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66 page printout, page 62 - 127 Reproducible Electronic Publishing can defeat censorship. THE CLOSING ADDRESS OF THE STAR ROUTE TRIAL (2 of 3 parts) **** **** 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 **** **** 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 Bank of Wisdom Box 926, Louisville, KY 40201 62 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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 Bank of Wisdom Box 926, Louisville, KY 40201 63 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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 Bank of Wisdom Box 926, Louisville, KY 40201 64 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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. Bank of Wisdom Box 926, Louisville, KY 40201 65 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. Box 926, Louisville, KY 40201 66 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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 Bank of Wisdom Box 926, Louisville, KY 40201 67 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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 Bank of Wisdom Box 926, Louisville, KY 40201 68 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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 Bank of Wisdom Box 926, Louisville, KY 40201 69 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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: Bank of Wisdom Box 926, Louisville, KY 40201 70 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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 Bank of Wisdom Box 926, Louisville, KY 40201 71 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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 Box 926, Louisville, KY 40201 72 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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. Bank of Wisdom Box 926, Louisville, KY 40201 73 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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 Bank of Wisdom Box 926, Louisville, KY 40201 74 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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! Bank of Wisdom Box 926, Louisville, KY 40201 75 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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. Box 926, Louisville, KY 40201 76 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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! Bank of Wisdom Box 926, Louisville, KY 40201 77 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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. Bank of Wisdom Box 926, Louisville, KY 40201 78 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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. Bank of Wisdom Box 926, Louisville, KY 40201 79 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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 Bank of Wisdom Box 926, Louisville, KY 40201 80 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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 Bank of Wisdom Box 926, Louisville, KY 40201 81 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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 Bank of Wisdom Box 926, Louisville, KY 40201 82 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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 Bank of Wisdom Box 926, Louisville, KY 40201 83 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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 Bank of Wisdom Box 926, Louisville, KY 40201 84 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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. Box 926, Louisville, KY 40201 85 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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: Bank of Wisdom Box 926, Louisville, KY 40201 86 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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 Bank of Wisdom Box 926, Louisville, KY 40201 87 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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 Box 926, Louisville, KY 40201 88 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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: Bank of Wisdom Box 926, Louisville, KY 40201 89 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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. Bank of Wisdom Box 926, Louisville, KY 40201 90 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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 Bank of Wisdom Box 926, Louisville, KY 40201 91 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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. Bank of Wisdom Box 926, Louisville, KY 40201 92 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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. Bank of Wisdom Box 926, Louisville, KY 40201 93 