66 page printout, page 62 - 127 Reproducible Electronic Publishing can defeat censorship.
66 page printout, page 62 - 127
Reproducible Electronic Publishing can defeat censorship.
THE CLOSING ADDRESS OF THE STAR ROUTE TRIAL
(2 of 3 parts)
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This file, its printout, or copies of either
are to be copied and given away, but NOT sold.
Bank of Wisdom, Box 926, Louisville, KY 40201
The Works of ROBERT G. INGERSOLL
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PART 2 OF THE CLOSING ADDRESS
OF THE STAR ROUTE TRIAL
Mr. Gibbs is the man who had such control of hiS mind, and he
tells you that the name of J.H. Mitchell was not in the book.
Mr. Donnelly says he does not remember any such name as J.H.
Mitchell, and yet he holds an office. He has the poorest memory for
any one under the present Administration, I ever saw. He does not
remember the name of J.H. Mitchell. Who does remember it? Mr.
Rerdell. But Mr. Rerdell does not say what he had charged to J.H.
Mitchell; he does not say what was in the book as against J.H.
Mitchell; he fights clear of that charge. And why? He was afraid
that John H. Mitchell might testify. According, I think, to Mr.
Rerdell, there was a charge against Belford on those books. I do
not know why Belford's name did not appear on the memorandum, but
I will come to Belford afterwards.
Mr. BLISS, Mr. Ingersoll, Mr. Donnelly does not mention in any
way and is not asked on the subject of Mr. Mitchell.
Mr. INGERSOLL. I think he is, I will find it after awhile if
I can, and if I cannot I will admit that you are right. I do not
know where it is. I do not wish to be interrupted.
Mr. BLISS. I claim the right.
Mr. INGERSOLL, Well, go on; the poor man only had seven days
in which to make his speech.
Mr. BLISS. I have before me Mr. Donnelly's evidence, and he
does not mention the name of Mitchell in any manner, and is not
asked about it, so far as I can see. I think when the statement is
persisted in there should be some reference given to the page.
Mr. INGERSOLL. It is on page 2637.
Mr. DAVIDGE. And at page 2639, about two inches from the top.
Mr. INGERSOLL. -- It is sufficient for my purpose, which is
this: That he gave the names of all the accounts he could remember,
and in that list of names he did not give the name of J.H.
Mitchell. So I think I can fairly say to you that that man did not
remember any account against J.H. Mitchell. Mr. Gibbs was asked
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directly whether there was any account against J.H. Mitchell, and
he did not remember any such. Now, the only person that swears to
it at all is Mr. Rerdell. Then you come across this contradiction:
Why should the name of J.H. Mitchell be there with nothing opposite
to it? I do not know. The prosecution, of course, will be able to
find writing of S.W. Dorsey that will resemble some of the writing
on this pencil memorandum. There is no doubt about that If it was
written by Rerdell in imitation of Dorsey's writing, it is not
surprising that writing really written by Dorsey can be found that
looks like it. Why? Because it was written in imitation of his
writing, and therefore you can find writing of Dorsey's that looks
like it; otherwise it would not be an imitation. The next question
arises, Can you find writing of Rerdell's that looks like it? Yes;
87X. The M.C.R., the S.W.D., and the J.W.D. are all exactly like
it. Now, is it not infinitely surprising that Dorsey should imitate
Rardell without trying and without an object? Is it not perfectly
wonderful that this memorandum should be in imitation of Rerdell's
writing, when it was written by Dorsey? But if it was forged by
Rerdell, it is not wonderful that it looks like Dorsey's writing.
If Dorsey wrote it without thinking of Rerdell, I say the accident
is infinitely wonderful that he imitated Rerdell. Which is the more
probable -- that Dorsey imitated Rerdell without design and without
trying, or that Rerdell imitated Dorsey with a design, and when
trying to do so? That is the way to put this argument, and I hope
the gentlemen will answer it. The ingenuity that would be displayed
in the answer would a thousand times pay me for the loss of the
point. I want them to account for this, how Dorsey's natural
handwriting comes to look like Rerdell's, and how it is that this
looks precisely like Rerdell's in many instances. Why is it,
gentlemen? I will tell you. Mr. Rerdell had written the initials
J.W.D., S.W.D., and M.C.R. so often that when he came to put them
upon this memorandum he forgot to disguise his hand. That is the
reason. You find on 87X the W.D. precisely as it is on the pencil
memorandum. You find the M.C.R. precisely as it is on the pencil
memorandum. You see if you have done the same thing many times with
your hand, the hand gets a mind of its own. It is in that way that
you learn to play upon the piano. The hand becomes educated and
follows the keys through all the mazes of melody without asking one
question of the mind. You can write a name so often, you can make
initials so often, that when you come to write them, no matter what
your object is, the hand, educated with a mind of its own, pursues
the old accustomed motions and paths. That is the reason that
J.W.D. and S.W.D. and M.C.R. are exactly in the handwriting of
Rerdell in this pencil memorandum. According to that, Dorsey had
paid out in all, I think, about $65,000, or something like that.
There is no truth in it, gentlemen,
Now, in order to prepare your mind for the next point I am
going to make, and in order that you may know something about. this
man Rerdell, I will give you some further information about him. I
do not think you are sufficiently acquainted with his character,
and any little points that I have I want to give to you. I want to
paint his portrait in every lineament, every mark. I want to give
you every hair in his head. Remember that this witness is to be
corroborated. He is to be propped and indorsed. Everybody admits
that he is the pewter of perjury and has to be plated with the
silver of respectability gotten from somebody else. They all admit
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that. He is an empty bag. Somebody has to fill him up before he can
stand upright. They admit that. I want to call your attention to a
few things as to which he lacked corroboration.
On page 2215, Rerdell swears that Miner told him that the
amounts in the bids were filled in by S.W. Dorsey. On page 4177
Miner denies this, and says that he filled in the bids with only
two exceptions.
On page 2216 Rerdell swears that the mail matter for J.W.
Dorsey, Peck, and Miner was handed him by S.W. Dorsey, and that
Dorsey said that he was going to take the business out of Boone's
hands. On page 3766, Dorsey swears that he had no such conversation
with Rerdell.
On page 2217, Rerdell swears that S.W. Dorsey applied to him
to go West. On page 3768 Dorsey swears that he did not employ him
to go West.
On page 2218, Rerdell swears that he received instructions
from S.W. Dorsey as to what to do on the Bismarck route. On page
3769, S.W. Dorsey swears that that is utterly untrue.
On page 2219, Rerdell says that he was instructed to establish
a paper post-office sixty miles north of the route. What was that
for? According to his testimony there was a mistake in the
advertisement, and the route was too long, and this was a device to
shorten it by adding sixty miles to it to make a post-office thirty
miles off the route, or sixty altogether, so as to get pay for the
increase of distance. If it was to be a fraud, why put the post-
office off the route? Why not have it on the route? Where would the
fraud be if they traveled the sixty miles except in having a
postoffice where none was needed? They certainly would make nothing
from the Government by traveling the sixty miles. If they traveled
the sixty miles they would be paid for that sixty miles, but if
they wanted pay for the sixty miles without traveling that sixty
miles, they would not have put the post-office so far off the
route. They would have put it on the route, or very near to it, and
pretended that it was off the route.
Gentlemen, it is infinitely absurd to suppose that Stephen W.
Dorsey would have instructed that man to go out in that country and
get up a false post-office. How long would a fraud like that last
and live? How long could the money be drawn for that service in
that country? They say no human being lived there. Who was to be
postmaster? Who was to make the reports? How long, in your
judgment, would it be before the department would find out that
there was no such post-office, no postmaster, and no mail? No one
could think of a more shallow device than that. Stephen W. Dorsey,
a man who is blest with as much brain as any man it is my pleasure
to know, would never dream of such an idiotic device. And yet, that
is the testimony of Mr. Rerdell.
It may be that Mr. Rerdell when he got out there thought he
could start a town and make money in some other way. But it will
not do to say that Stephen W. Dorsey told him to get up a false and
fraudulent post-office when Mr. Dorsey must have known that the
mail could not have been carried to it but a few days before it
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would have become known that there was no such office. They would
have to appoint a postmaster and he would have to live there in his
loneliness a hermit of the plain, and would have to make a report
like that from Agate that gave such delight to Mr. Bliss to read.
There was not a letter sent to that place; not one, nor would there
be. Mr. Dorsey knew if there was a postmaster appointed he would
have to report, and in three months from that time he would have to
report, first, that there was no post-office; second, that there
had never been any mail; and third, that he did not expect any. You
see it is utterly absurd to lay such a charge at the door of
Stephen W. Dorsey.
On page 3769 Dorsey swears that the statement is a falsehood
-- that he never did any such thing. He also denies it on page
3924.
On page 2220 Rerdell swears that he gave Pennell a petition
for a post-office. On page 2156 Joseph Pennell swears that he never
saw the petition; and on page 2171 that he never signed it, and
that none was sent.
On page 2221 Rerdell swears that he was instructed by S.W.
Dorsey to build stations fifteen or sixteen miles apart, and use
every third station. On page 3769 S.W. Dorsey swears that no such
instructions were given. On page 4092 J.W. Dorsey swears that they
started to build the stations about thirty miles apart, and that
after he saw General Miles and was told by that officer that there
would be, and must be a daily mail, then he concluded to build
stations between the stations that he had built going over.
That is a sensible, straight story. When he went out they built the
stations some thirty-odd miles apart, and when he talked with
General Miles, General Miles told him that there must be a daily
service, and then he determined to build intermediate stations as
he went back. What was that testimony sworn to by Rerdell for? To
make you believe, gentlemen, that Stephen W. Dorsey when he sent
Rerdell out knew that there was to be expedition, and knew because
he was in conspiracy with the Second Assistant Postmaster-General.
The testimony of John W. Dorsey lets light in upon that story. The
sun rises, and the mist goes. What is his story? "I went there and
built the stations about thirty miles apart, and when I talked With
General Miles he assured me that there must be expedition and a
daily mail, and then I built stations at the intermediate points as
we went back." That is the story. It is consistent with itself.
Is it not wonderful that the Government did not also prove by
Pennell that Rerdell gave him instructions to build the ranches,
and told him that he had been so instructed by S.W. Dorsey?
On page 2233 Rerdell swears that Miner told him that Vaile was
close to Brady. On page 4177, Miner swears that it is not true;
that he never had any such conversation. Why did they want a man
close to Brady? As I explained to you before, gentlemen, they had
already, according to their testimony, as they claim, proved that
Miner had conspired with Brady, and yet he was going around trying
to find a man close to Brady. Being a co-conspirator was not close
enough. So Mr. Rerdell is corroborated there again by Mr. Miner who
swears that what Rerdell swears is a lie.
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PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL
On page 2224 Rerdell swears that in November, 1878, Miner
asked him to write certain words in a line on petition 40104. On
page 4178, Miner swears that he never asked him to interline any
petition.
On page 2225 Rerdell swears he had a conversation with Vaile
and Miner on the 20th of December, 1878, at the National Hotel,
about his employment, and that he had a great many conversations
there. On page 4020, Vaile swears that there never was any such
conversation. On page 4021, Vaile also swears that he has no
recollection of such a conversation then or at any time. On page
4178, Miner swears that the talk was between Rerdell and himself,
and that Vaile was not there.
On page 2225 Rerdell swears that Vaile told him that the mail
service they had ought to reach six hundred thousand or seven
hundred thousand dollars. On page 4021, Vaile swears that he does
not think he ever said any such thing -- does not think it was
possible that he ever said any such thing. On page 4179 Miner
swears that Vaile never made any such statement in his presence.
On page 2226 Rerdell swears that at the instance of Vaile and
Miner and he went West, January 4, 1879, to put service on the
Rawlins route. On 4022 Vaile swears that Rerdell did not go West at
his instance; that Miner gave him, Rerdell, a subcontract for the
entire pay, for the whole term, and that Rerdell undertook it on
his own behalf. On 4179 Miner swears that he made the arrangements
with Rerdell himself.
On page 2227 Rerdell says that Vaile and Miner both told him
that the service would be increased right away, and to make
subcontracts with that in view. On page 4180 Miner swears that he
gave him no such directions, and that Rerdell did all he did on his
own responsibility, and that Vaile did not give him any such
authority. It is for you to say, gentlemen, which of these men you
will believe.
On page 2228 Rerdell swears that in March, 1879, he had a
conversation with Vaile about an affidavit, and received
instructions from Vaile or Miner. On page 4024 Vaile swears that he
recollects no such conversation and does not think he ever had it.
On page 2228 Rerdell swears that Vaile said in the presence of
Miner that he could get Brady to accept an affidavit from a
subcontractor. On page 4024 Vaile swears that he is very sure that
he did not say so, and that he never asked Brady any such question.
