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SUPREME COURT OF THE DISTRICT OF COLUMBIA,

ANDREW WYLIE, Justice.

PROCEEDINGS IN THE TRIAL OF THE CASE

OF

THE UNITED STATES

VS.

JOHN W. DORSEY, JOHN R. MINER, JOHN M. PECK,
STEPHEN W. DORSEY, HARVEY M. VAILE,
MONTFORT C. RERDELL, THOMAS J.
BRADY, AND WILLIAM H. TURNER.

FOR CONSPIRACY.

VOL. III.

WASHINGTON:

GOVERNMENT PRINTING OFFICE.

1882.

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very happy to hear him. I do not rise now for the purpose of making any argument, but for the purpose of making this suggestion: if the Attorney-General desires to be heard in this case, and desires to be heard in this case at the close, and, as Mr. Merrick says, is entirely competent, from his familiarity with the case, let him close the argument. Mr. INGERSOLL. More competent than the rest.

Mr. HENKLE. So that there is no reason why he should simply appear as ornamental, and I suggest that brother Merrick be allowed to make his speech intermediate between counsel for defense, and a reply or two made to him, and then that the Attorney-General close the case if he desire it.

Mr. MERRICK. Do you want to answer me?

Mr. HENKLE. I would be very happy to answer you. I know I should be unable to do it justice, but I am willing to undertake it. This is a matter entirely within the control of the court, as I understand it, and where there are numerous counsel the court frequently exercises its discretion in arranging, so that the plaintiff shall open, and then have an intermediate address and the close.

Mr. BLISS. I do not suppose it is in the power of the court to say what counsel for the Government shall close.

Mr. HENKLE. Nobody asked that.

Mr. BLISS. The proposition made just now

The COURT. [Interposing.] This is a little family conversation. The court is anxious to consult the convenience of the counsel as much as possible, and this is more a consultation than a discussion. We will take a recess now until 1 o'clock.

At this point (12 o'clock and 13 minutes p. m.) the court took a recess until 1 o'clock.

AFTER RECESS.

The COURT. I think, on account of the storm, we will adjourn the court until to-morrow morning. In the mean time counsel will see if anything more satisfactory can be arranged in regard to the argument of the case. The storm coming on will interrupt counsel in addressing the jury, and, besides that, I believe, there is a little more time wanted for looking up papers.

Whereupon (at 1 o'clock and 15 minutes p. m.) the court adjourned until to-morrow morning at 10 o'clock.

WEDNESDAY, AUGUST 9, 1882.

The court met at 10 o'clock a. m.

Present, counsel for the Government and for the defendants.

The COURT. Have you agreed upon the order of your addresses to the jury?

Mr. WILSON. We have agreed, your honor.

Mr. MERRICK. Mr. Ker will open for the prosecution.

The COURT. Let me understand before we start how it is to be.

Mr. WILSON. It is arranged that Mr. Ker will open for the prosecuNo. 14336172*

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