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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, Bank of Wisdom Box 926, Louisville, KY 40201 94 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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 Bank of Wisdom Box 926, Louisville, KY 40201 95 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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 -- Bank of Wisdom Box 926, Louisville, KY 40201 96 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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. Box 926, Louisville, KY 40201 97 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL 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. If you will look at page 1603 you Will find the evidence of Mr. Krider, who was postmaster at Mineral Park, in which be says there were petitions. In order to show that there was a conspiracy between these parties, or between Dorsey and Vaile, or Dorsey, Rerdell, and Vaile, Mr. Ker called the attention of the jury to two letters, one written by Rerdell to the Sixth Auditor, and one written by Vaile. Here is a letter dated the 21st of August, 1880. It is introduced, of course, to show that there was a conspiracy at that time between Mr. Vaile and Mr. Dorsey. It was written by Mr. Rerdell to the Sixth Auditor: TO THE SIXTH AUDITOR: SIR: H.M. Vaile was subcontractor on route 40104 during the first quarter of 1879. In the first settlement for that quarter Vaile was paid for certain expedited service -- it was subsequently discovered that the expedition thus paid for was never performed -- the department therefore, and very properly, too, charged back to the route the amount thus paid for expedition never performed, viz, some two thousand eight hundred dollars. Meanwhile Vaile, who alone was in fault, had ceased to have any connection with the route -- the charging back, therefore, fell on the wrong man, the man who was in no way responsible for the non-performance of the expedition, except so far as he stood between the department and the subcontractor. It is true that this payment was made by the regular contractor to the subcontractor, but it is equally true that it was, in a measure, a compulsory payment. By the rules of the Post- Office Department it is made obligatory on the regular contractor to pay the subcontractor before the department will settle with him -- it is not, therefore, a payment as between two individuals. The receipt is on the form prescribed by the Post-Office Department, and is witnessed by (the then) Postmaster Edmunds, as the rules prescribe. It is on file in the Post-Office Department, and I maintain that our covenants were fulfilled when we put the receipt on file. If Vaile had performed the service as he agreed he would do, and for doing which he received this money, we should have been reimbursed by a certificate of service from the contract office. Now, will you Permit Vaile to take advantage of his own wrong, and thus enable him to defraud another man out of his money? I refrain from discussing the question as to what would be the duty of the department if Vaile, who had received the money wrongfully, had ceased to have any connection with the department, because it is not pertinent to this issue; if it were, I could cite you to many authorities and precedents to the effect that even then it would be your duty to refund the money to me. But this is not necessary, because Vaile is still doing business with the department. He is subcontractor on route 44156 for the full contract pay, which is twenty-two thousand dollars per annum, hence the Bank of Wisdom Box 926, Louisville, KY 40201 101 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL department will have no difficulty in reimbursing itself for what was, in simple truth, an overpayment. I think you will agree with me when I ask that this money be refunded to the subcontractor on route 40104 and charged to route 44156, because it is simply correcting an error. You have the same authority to charge it to one as you have to charge it to the other, and you have already charged it to me. The law-merchant would experience no difficulty in adjusting a matter of this sort. The merchant who would refuse to correct an error of this character would be justly called a lame duck, and would be scouted from "Change." Vaile was erroneously paid for the performance of a service which he never did perform. Therefore I ask that he be compelled to render unto Caesar the things that he ceasers. Respectfully, M.C. RERDELL. Acting for himself and for the regular contractor on route 40104. That is to show also, gentlemen, that there was a conspiracy between Vaile and Rerdell. Now, Mr. Vaile wrote a letter also to the same man. I will read it WASHINGTON, D.C., July 9, 1880. Hon. J. McGrew: SIR: In reply to yours of July 8th, relating to the Jennings case, I would state that I did not receive the money in manner and form as stated by one M.C. Rerdell, nor was the draft of J.W. Dorsey, on said route 40104, for the quarter named, to get an advance of money for myself or for my own use. At the time I