On page 4182 Miner swears that he never made any such statement in
Vaile's presence.
On page 2228 Rerdell swears that a day or two after Vaile says
he had seen Brady, and that Brady had agreed to accept an affidavit
from a subcontractor. On page 4024 Vaile denies this.
On the same page, 2228, Rerdell swears that he was instructed
by Vaile and Miner to write to Perkins and get him to send his
affidavit. On page 4024 Vaile swears, "Never!" -- that he did not
know Perkins was a subcontractor. On page 4182 Miner swears that he
has no recollection of it, and that he never instructed Rerdell to
send any form of affidavit to Mr. Perkins.
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On page 2230 Rerdell swears that Miner wrote a form of
affidavit. On page 4182 Miner swears that he has no recollection of
it, and that he never instructed Rerdell to send any form to
Perkins. As a matter of fact the Perkins affidavit is in the
handwriting of Rerdell. Yet he tells you that Miner wrote the form.
It will not do.
On page 2231 Rerdell swears that he filled in blanks under the
direction of S.W. Dorsey -- that is, of the Perkins affidavit --
and filed it under the direction of S.W. Dorsey. On page 3793
Dorsey swears that he never knew there was such an affidavit, and
that he never gave such instructions; and more than that, that he
never at any time or place gave Rerdell authority to change any
affidavit or any petition that was to be filed.
On page 2233 Rerdell swears he was instructed to make the
subcontract without any reference to expedition, and that he,
Dorsey, would guarantee the payments if they were not filed. On
page 3771 S.W. Dorsey swears that he gave him no such instructions.
On page 2234 Rerdell swears that affidavits of Peck and Dorsey
were acknowledged in blank. On page 4189 Miner swears that so far
as he remembers they were filled in before they were signed.
Again, it may be proper for me to say here: Why did not the
Government call J.S. Taylor, the notary of New Mexico, to prove
that the affidavits were in blank when they were sworn to by John
M. Peck? Why did they not? The law presumes that every officer has
done his duty, and when we find at the foot of an affidavit the
certificate of a notary public the law presumes that the paper
above it was in the precise condition at the time the certificate
was placed there in which it is then. That is the presumption of
law, and there is only one way to overcome that presumption. You
must prove to the contrary. One of the easiest ways on earth to do
that is to bring the officer. They did not bring J.S. Taylor here
from New Mexico, the man before whom Peck acknowledged the
affidavit in this case. It would have been easy to have him come,
and to have asked him whether Peck did not swear to all these
affidavits in blank. They did not call him. They had him here once
and that was enough. They did not call him this time. They did not
call Rufus Wainwright, of Middlebury, Vermont. He is the officer
before whom John W. Dorsey swore to these affidavits. The gentlemen
of the prosecution say the affidavits were in blank, and yet they
dare not put upon the stand the notary before whom they were sworn
to. It was not because they did not think of it. It was not because
they had not the money, The Government had money by the million and
agents by the thousand. You recollect how they tried to prove the
destruction of those dispatches in the Western Union office. You
recollect how they brought here, the superintendent, how they
brought here agent after agent, how they brought here the man that
went around and collected the dispatches, and the man that drove
the wagon, and the man that owned the wagon, and the boys that
received the dispatches on the street, and the man in the cellar
that received them after they got there, and the man that bought
them, and the book-keeper that made out the check to pay for them.
They brought the man that receipted for them at the railroad, and
they followed them from the railroad to Holyoke, Massachusetts, and
brought the superintendent of the factory and the books of the
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railroad to show they had arrived. They followed those dispatches
from paper to pulp and yet it never occurred to them to send to
Middlebury and get Rufus Wainwright. They never thought to have
J.S. Taylor subpoenaed from New Mexico. They had all the
conveniences of modern civilization at their command and yet they
never thought of getting Wainwright or Taylor.
On page 3771 S.W. Dorsey swears that he never instructed
Rerdell to get any affidavits in blank. On pages 4126, and 4107,
J.W. Dorsey swears that he made none in blank; that he has no
recollection of any such thing. On page 2240, Rerdell swears that
he had a conversation with S.W. Dorsey about getting blank
affidavits. On Page 3771 S.W. Dorsey denies it. On page 2241
Rerdell swears that S.W. Dorsey instructed him to make up the
affidavit on route 41119 and gave him the per cent. of the increase
of pay. What does he say there? From one hundred and fifty to two
hundred per cent,
Mr. MERRICK. That was afterwards corrected.
Mr. INGERSOLL. I thank you for the suggestion. That happened
on Friday. We adjourned until the next Monday morning. He came in
the next Monday morning, and he said that he had made a mistake,
and that it ought to be from one hundred and fifty to two hundred
and fifty per cent. I immediately went and got the affidavits on
the Toquerville route, because I said the percentage must be over
two hundred per cent. in that affidavit or he would not have
changed. I found in the affidavit that it was two hundred and
fifty-five per cent., and I found that was why he changed. I
followed that out, and I found that was the same route upon which
Mr. Rerdell stole nearly five thousand dollars, according to the
testimony of S.W. Dorsey, and, Rerdell did not deny it. So much for
Toquerville and Adairville. We will come to it again perhaps.
Let me give the pages where all these matters are found. On
page 3772 Dorsey denies the conversation about the affidavits, and
also on page 3773. Rerdell's, change of his evidence will be found
on page 2277.
On page 2243 Rerdell swears that while he was in jail S.W.
Dorsey had a key to what he called his, Rerdell's, office. On page
3735 S.W. Dorsey swears that he never had a key to Rerdell's
office, and that he never was in the office but twice, both times
with Rerdell, and that he never took a paper out of the office
except what Rerdell gave him. It will also be remembered that when
Rerdell was asked in his examination-in-chief whether anybody had
a key to his office he replied that S.W. Dorsey had a key to his
office. He did not at that time state that his wife had a key. Why?
Because he wanted it understood that S.W. Dorsey was the only
person that had a key, and that S.W. Dorsey, while Rerdell was in
jail, went to that office and opened it and robbed it. On cross-
examination I made him swear that his wife had a key, and we
afterwards found that his wife went there. He knew she had a key.
Still, in his cross-examination, when asked who had a key, he said
S.W. Dorsey. What was that for, gentlemen? So that you would infer
that S.W. Dorsey was the only person who had a key, and that he
went there and robbed that office, as I said before. On pages 2634
and 2635 Mrs. Cushman swears that she went to Rerdell's office with
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Mrs. Rerdell. When? About six o'clock in the morning. And that they
found the office open? No. They found the office locked, but found
papers in a confused condition, and took away some papers. They
were there about fifteen minutes. Recollect this was the third
morning that Rerdell was in jail. Rerdell went to jail Monday
evening. That made the visit of Mrs. Cushman and Mrs. Rerdell on
Thursday morning, and they went there at six o'clock. Keep that in
mind. Rerdell got out of jail on Friday. George A. Calvert, the
janitor, visited every room frequently. His testimony is on page
2672. He swears he found the door of Rerdell's room unlocked. When?
The day before Rerdell got out of jail. What time of day? In the
morning. What morning was that? Thursday morning. When did Rerdell
get out of jail? Friday morning. When did Mrs. Rerdell and Mrs.
Cushman visit the room? Thursday morning. What time in the morning?
Six o'clock. When did Calvert find the room open? That same
morning. The women swear that when they went there the room was
locked. Now the question arises, who opened it? The women, That is
all there is to that,
Mrs. Rerdell, on page 2635, swears she got the key on the
second day after Rerdell's incarceration, in the evening. That
would be Wednesday evening. She used it the next morning, Thursday.
On page 2247 Rerdell swears that on the 20th of December,
1878, Vaile promised him a good salary. On page 4021 Vaile swears
that he has no recollection of any such promise. That is what they
call corroboration. On page 2348 Rerdell swears that in May, 1879,
S.W. Dorsey said, "You know that John is a man of very little
judgment. He does not know how to talk to these contractors." On
page 3773 S.W. Dorsey swears that there never was any such
conversation.
On page 2249 Rerdell swears, "As secretary and manager, I kept
the books for a short time." On page 3636 W.F. Kellogg swears that
he, Kellogg had entire charge of Dorsey's books from the summer of
1872 to the fall of 1879, and that nobody else ever made a scratch
of a pen in those books. On page, 2270 Rerdell swears that Dorsey
and Bosler were having a settlement in New York and sent for the
books, and that he took the original books over and left them
there, and that he went over to New York in June, 1881, and saw
both books there and brought the journal over and left the ledger.
On page 3955 Dorsey swears that the first settlement he had with
Bosler was in December, 1879, or January, 1880. Rerdell swears that
the time he got the copy made of his journal by the Gibbses, was
between Christmas, 1879, and, 1880. Dorsey swears there was not
another settlement until November, 1882. The first settlement being
in 1879, and Rerdell swearing that he took the books over for a
settlement, shows that he did not have them here in Washington to
be copied at the time he says and at the time other people swear
that they copied them.
On page 3788 S.W. Dorsey swears that he never sent for any
transcript, and that he, Dorsey, referred to the route-book, and
that Rerdell never sent any such book or books as he claimed. On
page 2271 Rerdell swears that he gave copies of the journal to
Dorsey in June, 1881. That was the time that he made the affidavit.
His language by any natural interpretation means that he handed
those copies over to Dorsey at the time he made the affidavit on
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the 20th of June, 1881. On page 3988 Dorsey swears that he did not,
and on page 3785 he again swears that he never had them. On page
3784 he again swears that Rerdell never brought any book to him
except the route-book. On page 2271 Rerdell swears that Dorsey, on
the 13th of May, 1879, told him to make up a statement of the
routes showing the profits, and that he thinks he gave it to
Bosler. On page 3975 Dorsey swears that he never made up any such
statement by his direction, and that he never gave Rerdell such an
order. Why should he? According to Rerdell's own statement, in
which there is not a particle of truth, Dorsey, on the 13th of May,
1879, that very day, had written a letter to Bosler, in which he
told him about the profits, about how much it had cost him, and
about how much it would cost him, and about how much the profits
would be, and how much he paid to Brady. After writing such a
letter to Bosler, containing all the facts, why would he want
Rerdell to make up a statement that was already in the letter
itself? Nobody can answer. There is not genius enough in this world
to make the answer.
On page 2272 Rerdell swears that he saw 7B, which is a
petition, in 1879, and that there were three words in his own
handwriting that were not there when he first saw it, the three
words being "and faster time." He also swears that he was
instructed to put them in by S.W. Dorsey. I now say that Mr.
Rerdell never wrote those three words. on page 783 it appears that
7B was filed April 18, 1879. On page 3786 S.W. Dorsey swears that
Rerdell's statement is false. I will now turn to the testimony of
George Sears about the petition, 7B, which Mr. Rerdell swears
was altered by interlineation or the addition of three words, "and
faster time." The page is 829.
Here comes a witness of the Government, apparently a good and
honest man, and he swears that the words "and faster time" were in
that petition when he signed it. I will take his word for it. I
will take his guess as against the other man's oath.
On page 2273 Rerdell swears that he altered 11B and 12B by
instructions of S.W. Dorsey. Now, gentlemen, Stephen W. Dorsey got
such a momentum of crime on him and got running at such a rate that
he could not stop, and whenever a petition came in he had it
altered without reading it. It did not make a bit of difference
what the petition asked for. He just said to his clerk, "Look and
see if there is not any line you can add something to. I want
something put in it, and I want it put in now." Mr. Rerdell says he
did these things without any thought. He just made the changes as
he was told, without considering whether it was right or wrong. He
told you here on the stand that at one time he was requested to get
a petition, and he bad a lot of names on hand, and so he just wrote
a petition and stuck the names to it. He could not even remember
the route it was on. It was a matter of so little importance that
he did not charge his memory with it. He was told to get a petition
in the regular way, and instead of doing that he said he took some
names that he had and just wrote a petition and stuck the names on,
because that was easier; and it was a matter of so little
importance he really did not remember. He was like the gentleman in
Texas who was tried for murder, but did not remember the name of
the man he killed; he did not charge his mind with it.
Now for 11B:
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Hon. D.M. KEY, Postmaster-General:
We, the undersigned, citizen of the State of Colorado,
residing near and getting our mail at Muddy Creek post-office, on
route 38135, from Pueblo to Greenhom, respectfully represent --
I never noticed before that the "p" is interlined in the word
"represent." I have no doubt that was done by order of Dorsey --
that it is necessary that the service on said route should be
increased from two trips per week to six trips per week, and a
faster schedule. This section of the country is being rapidly
settled by people of intelligence, and we ask the increased service
for the benefit of us who have already made our homes here, and
also as an inducement to others to settle. We also request that the
schedule time be reduced so as to run from Pueblo to Greenhorn in
eight hours, so that citizens along the route may get their mail at
a seasonable hour.
