CONTENTS OF VOLUME X.
[ADDRESS TO THE JURY IN THE MUNN TRIAL.]
ADDRESS TO THE JURY IN THE MUNN TRIAL.
Demoralization caused by Alcohol—Note from the Chicago
Times—Prejudice—Review of the Testimony of Jacob Rehm—Perjury
Characterized—The Defendant and the Offence Charged (p. 21)—Testimony
of Golsen Reviewed—Rehm's Testimony before the Grand Jury—Good
Character (p. 29)—Suspicion not Evidence.[CLOSING ADDRESS TO THE JURY IN THE FIRST STAR ROUTE TRIAL.]
CLOSING ADDRESS TO THE JURY IN THE FIRST STAR ROUTE TRIAL.
Note from the Washington Capital—The Assertion Denied that we are
a Demoralized Country and that our Country is Distinguished among
the Nations only for Corruption—Duties of Jurors and Duties of
Lawyers—Section under which the Indictment is Found—Cases cited to
Show that Overt Acts charged and also the Crime itself must be Proved
as Described—Routes upon which Indictments are Based and Overt Acts
Charged (pp. 54-76)—Routes on which the Making of False Claims is
Alleged—Authorities on Proofs of Conspiracy (pp. 91-94)—Examination
of the Evidence against Stephen W. and John W. Dorsey (pp. 96-117)—The
Corpus Delicti in a Case of Conspiracy and the Acts Necessary to be Done
in Order to Establish Conspiracy (pp. 120-123)—Testimony of Walsh
and the Confession of Rerdell—Extravagance in Mail Carrying (p.
128)—Productiveness of Mail Routes (p. 131)—Hypothesis of Guilt and
Law of Evidence—Dangerous Influence of Suspicion—Terrorizing the
Jury—The Woman at Her Husband's Side.[OPENING ADDRESS TO THE JURY IN THE SECOND STAR ROUTE TRIAL.]
OPENING ADDRESS TO THE JURY IN THE SECOND STAR ROUTE TRIAL.
Juries the Bulwark of Civil Liberty—Suspicion Not Evidence—Brief
Statement of the Case—John M. Peck, John W. Dorsey, Stephen W. Dorsey,
John R. Miner, Mr. (A. E. ) Boone (p.p. 150-156)—The Clendenning
Bonds—Miner's, Peck's, and Dorsey's Bids—Why they Bid on Cheap
Routes—Number of Routes upon which there are Indictments—The
Arrangement between Stephen W. Dorsey and John R. Miner—Appearance
of Mr. Vaile in the Contracts—Partnership Formed—The Routes
Divided—Senator Dorsey's Course after Getting the Routes—His Routes
turned over to James W. Bosler—Profits of the Business (p. 181)—The
Petitions for More Mails—Productive and Unproductive Post-offices—Men
who Add to the Wealth of the World—Where the Idea of the Productiveness
of Post routes was Hatched—Cost of Letters to Recipients in 1843—The
Overland Mail (p. 190)—Loss in Distributing the Mail in the District
of Columbia and Other Territories—Post-office the only Evidence
of National Beneficence—Profit and Loss of Mail Carrying—Orders
Antedated, and Why—Routes Increased and Expedited—Additional Bonds for
Additional Trips—The Charge that Pay was Received when the Mail was
not Carried—Fining on Shares—Subcontracts for Less than the Original
Contracts—Pay on Discontinued Routes—Alleged False Affidavits—Right
of Petition—Reviewing the Ground.
CLOSING ADDRESS TO THE JURY IN THE SECOND STAR ROUTE TRIAL.
Scheme of the Indictment—Story of the Case—What Constitutes Fraudulent
Bidding—How a Conspiracy Must be Proved—The Hypothesis of Guilt and
Law of Evidence—Conversation Unsatisfactory Evidence—Fallibility of
Memory—Proposition to Produce Mr. Dorsey's Books—Interruption of the
Court to Decide that Primary Evidence, having Once been Refused, can not
afterwards be Introduced to Contradict Secondary Evidence—A Defendant
may not be Presumed into the Penitentiary—A Decision by Justice
Field—The Right of Petition—Was there a Conspiracy?—Dorsey's
Benevolence (p. 250)—The Chico Springs Letter—Evidence of Moore
Reviewed—Mr. Ker's Defective Memory—The Informer System—Testimony
of Rerdell Reviewed—His Letter to Dorsey (p. 304)—The Affidavit of
Rerdell and Dorsey—Petitions for Faster Time—Uncertainty Regarding
Handwriting—Government Should be Incapable of Deceit—Rerdell's
withdrawal of the Plea of Not Guilty (p. 362)—Informers, their Immunity
and Evidence—Nailing Down the Lid of Rerdell's Coffin—Mistakes of
Messrs. Ker and Merrick and the Court—Letter of H. M. Vaile to the
Sixth Auditor—Miner's Letter to Carey—Miner, Peck & Co. to Frank A.
Tuttle—Answering Points Raised by Mr. Bliss (396 et seq.)—Evidence
regarding the Payment of Money by Dorsey to Brady—A. E. Boone's
Testimony Reviewed—Secrecy of Contractors Regarding the Amount of their
Bids—Boone's Partnership Agreement with Dorsey—Explanation of Bids
in Different Names—Omission of Instructions from Proposals (p.
450)—Accusation that Senator Mitchell was the Paid Agent of
the Defendants—Alleged Sneers at Things held Sacred—What is a
Conspiracy?—The Theory that there was a Conspiracy—Dorsey's Alleged
Interest—The Two Affidavits in Evidence—Inquiry of General Miles—Why
the Defendant's Books were not Produced—Tames W. Bosler's Testimony
Read (p. 500)—The Court shown to be Mistaken Regarding a Decision
Previously Made (pp. 496-502)—No Logic in Abuse—Charges against John
W. Miner—Testimony of A. W. Moore Reviewed-The Verdict Predicted—The
Defendants in the Case—What is left for the Jury to Say—Remarks of
Messrs. Henkle and Davidge—The Verdict.[ADDRESS TO THE JURY IN THE DAVIS WILL CASE.]
ADDRESS TO THE JURY IN THE DAVIS WILL CASE.
Note from the Anaconda Standard—Senator Sander's Warning to the Jury
Not to be Enticed by Sinners—Evidence, based on Quality of Handwriting,
that Davis did not Write the Will—Evidence of the Spelling—Assertion
that the Will was Forged—Peculiarities of Eddy's Handwriting—Holes
in Sconce's Signature and Reputation—His Memory—Business Sagacity
of Davis—His Alleged Children—Date of his Death—Testimony of Mr.
Knight—Ink used in Writing the Will—Expert Evidence—Speechlessness
of John A. Davis—Eddy's Failure to take the Stand—Testimony of
Carruthers—Relatives of Sconce—Mary Ann Davis's Connections—The
Family Tree—The Signature of the Will—What the Evidence Shows—Duty
and Opportunity of the Jury.[ARGUMENT BEFORE THE VICE-CHANCELLOR IN THE RUSSELL CASE.]
Antenuptial Waiving of Dower by Women—A Case from Illinois—At What
Age Men and Women Cease to Feel the Tender Flame—Russell's Bargain with
Mrs. Russell—Antenuptial Contract and Parole Agreement—Definition
of "Liberal Provision "—The Woman not Bound by a Contract Made in
Ignorance of the Facts—Contract Destroyed by Deception.