receipted for my pay as subcontractor on said route I did not, in fact, receive any money, but did so receipt that J.W. Dorsey might negotiate his draft on said route, and for no other purpose. Although I was subcontractor of record on said route at the time named, I was not a subcontractor in my own behalf, but as trustee for J.W. Dorsey, S.W. Dorsey, Isaac Jennings, and others, to collect said money and pay it over as said parties should direct. I further state that all money that ever came into my hands from said route I did pay over to the parties named as trustee, as by them directed. Acting as trustee of said Jannings, and believing that he had performed the mail service on said route as by him agreed, and in accordance with the laws and regulations of the Post-Office Department, I did pay said Jennings, on the 1st day of April, 1879, the sum of $1,257.73, the sum of money he was entitled to provided he had carried the mail three days per week on the schedule required, which I fully believed at that time he had done, and for a long time after. Bank of Wisdom Box 926, Louisville, KY 40201 102 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL I further state that I am informed that said Jennings is not responsible; that it would be utterly impossible for me to receive back the $2,800, or any part thereof; that in fact this sum of money sought to be collected of me, if collected for said Jennings's benefit, or go into his hands in addition to the sum he now has unlawfully, doubly remunerating him for his neglect of duty. I further state that all the money collected on said route not paid to said Jennings was paid to liquidate the debts of J.W. Dorsey, S.W. Dorsey, and others previously contracted, and not one dollar ever remained in my hands. I further state I believe both J.W. Dorsey and S.W. Dorsey are irresponsible, and it would be impossible for me to collect any part of said money from them. As above stated, said money came into my hand only as their agent or trustee, and at once paid out as they directed; that my subcontract was put on file simply to enable J.W. Dorsey to negotiate his draft on said route, when in fact said Jennings was the real subcontractor. Said Jennings agreed to perform the service on said route strictly in accordance with the laws and regulations of the department, for the annual sum of $12,600.00, the duplicate of which contract was delivered over to S.W. Dorsey by myself, and which I believe is now in the hands of M.C. Rerdell, and which, or a copy thereof, I demand shall be filed with you in this case, that you may see what said Jennings agreed to do. This is certainly a strange claim. Jennings agreed to perform mail service on said route. I believed he had done it, and paid him accordingly. It turns out long after he did not properly perform the service, but was attempting a swindle, and a deduction is ordered for not performing the service properly. Then this man, the guilty party, having got money from me, as trustee, wrongfully, as well as from the Government, and asks that the Auditor compel me to pay him the sum of $2,800.00, when, as I am informed, he is seeking to get this same deduction remitted. Surely if he succeeded in all this he will make a good thing out of his rascality and I a good victim without remedy. I state again I did not hypothecate said draft for myself, did not receive one cent as subcontractor, but became the payee of said draft that said J.W. Dorsey might negotiate it, and I to dispose of the proceeds as he should direct, all of which I did. Therefore I request you not to compel me to pay the sum of money asked, but if I am liable at all let the parties seek their redress at law, where all the facts can be obtained and justice rendered me. And it is also well known that I am a man of means, and any judgment rendered against me could and would be, collected, dollar for dollar. I am, very respectfully, H. M. VAILE. That was introduced to show that at the time Vaile was in a conspiracy with S.W. Dorsey. Why did they introduce it? Simply for one line in it in which he says he was acting as the trustee of S.W. Dorsey. He was. How? Dorsey had advanced money. The routes Bank of Wisdom Box 926, Louisville, KY 40201 103 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL were liable, and the persons who held the routes had agreed to refund it. The sub-contracts were made to Vaile, and Vaile agreed out of the proceeds of the route to pay the debt to S.W. Dorsey. To that extent he was the trustee of S.W. Dorsey. Dorsey swears it. Vaile admits it, and we all claim it to be true. And yet they introduced that letter simply because that line was there. Now, gentlemen, I have read both of those letters, and I want you to remember them if you can, and tell, me whether at that time Vaile and Dorsey were in a conspiracy together to defraud this Government. And yet the Government introduced this letter just to prove that one thing, and no more. On the Julian and Colton route there is this peculiarity: The Government failed to prove the number of men and horses necessary