I have read the petition as it was in the first place. The
Government tells you that after that petition came here, and after
it had been submitted to Stephen W. Dorsey, he told his clerk to
add in the first part of the words "on quicker time;" and yet if he
had read the last paragraph he would have seen quicker time was
there called for. Rerdell says Dorsey told him to insert the words
"on quicker time," and when I read this last paragraph to him he
was stuck. Then what did he say? When he got into that little
corner and was looking for a mouse-hole, he said he didn't read it
and didn't know it was there. Do you believe that a man like
Stephen W. Dorsey would deliberately have a petition changed, would
deliberately forge a petition, without knowing what was in it and
without knowing whether the necessity existed for changing it or
not? That falsehood has not even a fig-leaf to cover its absurdity.
Here is 12B. It would not have taken long to have read that.
Rerdell said Dorsey had him put in the words "and a faster
schedule." I will read the last paragraph to that:
We also respectfully request and urge that the running time be
reduced so as to run from Pueblo to Greenhorn in eight hours, so
that citizens along the line may get their mails in a seasonable
hour.
He says Stephen W. Dorsey, a man of sense, got that petition,
read it all over, and then told this fellow to put in "and a faster
schedule" when right in the next paragraph it asked for eight
hours. A man who will swear that way had rather tell a lie on
ninety days' credit than tell the truth for cash. Just look at it.
That is what they call a corroboration. The more you look at this
testimony the more absurdities you find. Every truth has an
infinite number of signs. Every truth has to fit an infinite number
of things. Infinite wisdom could not manufacture a falsehood that
would stand the test of investigation.
On page 2272 Rerdell says, speaking of the three petitions,
7B, 11B, and 12B, "We," meaning S.W. Dorsey and himself, "had
examined these petitions together, and he," meaning S.W. Dorsey,
"told me to put in the clause for expedition." NOW, 7B was filed
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April 18, That is the day he left for the West. 11 and 12B were
filed on the 8th of May. If they had them all at one time together,
and if he and Dorsey had talked about them, why were they not filed
at the same time? Why was one filed April 18th and the other two on
the 8th of May? That testimony of Rerdell's will not do.
On page 2279 Rerdell says that he found among Dorsey's papers
the tabular statement, about the middle of April, 1879. In the
first column was the number of the route; in the second the
termini; in the third the pay; in the fourth the anticipated pay by
percentages, and in the fifth the percentage to T.J.B., thirty-
three and one-third, with the figures carried out at the end of the
column. He tells you that he had that tabular statement when he
first went to MacVeagh. That tabular statement was in the
handwriting of S.W. Dorsey. Yet the Attorney-General was not
satisfied. He wanted that backed up by a book not in the
handwriting of S.W. Dorsey. That will not do. Rerdell also tells
you that at the time he went to the Attorney-General he not only
had that tabular statement, but he had a letter-press copy of the
original letter that Dorsey wrote to Bosler on the 13th day of May,
1879. He had that letter, the original of which was in Dorsey's
handwriting, in which he admitted he had paid Brady twenty thousand
dollars. He had the tabular statement in Dorsey's own handwriting
in which he was to pay thirty-three and one-third per cent. to
Brady. Yet the Attorney-General did not think there was sufficient
evidence, and said, You had better go to New York and steal a book
that Dorsey never wrote a word in. Oh no; that will not do.
On page 2280 Rerdell swears that he lost that memorandum. I
guess he did. On page 3785 S.W. Dorsey swears that he never made
any such memorandum. On page 2280 Rerdell swears that he employed
Gibbs and wife to make a true and correct copy of the books in
March, 1880; that he was directed by S.W. Dorsey to send him a true
transcript of the books in order to settle with Bosler, and that
Gibbs and wife copied the journal and ledger, and that he sent the
copy to New York. 3788 Dorsey swears that he never heard of the
employment of Gibbs and wife, and that he never received any such
books or transcripts. On page 2644 Gibbs swears that his wife
copied only the journal, not the ledger. Yet Rerdell swears that he
copied the journal and the ledger. On page 2644 Gibb again swears
that Rerdell brought him one book. What color was it, red, brown,
or black? Rerdell says he took him two red books. Gibbs swears he
got one brown book or one black book. That is what they call
corroboration. On page 2320 Rerdell swears with regard to the paper
2A, that the words, "schedule thirteen hours" were written by
Miner. If those words, "schedule thirteen hours," were not written
by Rerdell, then they were written by somebody else. [A2 handed to
Mr. Ingersoll.] I guess this is the petition that was fixed up. It
looks as if it had been to a hospital. Rerdell says Miner wrote the
words "schedule thirteen hours." just look at that word "thirteen,"
gentlemen.
You have no idea how it affects your imagination and brain to
be indicted seven times. On page 2209 Boone swears with regard to
this same paper and the same words, that there is nothing in the
handwriting to indicate that it was written by Miner; that it is a
back-hand; a changed handwriting. On page 4186 Miner swears that it
is absolutely not true; that the words "schedule thirteen hours"
are absolutely and positively not in his, handwriting, and further
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that he never filed the petition. Gentlemen, evidence of
handwriting is very unsatisfactory necessarily. Men do not always
write the same. The same man does not always write the same hand.
There is the difference of pen, the difference of ink, the
difference of paper, the difference of position, and the
difference, too, of the man's feelings. At one time he feels in
splendid health and at another time he may be tired and worn out.
The paper may not be in the same position. The slope of the desk
may be different. Countless reasons change the hand. writing of a
person, and when a man swears that certain handwriting is or is not
another's handwriting he must swear on the general appearance; he
must swear on the impression that it first makes upon him.
I know Mr. Smith and I know Mr. Jones, but it may be that I
could not describe the differences in the faces of the two men so
that a stranger could afterwards tell them. Yet I know them. It is
the effect of all the features upon me. I cannot say it is because
of the ear of one, or his nose, or his mouth. I know the
combination. I remember the grouping of the features and the form,
and that is all I remember. If I am shown a paper and asked, "Is
that Mr. Smith's handwriting,?" I "Say it is, or I say no. Why?
Because it looks like it or it does not look like it. I cannot
recognize it because an "e" is made in a certain way or because a
"d" is turned in a certain way, because the next day he may turn it
the other way. You have got to go upon the general impression. On
page 2336 Rerdell swears that the oath on route 38140, marked 5E,
was filled in by S.W. Dorsey; that the word "twelve" was written by
him, Rerdell, after it was filed, and was written because Turner
told him that the schedule must be twelve hours; that Turner handed
him the oath and he thereupon changed the "fifteen" to "twelve." On
page 3355 Turner swears that he has no knowledge of any alteration
in any affidavit. On page 3793 S.W. Dorsey swears that he did not
know there was any such affidavit; and he also frequently swears
that he never asked Rerdell to change any affidavit that had been
filed, and that he never gave any such orders. These gentlemen find
one affidavit about which we did not ask Mr. Dorsey particularly
and they say, "You have not contradicted that." When a man swears
that he never gave an order about any affidavit, that covers every
affidavit.
On page 2337 Rerdell swears that the oath marked 20F, on route
38145, was filled in by him after it was signed, under the
direction of S.W. Dorsey. On page 3793 Dorsey denies giving any
such directions.
On page 2338 Rerdell swears that blanks in the oath 22F, the
second oath, were filled in by S.W. Dorsey, but will not say
whether before or after execution. On page 3771 Dorsey says he does
not remember doing any such thing; but certainly there is no
evidence that Dorsey did this after the affidavit had been made.
On page 2339 Rerdell swears that the words "ninety-six" in the
petition 14H, were written by Miner. Boone, on page 2709, declines
to say that Miner wrote them. On page 4273 Miner swears that the
words are not in his handwriting, that he never wrote them. On page
2298 Rerdell swears that he signed a check "S.W. Dorsey by M.C.
Rerdell," and that he had that check at home. It may be that is one
of the checks for June drawn upon Middleton's bank that we could
not find.
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On page 2340 Rerdell says that the oath marked 8 I, on route
44140, was filled in by him in Washington after it was signed and
sworn to, under the direction of S.W. Dorsey. On page 3792 S.W.
Dorsey denies that he gave any such directions.
On page 2342 Rerdell swears that S.W. Dorsey signed the name
of J.M. Peck to the warrant 55G. I have forgotten the day that the
draft was given, but I think it was the 2d day of August. It was
paid on August 25, 1880. All I have to say is that there was an
abundance of time for that draft to go to New Mexico and to be
signed by John M. Peck; there was thousands of time. It makes not
the slightest difference who signed the name of John M. Peck to
that warrant. The question is, was that money coming to John M.
Peck? No. John M. Peck had sold out his interest. He was not
entitled to one dollar, and it made no difference who signed his
name to the cheek. Does it show that there was a conspiracy if
Dorsey signed his name after Peck had sold out his interest in the
routes? Any draft coming to him came to him simply as the trustee
and the draft was for the benefit of the person who bought him out.
Suppose Mr. Dorsey had signed his name. Would that prove that there
was any conspiracy? It would simply be in accordance with his right
as the matter then stood. He was entitled to that draft and Peck
was not entitled to that draft. Why? Because he had bought him out
and paid him ten thousand dollars for his interest. That was all.
Yet they would claim if that draft happened to be indorsed by Mr.
Dorsey that it would be evidence of a conspiracy entered into in
the fall of 1879.
On pages 2348 and 2361 Rerdell says that figures were,
inserted in all affidavits given him by S.W. Dorsey, except on
route 41119, and that Dorsey told him, Rerdell, to put them in the
blanks. On page 3793 S.W. Dorsey denies that.
On page 2223 Rerdell says that in August, 1878, he had a talk
with Miner, who said that they could do nothing while Boone was in
the combination; that Brady was hostile to Boone, and that Boone's
place was to be taken by Vaile; and that Miner asked his opinion
about Vaile, and asked what Rerdell thought about Dorsey's
approving it, adding that Vaile was very close to Brady. On page
4177 Miner swears that he has no recollection of the conversation,
and does not believe any such conversation ever occurred.
Ah, but they say that when a paper was handed to Mr. Miner, an
affidavit for instance, he could not give you the history of it; he
could not tell you where he was when he wrote it; he could not tell
you where he was when he filled it. I would not have believed his
testimony if he could, He had to take care of some ninety-six
routes. Upon those routes there were numberless papers, notices
from the department, notices of fines and reductions of remissions,
and everything of that kind. On each route there were probably a
hundred papers, and may be more -- petitions, affidavits, and
papers of all descriptions. If a man should stand up here five
years afterwards and pretend that he knew the history of each
paper, I would know he had not the slightest regard for truth.
Mr. Miner said when he was shown a paper, "I don't remember
ever having seen that paper before; I don't remember when it was
written." That was the truth. If he had wished to stain his heart
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with perjury he could have said, "Yes, I remember it. I know
absolutely the time I wrote it. I know I sent it to New Mexico. I
know it was filled up before it was sworn to"; but he was honest
enough and he was brave enough to face the truth and say, "I don't
remember," and I respected him for it when he did it. Whenever you
hear the truth, as a rule the first thought is, "May be it won't
do." But if it is the truth, the longer you think about it the
better it seems, while if it is a lie, the longer you think about
it the worse it gets. It would have been, apparently, to Mr.
Miner's interest to say, "I remember it perfectly," but the man had
honor enough to tell the truth. And when you come to investigate
his evidence it sounds much better than though he had pretended to
remember time and place.
I call your attention to page 2446 that is about the
affidavit.
On page 2384 Rerdell speaks of the charges made to Samuel
Jones and James B. Belford for two thousand dollars. Then Mr. Bliss
in his speech, which I will come to after a while, says that Mr.
Rerdell spoke about a charge to J.B.B. He never did, never. He said
James B. Belford. I started the J.B.B. business. I was the first
one who ever said it, and Mr. Rerdell never swore J.B.B. Then they
sent out to Denver to get a fellow who had the same initials. I
will come to this man after a while.
On pages 2429 and 2430 Rerdell swears that he had two balance-
sheets of the books, made by Donnelly; that he showed them to
MacVeagh and Woodward. How does it happen that Woodward was not
sworn about it? Nothing would have been of more importance, if they
wished to prove the existence of the two red books, than to prove
by woodward that Mr. Rerdell, in June, 1881, showed him copies of
those balance-sheets or the balance-sheets them selves. They did
not bring Mr. Woodward on the stand. Why? Mr. Woodward, in my
judgment, had he come upon the stand, would have sworn to the
truth. Rerdell says, "I do not know where they are." Then he
paused. Then I saw the working of his mind just as plainly as
though his skull had been opened. He got himself together and swore
that he gave them to Dorsey in July, 1882. He had to get them out
of his hands some way.
On page 3736 S.W. Dorsey swears that he, Rerdell, did not give
him any balance sheets.
