the re remarks in arks merrick denied any such tuo motives tives acknowledged that in the first trial lie had done what h he e could to force them bat but there was alow nu no necessity he ile proceeded to ex explain laan bia his remarks but tho the court saw aa it could not allow him to engrave ta alie e impression created by tho the previous remarks deeper in bia his explanation eap exp aa nation merrick replied he lie would atop immediately the Court reserved its ita daemon until after p m tho thos J brady OX ex AB aa postmaster geriel al la is now on the stand testifying in the star route case nil his testimony thus far has baen confined to a general denial of the story of witness walsh which bra brady d 7 save says is false from beginning to end in short a lie made out of whole doth cloth 0 |