on the original schedule for three-times-a-week service, and consequently we are left without any standard by which to judge,; without any standard by which to measure. On page 4685 Mr. Ker calls attention to the fact that the proposal marked 6P, originally contained an offer to carry the mail at thirty-six hours for seven thousand seven hundred and twenty-two dollars additional, but he states that the thirty-six was rubbed out and twenty-six was put in its place. That is, they offered to carry it in thirty-six hours for seven thousand and odd dollars, and then afterwards fraudulently, of course, rubbed out the thirty-six and inserted twenty-six. But they did not change the sum for which they offered to carry it. They offered to carry it in thirty-six hours for seven thousand seven hundred and twenty-two dollars, and afterwards they rubbed out the thirty-six and put in twenty-six, and then offered to carry it in twenty-six hours for seven thousand seven hundred and twenty- two dollars. The question arises, how did that hurt the Government? The question arises, was that a fraud? If it had been originally twenty-six hours and they had rubbed out those figures and put in thirty-six hours, then you might say the intention was to defraud the Government. But the proposition had to be accepted after that was done, and consequently in no event could the Government be defrauded by the change of the proposal before the Government accepted the proposal. I might say to a man, "I will let you have a house and lot for ten thousand dollars." He does not accept the proposal. Have I not the right on the next day to charge him twelve thousand dollars for it? Is that a fraud? If I tell him, "You may have it for ten thousand dollars," and he accepts, then, as an honorable man, I cannot change the proposal. But if I tell him he may have it for twelve thousand dollars and then afterwards tell him he may have it for ten thousand dollars, Mr. Ker calls that a fraud of two thousand dollars. If one of the jury should give me a contract to deliver one hundred horses for ten thousand dollars, and I should scratch out the one hundred and put in seventy-five, certainly you would not consider yourself defrauded. Or if I agreed to carry the mail in thirty hours for the Government for seven thousand seven hundred and twenty-two dollars, and then afterwards changed and said I would carry it in ten hours less time for the same price, can that be tortured into a fraud -- unless I might be indicted for defrauding myself? On page 4569 Mr. Ker says that Mr. Farrish, who was the subcontractor says: Box 926, Louisville, KY 40201 104 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL I always carried the mail in from six to ten hours before expedition. I carried the mail from Greenhorn to Pueblo. I did not stop at Saint Charles. On page 835 Mr. Farrish says he carried the mail for three months in 1881. That is the only time Farrish carried the mail. This route was expedited on the 26th day of June, 1879, and yet Mr. Ker says that Farrish carried the mail before it was expedited and carried it in from six to ten hour. Mr. Farrish did not carry the mail until about two years after it had been expedited. On page 4768 Mr. Ker, speaking of the two affidavits on the route from Pueblo to Rosita, laughs at the idea that the proportion was the same in both. Now, what is the proportion in both? One affidavit says that on the then schedule it would take eight men and horses; that is, the horses and men added together make eight, and that on the proposed schedule it would take twenty-four. Then they would be entitled to just three times the money they were receiving on the original schedule, because three times eight are twenty-four. Let me explain here what I mean by proportion. If I am carrying the mail with, say, four horses and two men, making a total of six, and if then that service is increased so that it takes twelve men and horses, I get twice the original pay; if it takes eighteen men and horses, I get three times the original pay. You understand that there is always a relation between the pay and the number of men and horses used. If I am using one man and one horse and am getting a thousand dollars for the service, and if it is expedited so that I have to use two men and two horses, I would get two thousand dollars. In the first affidavit they had eight men and horses. If they put up the service to what they were going to, it would take twenty-four. Three times eight are twenty-four. Then they would get three times the original amount of money. In the second affidavit he swears that it takes fifteen men and animals on the present schedule, and on the proposed schedule it would take forty-five men and animals. Three times fifteen are forty-five. Three times eight are twenty-four. You see that on both affidavits you get the same amount of money to a cent, because the proportion is absolutely and exactly the same. Yet Mr. Ker laughs at the idea of the proportion being the same. It took eight men and horses in the first affidavit on the present schedule, and