On page 2434 Rerdell swears as to the papers he gave to Dorsey
-- the original journal, and copy of the Oregon correspondence made
by Miss Nettie L. White. Miss White was not called. He gave these,
he says, to Dorsey, July 13, 1882. On page 2793 Dorsey swears that
he did not give them to him, nor did he give a paper of any kind.
On page 2461 Rerdell is asked if he did not admit to Judge
Carpenter. in January, 1882, that he had a memorandum written by
himself, which he showed to James and MacVeagh, and that he made it
so much like Dorsey's handwriting that he did not think anybody
could tell it What was his answer?
"I may have done so." Honest man!
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On page 2462, in answer to the question, "Did you not tell
Carpenter that you brought no book from New York?" the honest man
answered:
Very likely I said I brought no book over from New York.
On the same page, in answer to the question, "Did you not tell
French that you were trying to entrap James?" he admits that it is
likely he was.
On page 2463 he admits that he may have told French that he
had learned to imitate the handwriting of Dorsey so well that
Dorsey himself could not tell the imitation; and that he Wrote that
memorandum in pencil because he could the more easily deceive.
Honest man!
Mr. Bliss holds S.W. Dorsey up to scorn because he endeavored
to turn two men out of the Cabinet on the testimony of Rerdell; and
yet he is trying to put four men in the penitentiary on the same
oath. Do you not think that it is better to get a man out of the
Cabinet than to put another into the penitentiary? And do you not
think it is better that a man be put out of office than that he be
put into the penitentiary, his family destroyed, and his home left
to ruin, upon the oath of a man who swears that the oath was a lie?
Dorsey was an awfully wicked man to try to get Mr. MacVeagh out of
office on Rerdell's testimony. But now they turn around and want to
put Mr. Vaile and Mr. Miner into the penitentiary on the same
testimony. The other testimony was the best because we did not
promise him immunity. I will come to it after a while.
On page 2465 Rerdell swears that he did not have any pencil
memorandum that he showed to MacVeagh, claiming that it was in the
handwriting of Dorsey, and was asked. "Did you not tell Bosler that
you had? What does he say? "Possibly I did." Did you not tell
Bosler that you wrote it?" "Possibly I did."
S.W. Dorsey swears on page 3810 that Rerdell told Bosler that
it was in the waste-basket, and Bosler took the pieces out and put
them together. Rerdell says he had written it, and in pencil, so
that it would look more like Dorsey's handwriting. Why did you not
ask Bosler about it, gentlemen, when you had him on the stand to
prove your letter? Even Mr. Bliss, in his speech, asked, "Why
didn't they call Bosler?" Why didn't you have the fairness to tell
all the circumstances? I will tell them all when I get to that part
of it. Why did you not tell them that you had looked all through
Mr. Bosler's books?
On page 2466 Rerdell swears that he did not get that
memorandum out of the waste-basket, but got a note from MacVeagh,
and that Dorsey was present.
On page 3810 Dorsey swears that it was a pencil memorandum
imitating his (Dorsey's) hand closely.
On page 2466 Rerdell admits that he very likely told Bosler in
June, 1881, that he had no book on the train and brought none from
New York. In answer to my question, he says, "Possibly I did," or
"Probably I did," tell Bosler. I cannot bring other witnesses to
contradict him when he admits that he did. That is enough for me.
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On page 2467 he admits that he very likely told Judge Wilson
about the affidavit; that if he told him anything, he told him that
no such book existed, and that there was no necessity for any book
except an expense book.
On page 2469 Rerdell swears that he had a copy of the day-book
and ledger in June, 1881, in Dorsey's office; that Dorsey took them
that day, and that they had been there ever since they were made,
to be carried to Congress. Then he began to gather his ideas, and
he says:
Hold on. I am mistaken. These books were all sent over to New
York before that, in the summer of 1880, when I carried the
originals over for the last settlement I was present at, between
Dorsey and Bosler.
There was no settlement in 1880, the time he speaks of Mr.
Merrick then says:
Q. There were two sets of those copies?
That would be four copier, and two originals.
A. No, sir.
On page 3955, S.W. Dorsey swears that he had the first
settlement with Bosler in December, 1879, or January, 1880, and had
no subsequent adjustment until November or December, 1882; no
settlement between those dates. Yet Rerdell says that he took those
books over in the summer of 1880 for a settlement, when there was
no settlement, and at the same time carried the originals. A moment
before he had sworn that the originals were there in the office in
June, 1881.
On page 2470 Rerdell swears that he did not give the books to
Dorsey in 1881.
On page 2447 he swears that he did not have the balance-sheet
in New York; that he had it in the office in June, 1881.
On page 2479, Rerdell, in speaking of the pencil memorandum,
was cornered, caught, He said, "I have kept it as a voucher." Then
finally he admits that it was not his property, but was the
property of Dorsey; and the last admission he made upon that
subject was, "I stole it." He says that while he was in jail
somebody got into the office and destroyed his papers. And yet, on
page 2480, he tells that the first time it ever occurred to him to
use that pencil memorandum was after the first trial was over. Can
you believe that? He was trying to steal it on the 13th of July,
1882; was trying to go over to the Government on the 5th day of
July, 1882, and did not think that he had that pencil memorandum.
Writing a letter on that day to Dorsey; giving him notice that he
was going to desert him; saying in that very letter that he had
been persuaded by Bosler to make the first affidavit; saying that
he was making preparations to go to the Government, was going to
set himself right, and yet did not remember the pencil memorandum!
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Why? Because he manufactured it afterwards. He says that within a
day or two after he was out of jail he found this paper a second
time. He found it before, and laid it carefully away as a voucher.
Then he lost sight of it. Then he was trying to sell it to the
Government, and he forgot it; trying to blackmail Bosler and
Dorsey, and forgot it. When he got out of jail he found it. That
will not do. How does he say it got to his house? His wife carried
it from the office while he was in jail. And yet he would have us
believe that Dorsey broke into that office and stole all the
papers. And yet he says that was in the office, and Dorsey did not
take it. It will not do. He manufactured that paper after that
time.
On page 2481 Rerdell swears that he did not know that he had
that paper at that time, at the time he says his wife got the
papers. I say he did not; I say he made it afterwards.
On page 2490 Rerdell swears that he had those red books in the
office at 1121 I street; that he never made any effort to conceal
them. And yet Kellogg never saw one of those books; never saw
Rerdell working upon them, and never saw them in the office.
On page 2491 Rerdell swears that he thinks Kellogg did some
work on those red books; that Kellogg helped him (Rerdell) make the
first entries. On page 3636 Kellogg swears not only that he did not
help him to make those entries, but positively swears that he never
even saw any such books.
On page 3635 Kellogg swears positively that Rerdell did not
keep any books, but a private expense-book and a route-book; and
that he (Kellogg) never saw any other books; that he never saw a
ledger or journal in red leather, kept by Rerdell. He swears that
he himself kept the three books (the journal, ledger, and cash-
book,) and that Rerdell never made an entry in them.
On page 2512 Rerdell swears that he never imitated Dorsey's
handwriting, or tried to, in Kellogg's presence. On page 3636
Kellogg swears that he saw him do it.
On the same page (2512) Rerdell swears that he never signed
Dorsey's name to show Kellogg that he could imitate it. On page
3636 Kellogg swears that he did do it.
I have just given you a few, gentlemen, of the corroborations
of this man Rerdell. Recollect that you cannot believe him unless
he is corroborated. If you believe him at all you have got to
believe all, unless you believe he is mistaken. Where a man comes
on the stand as an informer -- and I do not call him an informer --
even in that capacity he has to be taken altogether or not at all.
Now, with all these contradictions upon his head, I will now
come to the affidavit of July 13, 1882. You will remember that I
read you the letter of July 5, in which he says that Bosler got him
to make the affidavit of 1881. At page 2374 Rerdell gives an
account of this affidavit. Dorsey got him in Willard's Hotel,
locked the door, and had him. Now, he said to him, "Mr. Rerdell, I
will tell you what I am going to do with you: I am going to have
you prosecuted for perjury." Let us imagine that conversation.
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Rerdell replies, "What are you going to have me prosecuted for?"
"For making the affidavit of June, 1881."Why," says Rerdell, "in
that affidavit I swore you were innocent." Says Dorsey, "Don't you
know you swore to a lie? Do you think I would stand a lie of that
kind, sir? Do you think I will allow any man willfully,
maliciously, and with malice aforethought, to swear that I am an
innocent man? I will have you arrested to-night, sir." "Well," says
Rerdell, "my good God, ain't there any way I can get out of this?"
"Yes; make another affidavit just like it. Now, sir, you have
perjured yourself and I will arrest you for perjury unless you do
it again." "Well," says Rerdell, when I get that done you will have
two cases against me." "I can't help it," Dorsey says. "Is that the
way you treat a friend? I swore to that lie from pure friendship.
Don't you remember you took me by both hands and begged me, for
God's sake, and for your wife's sake and your children's sake, to
make that affidavit? And now are you going to be such a perfect
devil as to have me arrested for perjury for making that same
affidavit? Dorsey says, "Yes, sir; that is the kind of man I am.
"Well, but," says Rerdell, "don't you know the trial is going on
now? They are trying to prove, now, that you are guilty, and in
that affidavit of mine I swore you are innocent, and how are you
going to prove a man guilty when you swear that he is innocent?
"Dorsey says, "That is my business, not yours. I am going to have
you arrested." "But," says Rerdell, "you had better hold on, I tell
you." "Why?" "I have got the red book that I got in New York."
Dorsey says, "I don't care." Rerdell says, "I have got the pencil
memorandum that you made for me to open the books upon, and charge
William Smith with eighteen thousand dollars. And you wrote John
smith first, and I changed it to Sam Jones, don't you recollect, as
otherwise there would be two Smiths? And there is the account
against S.H. Mitchell, and J.W.D., and cash, and profit and loss."
Dorsey says, "I don't care about that. I am not going to allow a
man to commit perjury. I am going to have you arrested." Rerdell
says, "You had better not have me arrested." Dorsey says,"Why? What
else have you got?" "I have got a copy of the letter that you wrote
to Bosler on the 13th of May, 1879, in which you say that you paid
twenty thousand dollars to Thomas Brady. That copy was made by Miss
Nettie L. White." Do you believe I care anything about that? You
have perjured yourself, and it is no difference to me whether it
was in my favor or not. Justice must be done, and I am going to
have you arrested." Rerdell says, "You had better not I have got a
tabular statement in your handwriting, Dorsey, where you had a
column for the amount due and the amount received, and another
column for thirty-three and one-third per cent. given to Brady, and
then at the top, in your handwriting, 'T.J.B., thirty-three and
one-third." Dorsey says, "I don't care what you have got" Rerdell
says, "That ain't all I have got, Dorsey. I tore out of your copy-
book a copy of the letter I wrote to Bosler on the 21st or 22d of
May, 1880, in which I told him that I had gone to Brady, and that
Brady said you were a damn fool for keeping a set of books, and
suggested to me to have some copies made, and I had the copies
made, and I can prove the copies by Gibbs if he does not try not to
remember that he made them. Now, go on with your rat-killing; go on
with your perjury suit." Dorsey had him already locked up there,
don't you see? But Dorsey was bent on having that man arrested for
perjury because he had sworn that he (Dorsey) was innocent. Dorsey
was implacable.
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What else did he do? He put his hand in his pocket and said,
"Do you see those letters to that woman?" Then, sir, when he saw
the handwriting he was like that other gentlemen that saw the
handwriting on the wall, and he began to get weak in the knees, and
says, "Dorsey, I hope you are not going to have me arrested for
perjury. I am willing to do it again right now, on the same
subject."
Now, it turns out that at that time Dorsey did not have those
letters. Dorsey swears that he never got those letters until after
Rerdell was put upon the stand. And after he swore that, the
Government had the woman to whom the letters were written
subpoenaed. Why did they not place her on the stand? That is for
you to answer, gentlemen. That is the affidavit of July 13.
Recollect, there was a trial going on at that time in which Dorsey
was insisting that he was innocent, and although Rerdell had sworn
that he was, he was going to have him arrested right off.
What else did he have against Dorsey at that time? Now, says
Rerdell, "Dorsey, don't you have me arrested for perjury. I have
got a memorandum of that mining stock that was, to be given to
McGrew and Tyner and Turner and Lilley for corrupt purposes."
What else did he have? After he had agreed to make the
affidavit, Dorsey wrote out what he wanted him to swear to, in
pencil, and gave it to him. And when he got his liberty, when he
walked out of that room a free citizen, he had all the papers I
have spoken of not only, but he had in his possession a draft, in
Dorsey's handwriting, of the affidavit Dorsey wanted him to make.
