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.
ADDRESS TO THE JURY IN THE MUNN TRIAL.
* The United States vs. Daniel W. Munn, Deputy Supervisor of
Internal Revenue, who was indicted under Section 5440 of the
Revised Statutes of the United States.
There was an unusual rush to obtain admission to the United
States District Courtroom yesterday to listen to the closing
arguments of counsel in the Munn whiskey conspiracy trial
which has attracted so much attention during the past ten
days. The stalwart deputy who guards the entrance to this
judicial precinct was compelled to employ his entire
strength and power of persuasion to keep the eager, anxious
crowd from trespassing on the convenience and dignity of the
court. About ten o'clock the Court took the bench, and Col.
Ingersoll walked into the room, took off a broad-brimmed
felt hat, which gives the barrister, while he has it on,
somewhat the appearance of a full-grown, well-developed
Quaker in good standing in the society to which he belongs.
When he has the hat removed, however, the counsellor's
appearance undergoes a marked change. He then looks like the
crop-haired follower of the house of Montague in the
Shakespearean play. He sat down on a crazy old chair which
threatened every moment to break down beneath his weight,
and listened to the remarks of Judge Doolittle for the
remainder of the morning, until it came his time to talk.
Colonel Ingersoll never troubles himself to take notes of
anything. What he cannot recollect he does not have any use
for.
Judge Doolittle occupied the morning session until the time
for adjournment at one o'clock, with a review of the case on
the side of the defence. He was followed by Mr. Ingersoll in
the afternoon.
At two o' clock the court-room was more crowded than before,
and at that hour Mr. Ingersoll appeared in the forum and
delivered his speech in behalf of the defendant.—The Times,
Chicago, Ills., May 23, 1876.
IF the Court please and the gentlemen of the jury: Out of an abundance of caution and, as it were, an extravagance of prudence, I propose to make a few remarks to you in this case. The evidence has been gone over by my associates, and arguments have been submitted to you which, in my judgment, are perfectly convincing as far as the innocence of this defendant is concerned. I am aware, however, that there is a prejudice against a case of this character. I am aware that there is a prejudice against any man engaged in the manufacture of alcohol. I know there is a prejudice against a case of this kind; and there is a very good reason for it. I believe to a certain degree with the district attorney in this case, who has said that every man who makes whiskey is demoralized. I believe, gentlemen, to a certain degree, it demoralizes those who make it, those who sell it, and those who drink it. I believe from the time it issues from the coiled and poisonous worm of the distillery, until it empties into the hell of crime, dishonor, and death, that it demoralizes everybody that touches it. I do not believe anybody can contemplate the subject without becoming prejudiced against this liquid crime. All we have to do, gentlemen, is to think of the wrecks upon either bank of the stream of death—of the suicides, of the insanity, of the poverty, of the ignorance, of the distress, of the little children tugging at the faded dresses of weeping and despairing wives, asking for bread; of the men of genius it has wrecked; the millions struggling with imaginary serpents produced by this devilish thing. And when you think of the jails, of the almshouses, of the asylums, of the prisons, of the scaffolds upon either bank—I do not wonder that every thoughtful man is prejudiced against the damned stuff called alcohol. And I know that we, to a certain degree, have to fight that prejudice in this case; and so I say, for this reason among others, I deem it proper that I should submit to you, gentlemen, the ideas that occur to my mind upon this subject.
It may be proper for me to say here that I thank you, one and all, for the patience you have shown during this trial. You have patiently heard this testimony; you have patiently given your attention, I believe, to every word that has fallen from the lips of these witnesses, and for one I am grateful to you for it.