twenty-four on the proposed schedule. There the contractor would be entitled to three times the original sum. In the next affidavit it took fifteen men and horses on the original schedule and forty-five men and horses on the proposed schedule. Again, he would be entitled to three times the original sum. On page 4579 Mr. Ker says the oath was put in for three trips. By looking at page 867 we find that it was for seven trips and not three. There is nothing like accuracy. On page 4580 Ker says that Brady had on the jacket before him the evidence that Hansom was a subcontractor at three thousand one hundred dollars a year, and the contract gave the contractor a clear profit of five thousand and forty-eight dollars. The fact is, that Brady's order was made on July 8, 1879. That order is on page 866. Hansom's subcontract was filed October 22, 1879, about three Bank of Wisdom Box 926, Louisville, KY 40201 105 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL month's after Brady's order was made. And yet Mr. Ker tells you that on that jacket when Brady made the order he had notice of Hansom's subcontract. Unless he had the gift of seeing into the future he knew nothing about it. He would have had to see into the future three months in order to have had it before him at that time. On page 4703 Mr. Ker says that the letter of J.W. Dorsey, written April 26, 1879, referred to the Perkin's affidavit as not putting the number of men and animals high enough. Let us see. Another case of arithmetic. The letter refers to Dorsey's statement transmitted with the letter. It could not be the way stated by Mr. Ker for the following reasons: The affidavit of Perkins said three men and six animals one trip a week on the then time. That makes nine. On one trip a week with the reduction to eighty-four hours, eight men and twenty-four animals would be required. That makes thirty-two. The proportion then gives three and five-ninths or three hundred and fifty-five per cent. increase of pay. That is the affidavit, he says, that Dorsey wrote out and said was not high enough, and then fixed up one that was. The affidavit that John W. Dorsey sent in the letter says that it will require for three trips a week on the then time four men and twelve animals, making sixteen; on the proposed schedule for the same number of trips eleven men and thirty-two animals, making forty-three. As sixteen is to forty-three -- that is, two hundred and sixty-nine per cent. increase of pay. Now, that letter, he says, claims that the Perkins affidavit did not put it high enough. I say that he did not refer to the Perkins affidavit. He could not say that did not put it high enough, because that put it at three hundred and fifty-five per cent., and the affidavit he inclosed in the letter, put it at two hundred and sixty-nine per cent. -- nearly one hundred per cent. less, According to Mr. Ker he was complaining that that affidavit was too low, and so he inclosed one, one hundred per cent. lower. That will not do. Besides all that the affidavit of John W. Dorsey is for forty-five hours, while the first affidavit, I believe, is for eighty-four hours. John W. Dorsey offers to carry it in forty- five hours for two hundred and sixty-nine per cent., and the other affidavit on the basis of eighty-five hours calls for three hundred and fifty-five per cent. Do you not see, gentlemen, it is utterly impossible to believe that? On page 4738 Mr. Ker again falls into mathematics. He says that Mr. Brady allowed on the Bismarck route for three hundred men and three hundred horses. I tell you this prosecution ought to go into the stock business. One hundred and fifty men and one hundred and fifty horses were called for by the affidavit. Now, Mr. Ker says when Brady doubled the trips he doubled the horses, and when he doubled the trips he doubled the men. That would make three hundred men and three hundred horses. If he had doubled the trips again he would have had six hundred men and six hundred horses, enough cavalry to have protected that entire frontier, Yet after all the Bismarck and Tongue River business, Mr. Vaile comes in and swears, on page 4062, that the loss on that route to Vaile and Miner was at least fifty thousand dollars; and Mr. Miner swears that the loss on the route was between forty and fifty thousand dollars. Vaile says if he had known at that time of the clause in the contract by which he could Bank of Wisdom Box 926, Louisville, KY 40201 106 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL have gotten out of it he would have abandoned the route, but that he had not read a contract for ten or twelve years. Now, as a matter of fact, gentlemen, and it seems to me the prosecution ought to be perfectly fair, Brady allowed only forty per cent. of the affidavit made in regard to the one hundred and fifty men and the one hundred and fifty horses, and yet according to Mr. Ker he allowed for three hundred men and three hundred horses; instead of allowing for forty per cent. of one hundred and fifty men and one hundred and fifty horses, he allowed for one hundred per