He made the first affidavit from friendship; the second from
fright. You know he never took a dollar for an affidavit. He was
not that kind of a man. You might get around him by talking
friendship or you might scare him, but you could not bribe him; he
wasn't that kind of a man. Armed with all these papers he was
frightened; so he made the affidavit of July 13.
Now, let us see. He admits that -- I will not say every word,
but the principal things in the affidavit of June, 1881, are false.
He swore to them knowing them to be false. But he tried to get out
by saying he did not write them all. Writing is not the crime. The
crime is swearing that they are true when they are not true. It
does not make any difference who wrote it. For instance, you swear
to an affidavit, and you afterwards say, "I did not write it." "Did
you know the contents?" "Yes." "Did you swear to it?" "Yes." What
difference does it make who wrote it? And yet he endeavors to get
behind that breastwork and say, "I did not write all that
affidavit; I only wrote part of it. What I wrote was true, but what
I swore to was not." That will not do.
So the affidavit of July, 1882, he now swears was a lie. But
he gives a reason for writing that, that you know is utterly,
perfectly, completely false. You know that Dorsey never threatened
to have him arrested for perjury because he had sworn in favor of
Dorsey. You know it, and all the eloquence and all the genius of
the world could not convince you that at that time Rerdell was
afraid that Dorsey would have him arrested for perjury. No, sir
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Now, let us take the next step. Mr. Rerdell testified, on page
2275, that this letter (32X) was received by him in due course of
mail in 1878. Upon being asked whether he did not know that S.W.
Dorsey was here in Washington at that time, he replied that he knew
he was not. I will read it to you, gentlemen:
Chico Springs, P.O.
Mountain Springs Ranch, Colfax County, New Mexico,
April, 3, 1878.
M.C. RERDELL, 1121 I Street:
"Dear Rerdell: I wish you would get fullest information in
regard to all the new post-office lettings and keep posted as to
the schemes going on in the department. There are certain routes we
want advertised and others we do not. I shall be in Washington as
soon as the 12th unless something unexpectedly happens
Faithfully,
DORSEY.
Q. What Dorsey was that? -- A. That is S.W. Dorsey's
handwriting.
Q. And signature? -- A. Yes, sir.
There is where he first speaks of it. At the time that letter
was introduced, or in a little time, gentlemen, they also
introduced the envelope. I do not know that I should have suspected
the letter if they had not introduced the envelope. Whenever there
is an effort to make a thing too certain I always suspect it. When
that Morey letter was gotten up, what made me suspect it was that
they had the envelope, and I said to myself, "Why did they want the
envelope if it was clearly in the handwriting of Garfield? What
difference did it make whether it was, sent to Morey or to somebody
else? What difference did it make when it came from Washington?"
The only question was, "Did Garfield write it?" And upon that
subject the envelope threw no light. When a man feels weak and
thinks that other people will know what he does not want them to
know, then it is that he wants to barricade and strengthen before
the attack. So they got up this envelope, and when I looked at that
it did not look to me as if that stamp had been through the mail.
I noticed the handwriting of "Chico Springs, N.M.," and then I
noticed the 3 or the B on the postage stamp, and then I knew that
the man who wrote "Chico Springs" never made the letter or figure
on that stamp. It is utterly impossible for the man who wrote that
"Chico Springs" to make that mark on the stamp. This stamp looked
awfully clean, and I said, "Well, I wouldn't wonder if that was an
envelope used here in the city which has been got through the mail
in some way." They had it stamped on the back and I said, Perhaps
that was written in 1879." No. You see if it was not written in
1879 it did not do any harm, because in 1879 Dorsey was not a
member of the Senate. Having gone out on the 4th of March, 1879, if
that letter was dated in April, why then there was no harm in his
writing to Rerdell and telling him to look after the mail business.
But if it was written on the 3d of April, 1878, it went far to show
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that Dorsey was personally interested at that time in mail routes.
You will notice the printed date, April 3, 1878. They introduced
that letter. I noticed that that envelope was a funny looking
thing, and that the writing on it did not correspond with the mark
on the stamp, I noticed also that upon the back they had the stamp.
I do not know how they got it. When the Post Office Department has
possession of a paper they can put almost anything on it.
When I said to Mr. Rerdell on cross-examination, not knowing
anything about the letter, "Was that not written in 1879 he said,
"No, sir." Said I, "Don't you know as a matter of fact, that Dorsey
was not here on the 3d of April, 1879?" He said, "As a matter of
fact I know that he was here on the 3d of April, 1879." "Don't you
know, as a matter of fact, that he was here on the 3d of April,
1878?" He says, "I know as a matter of fact that he was not here on
the 3d of April, 1878; he was at Chico Springs." He knew as a
matter of fact that he was here in 1879, and he swore that so as to
preclude the possibility of his having written the letter in 1879.
And he swore to the positive fact that he was not here on the 3d of
April, 1878, so as to show that he wrote him that letter from Chico
Springs. They wanted some letter from Dorsey in 1878, to show that
he was personally interested in these routes while in the Senate.
They submitted that letter to Mr. Boone, who was their witness. He
looks at it and he tells you that Dorsey did not write that letter.
A clear forgery. Whom else do they bring now? They leave it right
there, and by that admit that Rerdell forged that letter. Mr.
Boone, their witness swears it. Nobody swears to the contrary
except Rerdell. Boone threw the letter from him contemptuously, and
said, "That is not Dorsey's handwriting," and they dare not bring
another witness. The country is filled with experts, gentlemen, who
know, about handwriting; the United States had plenty of men and
plenty of money, and they never brought a solitary man.
Now, gentlemen, do you want to know how this fellow got
through? I will tell you. There is the letter, and they dare not
put a man on the stand to swear that it is in Dorsey's handwriting.
Look it all over. But I want to tell you how Rerdell got caught;
about Dorsey being present on the 3d of April, 1878, and I might as
well tell you how I found it out. I do not want to pretend to be
any more ingenious than I am. I found it out because I made the
same mistake myself. I stumbled on that same root. I hit my toe of
heedlessness on the same obstruction. I went up to look at the
Senate journal. I opened a book to see whether Dorsey was here on
the 3d of April, 1878. You see at the bottom there of the title
page, Mr. Foreman --
Washington; Government Printing Office. 1877.
You know I was not looking for the book of 1877, so I shut
that book up. I then took the next book and opened it, and it said
at just the same place:
Washington: Government Printing Office. 1878.
I thought it was the book. So I looked over here, and I found
that there was no session of the Senate in April, and I said to
myself, "Is that possible that there was no session in April, 1878?
Why, there must have been." But the book said "no." I looked back
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here, and it still said 1878. Then I happened to look back to this
book that said 1877, and it said that the session commenced
December 3d, 1877, and consequently April 3d, would be found in the
book marked 1877 on the title page. So I turned right over here and
looked up at the top and saw the date, April 3, 1878. He was
looking for the 1878 book, and that included April, 1879, and when
he got to April, 1879, there was no session of the Senate. So he
came right in here and swore that Dorsey was not here in 1978, but
that he was here in April, 1879. I looked in that book and found
that Mr. Dorsey, on the 3d of April, 1878, was appointed by the
Vice-President on a committee of conferees, on the part of the
Senate, together with Senators Windom and Beck, and I saw exactly
how Mr. Rerdell made his mistake. He opened the book, and at the
bottom of the title page it said 1877. That was not what he was
looking for. He was looking for 1878. And the book that said 1878
showed that in April the Senate was not in session. The book that
said 1877 showed that in April the Senate was in session on April
3d, 1878. That man thought he was backed by the records of the
Senate, and thereupon he manufactured that letter. And that is the
letter sworn by Boone not to be in the handwriting of S.W. Dorsey.
Now, gentlemen, there is nothing in this world that a man would be
prevented from doing, for its baseness, who would do that.
There is more evidence than this. I asked Mr. Rerdell, "When
you got that letter did you understand it?" He said, "No." Did you
do anything on account of it?" "NO." "Did you know what it meant?"
"No." And yet he has the temerity to swear that he received that on
the 3d of April, 1878.
How did he come to spell the name Reddell? I will tell you, On
page 2275 he had a letter to go by. That is the Very page on which
the Government puts in that letter, this letter is a letter of
introduction. When Rerdell manufactured that letter he had this
letter of introduction to go by:
Hon. J.L. Routt, Denver:
My Dear Governor: I wish to introduce my friend, Mr. M.C.
Reddell.
It was written Reddell in that letter, and when this man
wanted to manufacture one he had one in his possession that Dorsey
wrote about that time (April 14, 1879), and he noticed that in that
he spelled the name Reddell. So when he wanted to get up a fraud he
spelled the name Reddell. That is the way. There is no pretence
that Dorsey wrote that letter, and they dare not bring an expert or
another man on earth acquainted with the handwriting of Dorsey and
submit it to him and expect him to say that that is the handwriting
of S.W. Dorsey. So much for that.
Now, it is claimed that while Torrey was writing up Dorsey's
books, having in his possession the check stubs, he was uncertain
as to whether a charge was twenty-five dollars or twenty-five
cents, and he thereupon sent to Rerdell to ascertain the true state
of the account, so that he might open his books. Thereupon Rerdell
made the calculation in the evidence marked (94X,) and Donnelly
wrote under it that it was right. Donnelly made that little
certificate at the bottom. Here is the important paper [submitting
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94X to the jury], another piece manufactured out of whole cloth,
not whole paper. Now, I ask a few questions about this. In the
first place, they knew that unless this was corroborated it was
good for nothing, and we find on it:
Lewis Johnson & Co., note due 28th October, three thousand
dollars.
Was that note at Lewis Johnson & Co.'s? Why did they not bring
some of the officers of that bank, if there was such a note for
three thousand dollars there? But no one was brought. And yet they
knew that everything coming from Rerdell must be corroborated.
If Rerdell had come to Donnelly to find what the account was,
how did it happen to be in Rerdell's handwriting before it got to
Donnelly? Donnelly wrote this certificate at the bottom. Rerdell
had written all the facts before. If he went to Donnelly to get the
facts, how did Rerdell happen to write this before it got to
Donnelly? It is like me wanting to get some information from a man,
and writing the information before going to him.
Now, if Donnelly wrote that after Rerdell had written, where
did Rerdell get the information? If Donnelly had the books,
Donnelly should have given the information. If Rerdell had the
books, why did he want to go to Donnelly for information? And if
Donnelly had the books, how did Rerdell write the information
before he went to Donnelly? Then if he wanted that information for
Torrey, why did he not send it to him? How does it happen that
Rerdell wrote out the information for Donnelly, then got Donnelly
to certify it, because Torrey had asked it? And then how does it
happen that Rerdell kept it? It seems to me that that ought to have
been sent to Torrey. Torrey wrote to Rerdell for information;
Rerdell wrote it all down, and then got Mr. Donnelly to say it was
so. If Donnelly had the books, Donnelly should have given the
information. If Rerdell had the books, he did not have to go to
Donnelly for information. That is another manufactured paper. As I
say, how does it happen to be in the possession of Rerdell? They
claim that it was for Torrey's benefit. I believe when Torrey was
on the stand they asked him if there was not some dispute about
thirty-five cents. Now they bring that here to show that there was
a dispute about twenty-five cents. Was there any reason for
supposing that it was twenty-five cents? No, except that it was in
the dollar column, that is all. Of what use was Donnelly's
statement after Rerdell had made the calculation? Nobody on earth
can tell why that was given. Why did they not bring some of the
books or clerks from Lewis Johnson & Co.'s Bank to show that there
was a note there in October for three thousand dollars.
There is another little matter, a conversation between Rerdell
and Brady. Rerdell said he had a conversation with Brady in which
he told him about the Congressional committee; that he was summoned
to bring his books. Brady was astonished that Dorsey would be "Damn
fool enough to keep books," and suggested to have them copied,if
this is true, Brady at that tune made a confident of Rerdell. If it
is true, Brady at that time admitted to Rerdell that he (Brady) was
a conspirator; that he had conspired with Dorsey. And yet Brady
says that he never had but three or four conversations, I believe,
with this man, and Rerdell himself admits that he never had but
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four or five, and when he is pinned down on cress-examination he
accounts for enough of these interviews, without any interviews on
the subject of the books, to exceed all that he ever had. Do you
believe that he ever had any such conversation? Do you believe that
Brady would make a confident of him? Do you believe that Brady
would substantially admit in his presence that he had been bribed
by Dorsey? I do not.
Now, in order that you may know what this man is, I want you
to have an idea of his character. So we will come to the next
point. Mr. Rerdell admits that he sat with the defendants during
the early part of this trial; that he was willing to make a bargain
with the Government; that he proposed to the Government that he
would sit with his co-defendants, and would challenge from the jury
the friends of the defendants. Did any man wearing the human form
ever propose a more corrupt and infamous bargain? That proposition
ought to have been written on the tanned hide of a Tewksbnry
pauper. He went to the Government and deliberately said,
"Gentlemen, I am willing to make a bargain with you. I am willing
to sit with my co-defendants, pretending to be their friend, and
while so pretending I will challenge their friends from the jury.
I will so arrange it that their enemies may be upon the panel."
"And why do you say that, Mr. Rerdell?" "In order to show my good
faith towards the Government." He made the first affidavit for
friendship, the second for fear, and he made this proposition to
show his good faith. There never was a meaner proposition made by
a human being, under the circumstances, than that. He proposed to
do it. Mr. Blackmar says that the proposition was rejected; but
that does not affect Mr. Rerdell. He was willing to carry it out.
What more does he swear? He swears that he tried to carry it
out. In other words, that although it had been rejected, that made
no difference to him. Mr. Blackmar says they would not do it.
Rerdell swears that he tried to; went right along and did his level
best; and if the Court had allowed him four challenges he would
have challenged four friends of the defendants from the jury.
What more does he admit? That when the Court decided that all
of us together only had four, he endeavored to challenge one, Why?
Because he believed he was a friend of the defendants; because he
believed he would be against the prosecution; and he wanted to get
the friends of the defendants away. Why? To the end that the
defendants might be tried by an enemy. That is what he was trying
to accomplish.
Let us take another step. That proposition reveals the entire
man; that takes his hide off; that takes his flesh all off; that
leaves his heart bare, naked; you can see what he is made of, and
it shows the workings of his spirit, the motions of his mind; and
you see in there a den of vipers; you see entangled, knotted
adders. And yet that man is put upon the stand stamped by the seal
of the Department of justice, and that department says to twelve
men, "Here is a gentleman that you can believe; that gentleman
proposes to sell out his co-defendants to us, but we would not buy;
he is an honorable kind of gentleman, but we would not buy."
Mr. MERRICK. It should be interpolated there -- if you will
pardon me a moment -- that the Government refused to accept Rerdell
until he himself had pleaded guilty.
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Mr. INGERSOLL. I understand that. I say now, Mr. Merrick, that
I would not for anything in the world, on a subject of that kind,
go the millionth part of an inch beyond the testimony. Although you
and I have not been very cordial friends during this trial, and
neither have I and Mr. Bliss, yet if I know myself I would not for
anything in this world put a stain upon your reputation, or upon
the reputation of either of you, by misstating a word of this
testimony. I would not do it. I am incapable of it. I admit that
the evidence is that the proposition was rejected, but I also
insist that the Government knew; the proposition had been made,
otherwise it could not have been rejected And so I say that after
this man had made that proposition, infamous enough to put a blush
upon the cheek of total depravity, the Government put that witness
upon the stand, sealed with the seal of the Department of justice.
Now, we will go another step, He sat with us from day to day,
gentlemen, as you know, went in and out with us, as one of the co-
defendants. In the meantime -- and there is a laughable side even
to this infamy -- he borrowed money from Vaile. He went to him as
a co-defendant, as a friend, and said, "I want a hundred and forty
dollars; I want to buy bread and meat to give me strength to swear
you into the penitentiary." And Vaile gave him the money. Would you
believe a man like that? You cannot think of a man low enough, you
cannot think of a defendant vile enough to be convicted on such
testimony.
Now, we will go another step. He wanted to make that bargain
with Mr. Blackmar. Mr. Blickmar swears that he told Mr. Merrick of
it, and that Mr. Merrick rejected it; would have nothing to do with
it.
At that time Mr. Woodward had two affidavits of Rerdell in his
possession -- an affidavit of Rerdell, made in September,
supplemented by another affidavit, I believe, of November, that he
made in the city of Hartford, covering seventy pages. When Mr.
Woodward saw Mr. Rerdell sitting with the defendants, pretending to
go with them, he (Woodward) had those two affidavits of Rerdell in
his pocket. Did the prosecution know that Rerdell had made the two
affidavits? I do not say they did, gentlemen. I only go right to
the line of the evidence; there I stop.
Another thing: Mr. Blackmar swears that they had a signal to
look at the clock, and that night Rerdell would meet him at six or
seven o'clock, I have forgotten the hour; but Mr. Blackmar could
not sit in his room all the time waiting for him, and so he gave
him a certain signal, so that he would know he was to wait that
night. Then what happened? Then Mr. Rerdell came to Mr. Blackmar
and gave to him written reports. Of what? I do not know. He sat
with the defendants; he gave to Mr. Blackmar written reports. What
were they? I do not know. What did Mr. Blackmar do with them? He
handed them to Colonel Bliss. What did he do with them? I do not
know. Did he read them? I do not know. Did he know that they were
in the handwriting of Mr. Rerdell? I do not know. That is for you.
Still another point:
Mr. Bliss, after this jury had been impaneled, stood before
them while Rerdell was sitting with us as a defendant, and said:
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The ranks of the defendants are closed up, and he --
Rerdell --
stands before you now as one of the defendants, whose testimony --
Meaning the confessions made to MacVeagh and to Postmaster-
General James --
will be accepted by the Court and by you, &c.
The question arises, "Did Mr. Bliss know at that time that Mr.
Woodward had in his pockets two affidavits made by Rerdell, one
made in September and the other in November? Did he know at that
time that Rerdell had given his papers over to Mr. Woodward? Did he
know at that time that he had offered to challenge the friends of
the defendants from the panel? And so knowing, did he give us to
understand that Rerdell had passed from the influence of the
Government and was now acting as one of the co-defendants? Is it
possible that Mr. Bliss would furnish Rerdell with a mask behind
which he could gather information from the defendants and sell it
to the Government for immunity? Is it possible? Those were the
circumstances. I do not say that he knew. I do not know.
Gentlemen, I do not believe that it is the duty of a
Government to prosecute its citizens. I do not believe that it is
the duty of a Government to spread a net for one of the people whom
it should protect. I do not believe in the spy and informer system.
I believe that every Government should exist for the purpose of
doing justice as between man and man. The mission of a Government
is to protect and preserve its citizens from violence and fraud.
The real object of a Government is to enforce honest contracts, to
protect the weak from the strong; not to combine against the one,
not to offer rewards for treachery, not to show cold avarice in
order that some citizen may have his liberty sworn away. The
objects of a good Government are the sublimest of which the
imagination can conceive. The means employed should be as pure as
the ends are noble and sacred. The Government should represent the
opinions, desires, and ideals of its greatest, its best, and its
noblest citizens. Every act of the Government should be a flower
springing from the very heart of honor. A Government should be
incapable of deceit. The Department of justice should blow from the
scales even the dust of prejudice. Representing a supreme power, it
should have the serenity and frankness of omnipotence. Subterfuge
is a confession of weakness. Behind every pretence lurks cowardice.
Our Government should be the incarnation of candor, of courage. and
of conscience. That is my idea of a great and noble Government.
The next point to which I call your attention is the
withdrawal of the plea of not guilty by Mr. Rerdell. You probably
remember the occurrence. I will read to you what he said upon that
occasion. I find it on page 2202:
After mature reflection and a full consideration of the whole
subject, I have determined to abandon any further defence of myself
in this case, and put myself at the mercy of the Court and the
Government; and if desired to do so by the counsel for the
Government, to testify to all my knowledge of any facts with
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reference to any of the defendants either against or for them,
myself included. Therefore, I now in person ask leave to withdraw
my plea of not guilty, heretofore interposed, and enter my plea of
guilty, and in so doing put myself upon the mercy of the Court. I
feel this to be a duty I owe to myself, my family, and to truth. I
have arrived at this fixed determination upon my own reflections
and responsibilities, and without any previous consultation with my
counsel, who, I believe, would not have advised me to this course,
and whom I now relieve from all and any responsibility for the
course I have adopted.
Now, gentlemen, is it not wonderful that if Mr. Rerdell was
about to tell the truth as a witness in this case, he could not
even withdraw his plea of not guilty without misstating the facts?
Is it not wonderful that he felt called upon at that time to tell
several falsehoods? He says that he took this step upon his own
responsibility. He says that he did it without the advice of his
counsel. He tells you that he believes if he had asked his counsel,
his counsel would have been opposed to it. He says he is willing to
be a witness for the Government if the Government desires it,
leaving you to infer that at that time no arrangement had been made
for him to be a witness; that it was all in the regions of
uncertainty; that he had withdrawn into the recesses of his own
mind, and consulting with himself and nobody else had made up his
mind to throw himself upon the mercy of the Government and the
Court, and took that step without even allowing his counsel to know
what he was about to do.
But he speaks farther on the subject. I read from page 2523.
I was then examining him:
Q. How did you come to do it? -- A. I finally made up my mind
to what I would do. I talked it over the evening before with my
counsel --
He so states under oath; and yet when he stood up before this
court and withdrew his plea of not guilty, he said he acted without
the knowledge of his counsel --
I read this to show you that the statement he made to the
Court at the time he withdrew his plea was absolutely false. What
next? I will go on a little further. The same man Rerdell, after he
had made up his mind to go over to the Government; after he had
made up his mind to swear away, if it was within his power, the
liberty of S.W. Dorsey, admits, on page 2525, that he endeavored to
get five thousand dollars from Mr. Dorsey.
On page 2589 Mr. Rerdell swears positively that he did not
know that he was to be used as a witness for the Government until
he was called in court to take the stand. Let us look at the
evidence of Mr. Bliss on Page 2590. I will read you what he said:
Mr. BLISS. Your Honor we propose to show, in substance, that
this witness, for reasons with which we have nothing to do,
connected with his own views of his own safety, from an early
period was desirous of being accepted by the Government as a
witness; that the counsel in the case refused to communicate with
him or to have anything to do with him until, in the presence of
his own counsel, he was brought to Mr, Merrick's office, and there
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the whole thing was explained; and that then for the first time the
Government accepted his willingness to be a witness; and they did
it under circumstances which held out to him no inducement and
which involved no training or anything of the kind by anybody
representing the prosecution.
Now, let us go to the next step. I want to be perfectly fair.
On page 2591 Mr. Merrick asked Mr. Rerdell this question;
Q. When did you first learn that you would be put upon the
stand after pleading guilty? -- A. It was the day before my plea
was made in court.
Yet when he rose to withdraw the plea he expressed his
willingness to go upon the stand for the Government, leaving you to
infer that no arrangement had been made, and he afterwards finally
swore that he did not know that he was to be called until he was
called.
These, things, gentlemen, you must remember.
On page 2515 Rerdell swears that on the Sunday after he got
out of jail he proposed to Mr. Lilley to have Lilley act for him,
and authorized Lilley to say to the Government that if the
Government would accept him he would go on the stand and rebut
Vaile. He told him that he had in his possession a letter or two of
Mr. Vaile's. Rerdell tells you that he made this proposition on the
16th or of September, 1882. which was after he made the affidavit
of June, 1881. On the same page he said it was just after Vaile
went off the stand. That is my recollection. In the last trial
Vaile testified on the 4th of August, 1882. So about that time
Rerdell, according to his testimony, went to Lilley and made a
proposition to sell out then. When he made the affidavit of July
13, 1882, the trial was then in progress. The very next month,
August while the trial was still going on, that same man, having
made the affidavit of July 13, 1882, went to his attorney, Mr.
Lilley, and authorized him to say to the Government that Mr.
Rerdell would take the stand to swear against Mr. Vaile. Remember
another thing, gentlemen. The only thing he offered to do then to
insure his own safety was to swear against Vaile, He did not offer
to swear against Dorsey. He did not authorize Mr. Lilley to tell
the Government about the pencil memorandum and the tabular
statement and his letter to Bosler and Dorsey's letter to, Bosler
and the Chico letter. Not a word. He simply went and wanted to sell
some letters he had that had been written by Vaile. Why did he make
that offer? Because that was all he had.
On page 2517 he says that nothing was said about pardon, but
he says that Lilley told him that he thought he could get him off
What does that mean? That means pardon. On page 2518 he swears that
he saw Woodward in November in Hartford, and Woodward and he wrote
out the statement, covering, I believe, about seventy pages of
legal cap. Then Mr. Rerdell, on page 2519, swears that he never
made an affidavit after that. Then he admits, on the same page,
that the day before he came into, court he met Mr. Woodward and
made another affidavit. That was supplementary to the first. In the
meantime he found some new papers. So we find, according to his
testimony, these affidavits:
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On page 2521 we find that he made an affidavit in June, 1881.
Remember, gentlemen, that he swore to that affidavit three or four
times. September and November of the same year, and another in
February, 1883. And yet he swears that he was not to have immunity.