cent. more. That would have run the pay up, I should think, to about a million dollars. Mr. Ker also says that Mr. Vaile swears that he induced Brady to give an extension to August 15th, and thereupon Mr. Ker makes the remarkable statement that Vaile did not do it; that Boone did it; I am very thankful for the admission. From that it appears that Boone was more potent with Brady than Vaile was. If he was, why did they have to get somebody close to Brady? Afterwards we are told, by Mr. Ker that Mr. Boone was kicked out to make a place for Vaile, so as to get a man close to Brady. Mr. KER. Will you tell me what page it was I spoke about Boone? Mr. INGERSOLL. It was Mr. Bliss. It is Mr. Bliss's turn to explain now. The notes that I have were handed to me by another, and I supposed referred to Mr. Ker. Mr. Bliss said: This, I think, can leave no doubt in the minds of any one that the extension was obtained by Mr. Boone. Mr. Bliss says that on page 4899, and so I will relieve Mr. Ker of that charge. Mr. KER. I am glad to be relieved of something. Mr. INGERSOLL. I do not want to do any injustice to Mr. Ker; between Mr. Bliss and Mr. Ker I am perfectly impartial. Mr. Ker attacks the affidavit made by Vaile on the Vermillion and Sioux Falls route. Let us get at the facts. The route was let as fifty miles long. that is the distance that was given in the advertisement by the Government. They wanted expedition on that route. The Government asked for it. Mr. Vaile asked if he could make the affidavit, and he made it, supposing the route was fifty miles long. He never had been over it. It turned out that it was about seventy-three miles long, and consequently the affidavit provided for too fast time. The affidavit called for ten hours. That made over seven miles an hour; or, including the stoppages, I presume about ten miles an hour The difficulty arose out of the mistake in the distance. Vaile so swears, on page 4030. He also swears that he went to the department and there saw Mr. Brewer, who was in charge of that bureau, or at least of that business, and it was Brewer who suggested to him to make the affidavit. Mr. Vaile did not ask for any expedition on that route. Mr. Brewer spoke to him about it. Mr. Vaile swears that Brewer spoke to him first. Mr. Vaile swears that he made the affidavit at the instigation of Mr. Brewer. Mr. Bliss says Brewer is an honest man, and calls him honest Brewer. Why did he not call honest Brewer to the stand and Bank of Wisdom Box 926, Louisville, KY 40201 107 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL let him deny that he asked Mr. Vaile to make that affidavit? The COURT. Yes. Mr. INGERSOLL. [Resuming]. If the Court please, and gentlemen of the jury, on page 4645 there is the letter from Miner to Carey. John Carey, Esq., Fort NcDermitt, Nev. Dear Sir: One S.H. Abbott, who was postmaster at Alvord, I find, by accident, is writing to the department that you do not pay your bills, and that there is no need of anything more than a weekly mail. I wish you would see this man at once and satisfy him; pay him whatever is reasonable and report to R.C. Williamson, at The Dalles. I suppose that is what he is after. He knows nothing of the through mail, and probably a weekly is all he needs; but more likely he wants some money. He complained once before to the department that he had to make a special trip to Camp McDermitt to make his returns, and I sent him thirty dollars, and it was all right. Now, I suppose, he wants a little more money. Yours, &c., JOHN R. MINER. That letter was introduced to show that there was a conspiracy between Miner and Brady; and yet when that man complained that the service was not put on at the time it should have been, and that he was postmaster, was forced to carry his returns to the nearest post-office, and consequently spent about thirty dollars, Miner sent him the money. why? Because he and Brady were not confederates; because they were not conspirators. For that reason he sent the man thirty dollars. The letter says, "The man that was postmaster." When this letter was written Mr. Abbott was not postmaster; he had ceased to be postmaster; Yet they have endeavored to impress upon you the idea that when this letter was written to Abbott he was then postmaster. He had written a letter, stating that a weekly mail was all that was wanted, and that Mr. Carey did not pay his bills. Mr. Miner wrote to Carey on that account, "The man is trying to make trouble. He tried to make trouble once before, and we sent him thirty dollars. He is not postmaster now. He has no official position. Go and see him. Give him what is reasonable, and tell him to mind his own business." why? If he had been in a conspiracy with Brady he would not care what Mr. Abbott wrote to the department. If he was absolutely certain there he would not care anything about it. But having no arrangement with the Second Assistant, having no arrangement of the kind set forth in the indictment, he did not want Mr. Abbott to write letters; he did not want Mr. Abbott to make trouble. That letter, instead of showing that