Now, gentlemen, one point more about his plea of guilty. After
having withdrawn his plea of not guilty, after rising in court and
solemnly saying that he was guilty, and that he was guilty and that
he was charged in the indictment, which says that Rerdell conspired
with Brady and Vaile and Miner and John W. Dorsey and S.W. Dorsey
and Turner, that they all conspired, and that all the false
affidavits and false petitions and false everything else mentioned
in the indictment were made for the common benefit of all, then on
page 2570 he solemnly swears that he never entered into any
conspiracy or agreement with the defendants mentioned in the
indictment or any of them for the purpose of defrauding the
Government. When I asked him, With whom did you conspire, when did
you conspire, and what was the conspiracy? he could not tell; and
yet he had stood up in court and admitted that he was guilty, and
then on oath denied it. Did he not swear himself that after the
division was made in the routes Stephen W. Dorsey had not the
interest of a cent in any route that went to Vaile or Miner? Did he
not also swear that Vaile and Miner had not the interest of one
cent in any route that went to Stephen W. Dorsey? Did he not swear
that they were not mutually interested, and yet did he not stand up
in court, and by a plea of guilty say that they were not only
mutually interested, but he was one of the interested parties
himself? It seems impossible for that man to tell the truth on any
subject whatever. On page 2571 he swears he never made any
agreement with Vaile to defraud the United States. He stood up in
court and admitted that he had. He swore that he never made any
agreement with John W. Dorsey. He admitted that he had. He swore
that he never made any agreement with S.W. Dorsey, and yet stood up
in court and admitted that he had.
Now let us see whether he expected immunity. He swears that he
was taken to Mr. Merrick's office by Mr. Woodward and his counsel.
What Mr. Merrick told him we find on page 2590.
Q. And did I not say that, under the circumstances, the
Government would have nothing to do with you unless you pleaded
guilty? -- A. You did.
And that if you pleaded guilty you had nothing to trust to but
the mercy of the Government and the Court? -- A. That is what you
did, sir, exactly,
Now, on page 2523:
Q. Was it not arranged that Mr. Woodward was to come to your
house and then take you to one of the attorneys for the
prosecution, for the purpose of arranging the terms and Conditions
upon which you were to take the stand? -- A. It was not.
In another place he swears that it was, and that the
arrangement was carried out.
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The next point I wish to make, if the Court please, is that
whenever what is called an accomplice or an informer turns what is
called State's evidence, and whenever he is permitted by the court
to be sworn as a witness in a case, there is then upon the part of
the Government an implied promise that if he tells the truth be
shall not be punished. I read from the Whiskey cases, 9 Otto, page
595. Mr. justice Clifford delivers the opinion of the court.
Courts of justice everywhere agree that the established usage
is that an accomplice duly admitted as a witness in a criminal
prosecution against his associates in guilt, if he testifies fully
and fairly, will not be prosecuted for the same offence, and some
of the decided cases and standard text-writers give very
satisfactory explanations of the origin and scope of the usage in
its ordinary application in actual practice.
The COURT. What point are you now making to the Court?
Mr. INGERSOLL. I am making this point: It appears from the
evidence that Mr. Wilshire, the, attorney of Mr. Rerdell told him
at the time he was making up his mind whether he would go to the
Government or not, about the whiskey cases.
I make the point that when an accomplice turns State's
evidence the State cannot prosecute him after that if he testifies
fully and fairly; that the usage is immemorial, and that there is
not an exception in the records of all the cases in the books;
consequently that when Mr. Merrick told him, "You must look simply
to the Government and to the Court and you will have just exactly
what the law gives you and no more," his remarks meant that the law
gave him perfect immunity, provided he went upon the stand and
swore truthfully.
The COURT. You have demonstrated, as far as you have been able
to, that he has not sworn truthfully.
Mr. INGERSOLL. He has not; HE HAS NOT; and if the Government
will act fairly with him he will get no immunity.
When he went to the Government he understood the law to be
that if he swore fully and fairly, or if he swore in such a way
that they could not prove that he did not swear fully and fairly,
he was to have immunity. He understood that the more he swore
against the defendants the better was his chance for immunity. He
knew that the. Government would never complain of any lie he swore
against the defendants
Now, the next question is what is the law of accomplices, of
informers? There was a remark made by Mr, Bliss in his speech, that
they had plenty of evidence in this case without the testimony of
Mr. Walsh or Mr. Moore or Mr. Rerdell; plenty of evidence without
the testimony of Mr. Rerdell. if that had been so then the
Government had no right to put Mr. Rerdell on the stand. There is
but one excuse for using the testimony of a man who pleads guilty,
and that is that without his testimony a conviction cannot, in all
probability, be obtained. And upon that point I refer to 10
Pickering, 478, and to 9 Cowen, 711; and not only upon that point,
but upon the point I made at first, that whenever you put such a
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man upon the stand that of itself amounts to a promise of absolute
immunity;
The object of admitting the evidence of accomplices is in
order to effect the discovery and punishment of crimes which cannot
be proved against the offenders without the aid of an accomplice's
testimony. In order to prevent this entire failure of justice
recourse is had to the evidence of accomplices. -- 1 Phillips on
Evidence, 107.
If, therefore, there be sufficient evidence to convict without
his testimony, the court will refuse to admit him as a witness.
Roscoe's Criminal Evidence, 127.
Neither do I believe that Mr. Rerdell had a right to go upon
the stand until his case was finally disposed of. Precisely the
same language is used by Wharton on Criminal Evidence, 439;
An accomplice is used by the Government because his evidence
is necessary to a conviction.
That is the opinion of Mr. Justice MacLean, in 4 MacLean's
Circuit Court Reports, 103.
Mr. MERRICK. If not improper I may remark that all those cases
refer to a condition of things prior to the trial in which the
party appears as the witness.
Mr. INGERSOLL. The usual question is -- and the court
determines that question -- whether a man shall be a witness or
not.
The COURT. How can the court determine that without passing
upon the evidence in the case? That is not the duty of the court;
it belongs to the jury.
Mr. INGERSOLL. The prosecuting attorney has to pass upon that
himself when he makes up his mind to put him upon the stand; and he
only has the right to do that when he believes that no conviction
can be had without that testimony.
The COURT. Then it belongs to the prosecuting attorney.
Mr. INGERSOLL. I go further than that, and say that the
prosecuting attorney cannot do that without consultation with the
court, and without saying to the court that he believes no
conviction can be had without that testimony.
Mr. MERRICK. May I be allowed to suggest a point which
probably you would like to comment upon -- that all these cases
refer to accomplices prior to the trial. My own opinion in
reference to the case was that I would not put Rerdell upon the
stand until he had pleaded guilty.
The COURT. I do not see the ground for the distinction between
the cases. Undoubtedly, when an accomplice goes over to the
Government and offers his testimony, he does it always in the hope
of pardon or immunity from prosecution.
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Mr. INGERSOLL. That is all I want at present. I want it
understood, if the Court please, that I shall argue to the jury
that at the time he made up his mind to go to the Government, he
understood that that meant immunity.
The COURT. Oh, well, of course it did.
Mr. INGERSOLL. The next point is that the Court has to take
all his story or none; and I read from the second volume of Starkie
on Evidence, side-page 24:
In judging of the credit due to the testimony of an
accomplice, it seems to be a necessary principle that his testimony
must be wholly received as that of a credible witness or wholly
rejected. His evidence on points where he is confirmed by
unimpeachable evidence is useless. The question is whether he is to
be believed upon points where he received no confirmation. And of
this the jury are to form their opinion from the nature of the
testimony, his manner of delivering it, and the confirmation which
it receives derived from other evidence which is unsuspected. If
his character be established as a witness of truth, he is credible
in matters where he is not corroborated. If, on the other hand,
notwithstanding the corroboration upon particular points, doubts
and suspicions still remain as to his credit, his whole testimony
becomes useless.
That is the point I want to make. If they are only to take his
evidence where it is corroborated, they might as well have had the
corroboration in the first place without him.
Now, gentlemen, the evidence, in my judgment, shows, and shows
beyond a doubt -- and I believe it is now admitted -- that at the
time Mr. Rerdell made up his mind to go to the Government he
expected that he was to have absolute immunity. You must judge of
his evidence in the light of that fact, in the light of that
knowledge, in the light of what had been told him by his counsel.
Now, it is for you to say. You know something of this man. You have
seen him from day to day. You saw his manner upon the stand. Why,
they tell you that at one time he was overcome with emotion, and
that that is evidence that he was telling the truth. It may be that
there is left in that man some little spark of goodness still. When
he was swearing, or endeavoring to swear, away the liberty of the
man who had been his friend, may be at that time the memory of the
past did for a moment rush upon him. He may have remembered the
thousand acts of kindness; he may have remembered the years of
liberality; he may have remembered the days that he had spent
beneath that hospitable roof; he may have remembered the wife and
children; he may have remembered all these things, and for just
that moment he may have realized what a wretch he was. In no other
way can you account for his having emotion.
But I am about through with that gentleman. I shall not take
up your time in the remainder of my speech by commenting upon Mr.
Rerdell. Let us finish his testimony now; let us put him out of
sight; let us put him in his coffin, close the lid, nail it down:
First nail -- affidavit of June 20, 1881; drive it in.
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Second nail -- the letter of July 5, 1882, when be says that
affidavit of 1881 was made by the persuasion of Bosler; drive it
in.
Third nail -- affidavit of July 13, 1882, where he swears that
they were all perfectly innocent.
Fourth nail -- the pencil memorandum; drive that in.
Fifth nail -- the tabular statement that gave thirty-three and
one-third per cent. to Brady; drive it in.
Sixth nail -- his pretended letter to Bosler telling about the
advice of Brady; drive that in.
Seventh nail -- the letter he pretends that Dorsey, on the
13th of May, 1879, wrote to Bosler, the copies being made by Miss
White; drive that in.
Wind his corpse up in the balance-sheets from the red books
made by Donnelly.
Then you want a plate for his coffin, Let us paste right on
there the Chico letter, April 3, 1878.
Now, we want grave-stones. Let us take the red books, put one
at his head and one at his feet.
And let his epitaph, written upon the red book placed at his
head, be --
Up to this moment I have been faithful to every trust.
My prayer to Gabriel is, "When you pass over that grave don't
blow." Let him sleep. There are, there never were, there never will
be twelve honest men who will deprive any citizen of his liberty
upon the evidence of a man like Mr. Rerdell, It never happened; it
never will.
And now, gentlemen, it becomes my duty to answer a few points
made by the gentlemen who have addressed you on behalf of the
Government, The first gentleman who addressed you was Mr. Ker, and
he had something to say -- considerable to say -- about what are
known as the Clendenning bonds.
They claim, gentlemen, first, that an immense fraud was in
view when these proposals -- I think they are proposals -- with
accompanying bands and oaths of sureties were sent to Mr.
Clendenning. I wish to give you, in the first place, my explanation
of this paper. See if I understand it. If you sent this paper to
that officer or to that gentleman as a form to guide him in making
up the bonds, you would only fill up that portion of the band in
giving him a sample which you wanted him to fill Up, and you would
fill it up in order to show him exactly how he was to fill it up;
and you would leave out that part which was already filled up in
the bond. That is exactly what was done in this case. There was not
one of those bonds that had an oath of the surety or the flames of
the sureties, because they were unknown. The names were unknown,
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and the amounts that the postmaster would certify to, and so all
that was left in blank in the bond sent. But this being only a
sample, it was sent to him so that he might know how to fill up the
bonds that were sent. Consequently that portion which was
absolutely blank in the bond sent would be filled up as a guide to
him, and that potion which was filled up in the bonds sent would be
left blank in the guide, because he had nothing to do with that
part. Now, that is all there is to it.
What was left out, as they claim? Why they claim that the name
of the bidder was left out and the amount of the bid. It makers no
difference. That is not the slightest evidence of fraud, is it ?
What was the next thing? They were never used, never. No bond
included in that bundle was ever accepted by the Government. No
bonds were ever made, no contract ever based upon them, not a
Solitary cent taken from the Government by those papers. Why, then,
this secrecy? Because when a man is in this business he does not
want anybody else to know that he is bidding, in the first place;
and, in the second place, he does not want anybody to know the
amount of the bid. If the amount of the bid is put in, then the
persons going security will know it, and they may tell. The
postmaster who approver, the security will know it, and he may
tell. The object of the secrecy is not to defraud the Government,
but to prevent other people finding the amount of the bid and then
underbidding. That is the object, and it is the only object. And
yet this little, poor, dried-up bond, soaked in the water of
suspicion, swells almost to bursting in the minds of the counsel
for the prosecution. There is nothing of it. It was never worthy of
mention, in the first place. You will never think of it when you
retire. It will never enter your minds; but if it does, remember
that the object of the secrecy was simply as a precaution against
other bidders, and had nothing whatever to do with the Government.
There is one other point. I believe Mr. Dorsey did say, in his
examination-in-chief, that he did not talk to anybody about it, and
it afterwards occurred that he did go and ask Mr. Edmunds whether
what he had asked Clendenning to do was illegal or improper. To
that contradiction you are welcome.
Mr. Ker gives the date of Boone's circular to postmasters
asking for information, and says it was dated December 1, 1879-
Thereupon Mr. Merrick corrects him, and says it was in 1878. The
Court does the same. As a matter of fact, these circulares were
dated December, 1877. Gentlemen, I just simply speak of this to
show how easy it is for people to be mistaken. Those circulares
were gotten up for the purpose of getting information before
bidding. All the bids were put in in February, 1878. The circulares
were sent out, I believe, in November and December, 1877. And yet
upon that one point Mr. Ker is mistaken two years.
On page 4512 Mr. Ker states that Miner, in April, 1878, said
to Moore that it all depended upon affidavits of the contractors,
and that "they were all good affidavit men." The object of this, if
it had an object, was to show that this conspiracy was entered into
with Moore, and that S.W. Dorsey was a part of it in April, 1878.
The evidence of Moore is that the conversation took place, not in
April, but in July, 1878, at the city of Denver. And yet Mr. Ker
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tells you that it was in April, 1878. It is not, perhaps, a very
material point, but it simply serves to show you the manner in
which this evidence is repeated to you by the counsel for the
prosecution.
At page 4537 Mr. Ker says that before J.W. Dorsey went West he
made an arrangement with his brother to sell out his interest for
ten thousand dollars; that he did this before he started West; that
he did it before there was any service put on; and that these
contracts were taken at such low figures; yet John W. Dorsey had
raised his interest up to ten thousand dollars. Mr. Ker tells you
that the evidence shows that before any service was put on and
before John W. Dorsey went West he tried to sell out his interest
for ten thousand dollars. Now, what was the object in making this
statement, unless it was pure forgetfulness? Why it was to connect
Vaile with this business some time in April, 1878.
On pages 4100 and 4102 J.W. Dorsey swears that he was here in
Washington in November, 1878; before that time he had gone to the
Tongue River route: he had come back from Bismarck; and it was
then, not in April; it was then, not before he went West; it was
then, not before any service was put on, that be talked with Vaile
about selling out to him for ten thousand dollars; and it was in
November that be left the instructions for his brother to sell to
Vaile. It was not in April; it was not before he went West; it was
not before any service was put on.
At page 4540 Mr. Ker states that --
Dorsey held thirty-three routes, and there was not one of
them, I suppose, that was not expedited to the fullest extent.
What evidence is there of that? Is there any evidence that any
route of Dorsey's was expedited not mentioned in this indictment?
Did not Mr. Ker know whether the routes had been expedited or
not? Did not I offer in this court to prove what was done with
every solitary route we had? I say to the gentleman that the other
routes were not expedited. I say to the gentleman that only two
other routes were, and we were not interested in them. And I say
also that they know the record, and they knew the record when this
statement was made; but they may have forgotten it. But is it fair,
gentlemen, for a prosecuting officer to state to you that he
supposed all the routes of Dorsey were expedited? One of those in
the indictment was not expedited; and not a route outside of the
indictment belonging to Dorsey, in which he had an interest, was
expedited. So much for that statement.
At page 4546 you are told by Mr. Ker that --
Nobody ever heard of expedition on a route before.
We proved what form of contracts bad been in the Post-Office
Department for twenty years, and proved that in every one of them
there was a clause for expedition. So much for that evidence,
gentlemen.
At page 4546 Mr. Ker tells us that J.W. Dersey testified --
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That the routes were taken so low as to cut out other people,
but that they knew they were to be expedited, and they knew they
were to be increased.
J.W. Dorsey testified upon that subject, and his testimony
will be found at Page 4085;
Q. Did you have an arrangement by which you should bid an
extremely small amount on the routes, with the further
understanding that the service was to be increased and expedited?
-- A. No, sir; I never thought of such a thing.
And in his entire testimony in chief and cross, I believe
there is not another question on that subject.
On page 4549, referring to the letter of John M. Peck, which
was in fact written by Miner, Mr. Ker says:
Cedarville ought to, have had as many mails as the other
points between, according to the order, but they were going to
supply it only once a week.
As a matter of fact, gentlemen, this letter was written on the
22d of October, 1879, and at the time the letter was written the
mail, according to the contract, was carried only once a week on
that route, and consequently Cedarville would have had exactly the
same mail as any other point; that is to say, once a week.
Page 556 of the record shows that three trips a week were put
upon this route to Loup City with a schedule of thirteen hours, but
not until the 10th of July, 1879, nine months after this letter was
written.
On page 4609 Mr. Ker, in commenting upon an affidavit on the
Toquerville and Adairville route, reads from the evidence of John
W. Dorsey, citing page 3945, and ends at this question and answer:
Q, It was done so entirely, was it not? -- A. It ought to have
been so.
Now, let me read you the balance:
Q. Was it not so done? -- A. No, sir.
Q. It was not? -- A. No, sir.
Q For whose benefit was it done? -- A. He --
Meaning Rerdell --
stole five thousand dollars on that route, or very nearly that
-- four thousand nine hundred dollars on that very route.
Q. When did he steal that five thousand dollars? -- A. About
a year ago or a year and a half; I do not remember the time.
Q. From whom? -- A. From Mr. Bosler and myself.
Q. At what time? -- A. I should think in February, 1882.
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The question now arises, did Mr. Rerdell take this money as
charged? Read now from the record, at pages 734 and 735, and you
will find in the last line of the tabular statement introduced in
this case that on this very route four thousand eight hundred and
twenty-seven dollars and eighty-three cents was paid to M.C.
Rerdell as subcontractor on that route. We also find that it was
paid on the 4th of February, 1882. This is the money that Dorsey
swears Rerdell stole, and that gentleman never took the stand to
deny it.
At page 4616, Mr. Ker, after going over all the evidence with
regard to the affidavits as to the impossibility of the number of
men and horses doing the service rendered necessary by the
affidavit, comes to the following conclusion: That under the oath
the proportion was, as nine to twenty-three; that under the oath of
Johnson the real proportion should have been, and was, eight to
twenty-two.
In other words, the real proportion, according to Mr. Ker's
own statement, would have taken more money from the Treasury than
the wrong proportion made under the fraudulent affidavit, and that
was nine to twenty-three. Nine into twenty-three goes twice and
five-ninths; that is, two hundred and fifty-five percent. and a
fraction. That is the fraudulent portion. Mr. Ker says that the
real proportion was not nine into twenty-three, but as eight to
twenty-two. Eight twenty-two goes twice and six-eighths; that is to
say, and three-quarter; that is to say, two hundred and seventy-
five per cent. The fraudulent proportion, according his claim, only
gave us two hundred and fifty-five per cent. real proportion, which
Mr. Ker admits was right, according to the evidence of Johnson,
would have given us two hundred and seventy-five per cent. In other
words, we got twenty per cent. less under the fraud than we would
under the evidence of Johnson that Mr. Ker admits to be correct.
Finding that it is twenty per cent. less under the fraudulent
affidavit than under Johnson's estimate, he shouts fraud.
On page 4617 Mr. Ker tells us that Sanderson "had no more to
do with the route than you or I had." On page 731 I find that Mr.
Sanderson drew all the money on the route from Saguacbe to Lake
City, I believe, with one exception -- the third quarter of one
year -- 1878, it may be. He drew every dollar upon that route,
anyhow, up to February 17, 1882, except for one quarter. And yet
Mr. Ker stood up before you and said that Sanderson "had no more to
do with the route than you or I had."
Let us see if we have any more evidence. I find on page 3271
a subcontract executed on route 38150, from Saguacheto Lake City,
by Miner, Peck & Company to Sanderson for the whole time until June
30, 1882. I find that subcontract is signed by John R. Miner and
J.L. Sanderson. This contract was to be from the 1st of July, 1878,
and was made the 15th of May, 1878, and here it is in evidence. The
evidence is that the contract was made between Miner, Peck &
Company and Sanderson; the evidence also is that Sanderson drew the
pay. And yet Mr. Ker stands up before you and says that Sanderson
"had no more to do with the route than you or I had.
The subcontract, gentlemen, states that Sanderson is to have
the entire pay, and it was before the contract term began. So much
for that.
Bank of Wisdom
Box 926, Louisville, KY 40201
98
PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL
Mr. KER. When was it filed?
Mr. WILSON. That does not make any difference.
Mr. INGERSOLL. "When was it filed? " There was a trial in my
town of a suit against the city, I believe, for allowing a culvert
to get filled up and flood a man's cellar. They brought in evidence
to prove, don't you see, that the culvert was not filled up, and
one witness swore that the day before the rain he saw a dog go
through there. One of the jurors got up and said that he would like
to ask a question; he said, "What the color of that dog?"
On page 4631 Mr. Ker states that during the investigation by
Congress --
Contractors got out printed letters and sent them to every
subcontractor upon every star route in the country, asking them to
write to members of Congress urging their members of Congress to
vote this appropriation.
On page 1346 is Rerdell's letter upon this very route, in
which not one word is said about the contractor doing anything one
way or the other. There is no evidence that any other letter was
written on that route. I call your attention to it to show how the
prosecution strained every possible point, and how they endeavored
to patch and piece and putty and veneer this evidence. Mr. Miner
wrote a letter page (669). I do not remember any other evidence
upon this subject. And certainly it would be impossible to write a
milder letter than Mr. Miner wrote. He did not ask the people to
get up petitions against reduction, or ask for more service. Here
is what he says, and I will read you Mr. Miner's letter;
It will be well for the people of your section to send to the
member of Congress from your district such petitions as will
express their opinions on the subject of this reduction.
Truly, yours,
JNO. R. MINER, Ag't.
Could you write a milder letter than that, to save your life,
and refer to the subject? Could you write a fairer letter than
that, to save your life?
He does not say, "Get up petitions against it." He does say,
"Send those petitions to your member of Congress tell him to do
what he can to prevent it." Not one word of that kind.
Yet that is considered as evidence of fraud; that is
considered as evidence of conspiracy.
The next point made is that Mr. Ker states, at page 4632, that
Brady endeavored to bribe the members of Congress into making this
appropriation by doubling every star route in the Southern and
Middle States, and did so during the Congressional investigation.
What are the facts? The deficiency bill passed April 7, 1880. That
appropriated money only for the purpose of carrying the mails up to
June 30, 1880. The regular appropriation bill was passed at the
Bank of Wisdom
Box 926, Louisville, KY 40201
99
PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL
same session, and appropriated money to carry the mails from the
1st of July, 1880. Now let us see if Brady doubled the trips in
these Southern and Middle States during that investigation. On page
3393 Brady says:
Practically on July 1, 1880, we doubled up the entire service
for all the Southern and Middle States.
This was after the deficiency bill had passed it was after the
money appropriated by that bill had been expended and it was paid
for out of the regular appropriation for the Post-Office
Department.
Yet that was a bribe. It just shows that Congress by the
regular appropriation indorsed the policy of Mr. Key to have a
dally mail to every place where there was a county-seat.
At page 4652, on the route from Mineral Park to Pioche, there
were two petitions, marked 17K and 18K. It is somewhat singular
that the Government brought no persons whose names are on these
petitions to show that they had not authorized their names to be
signed thereto, but they brought persons to show that the
signatures were not genuine.
On page 1621 the witness Wright swears that the names are the
same on both petitions. He is then asked if he knows the signatures
of any other people, and he says "Yes." He then says that the
signature of John Deland is not genuine. He swears that he knows
nearly every one of the people. He is then asked whether these
signatures are in the handwriting of the people, and he replies
that he thinks not. Then he is asked as to the signature of
Cornell, and he says:
That is not in his handwriting.
Here is his cross-examination, gentlemen:
I asked him, "Do you know these people;" made him swear that
he knew Mr. Street; that he knew the signatures of many; that he
knew these people. I proved where they were living; that they are
living in the country now, good, respectable, honest people. And
yet the Government did not bring one man whose name had been
written here to prove that he had not authorized it. Why? Because
they could not. They knew by the testimony here that the petitions
were absolutely and perfectly honest. And it is in that way that
they seek to deprive men of their liberty. They did not call a man
whose name appeared on those petitions to say that his signature
was not genuine or not authorized. I proved that many of them are
still living and first-rate men.
Now, gentlemen, you remember besides that, that Mr. H. S.
Stevens, the delegate from that Territory, recommended the same
thing asked for by those petitions (pages 1635, 1636), where it was
admitted by counsel for the Government that the letters of Stevens
were genuine. It is upon that same route that General Fremont also
wrote a letter (page 1636). And I will show you that the names are
exactly or substantially the same on 18K as those found at pages
1638 and 1639.
Bank of Wisdom
Box 926, Louisville, KY 40201
100
PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL
Mr. Ker and Mr. Bliss both endeavored to show that there were
no petition on this route, and that it was simply done on a letter.