there was a conspiracy, shows absolutely that there was not, and the letter was not written to him while he was an official. The man was not then postmaster. He simply had been. Bank of Wisdom Box 926, Louisville, KY 40201 108 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL The next point made by Mr. Ker is a very powerful point, that Mr. Vaile came from Independence, where the James boys came from, and where they steal horses. Suppose I should say that Mr. Ker comes from Philadelphia, the town that Mr. Phipps lives in, the man who stole the roof off of the poorhouse. Would there be any argument in that? Mr. Ker says that J.W. Dorsey wrote in his letter that the profits would be one hundred thousand dollars a year. That was a mistake. I turn to the letter and I find that it says one hundred thousand dollars in the life of the contract, and not one hundred thousand dollars a year. Mr. Bliss. Your Honor, I claim the right to call attention to the fact that Mr. Ker read the letter in full referring to the one hundred thousand dollars clear of expenses. He read it and then followed it by the statement of one hundred thousand dollars a year, which was obviously a mistake. Mr. INGERSOLL. That only makes it worse. After he had read the letter to the jury, and while the echoes of the letter were still in the courtroom, he then said one hundred thousand dollars a year, while the letter said one hundred thousand dollars within the life of the contract. Upon such statements, gentlemen, they expect to strip a citizen of his liberty. [To counsel for the Government.] You will have some work to do in a little while. It may be that Mr. Ker forgets these things. I do not say how it happened. Mr. Ker also tells you that Miner wanted to cut out S.W. Dorsey and J.W. Dorsey and Mr. Peck. Was that because he was a co- conspirator? He also tells you that Miner deserted his friend S.W. Dorsey. Was he at that time a conspirator? Mr. Ker tells you that S.W. Dorsey wanted to gratify his spite against Vaile and that the first thing he did after he got out of the Senate was to write that letter to the Second Assistant Postmaster-General against the subcontracts. Does that show they were co-conspirators? Did he want to gratify his spite because he had made a bargain with them by which they were to realize hundreds of thousands of dollars? Mr. Ker also says that Miner's letter to Tuttle shows the conspiracy. It is perfectly wonderful, gentlemen, how suspicion changes and poisons everything. Let me read you the letter from which Mr. Ker draws the inference that there was a conspiracy. It is on page 885: Washington D.C., August 19, 1878. FRANK A. TUTTLE, Box 44, Pueblo, Colo., Dear Sir: Yours 14th received. We accept your proposition, provided (so that there shall be no conflict) that a friend of ours, who, has recently gone to Colorado, has not made different arrangements before we can get him word. Bank of Wisdom Box 926, Louisville, KY 40201 109 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL The petition for expedition should be separate from the petition for increase of number of trips. We make no boast of being solid with anybody, but can got what is reasonable. Yours, truly, MINER, PECK & CO. You are told that is evidence of a conspiracy. Suppose the letter had been this way: "We boast of being solid. We can get anything, whether reasonable or not." That probably would have been evidence of perfect innocence. He writes a letter and says: We make no boast of being solid with anybody, but can get what is reasonable. They say that is evidence of conspiracy. Suppose he had written the opposite, "We do boast of being solid and we can get anything, whether it is reasonable or not." According to their logic that would have been evidence of absolute innocence. Whenever you are suspicious you extract poison from the fairest and sweetest flowers. Prejudice and suspicion turn every fact against a defendant. On page 4557 Mr. Ker tells us that Vaile never saw Peck, and yet had the impudence to write that his subcontract was signed by Peck in person. The subcontract is in evidence here. Nobody pretends that it was not signed by Peck, and yet that is brought forward as a suspicious circumstance against Mr. Vaile, because there is no evidence that Mr. Vaile ever saw Mr. Peck. Is there anything in a point like that? "My contract was signed by Mr. Peck in person." He does not mean by that that he saw him sign it. The evidence here is that it was signed by Peck, and yet the fact that he says Peck did sign it, and the fact that he had never seen Peck, Mr. Ker endeavors to torture so that you will think he wrote what he knew to be untrue. On page 3251 Mr. Ker says that Miner does not deny writing the letter marked 63E. This letter was dated the 10th day of May, 1879, and was on one of the Dorsey routes. Miner swears that he never signed a paper, never touched pen to paper on any of the Dorsey routes after the 5th day of May, 1879. Now, gentlemen, after having made all these statements to you, and I have only taken up a few of them, these misstatements, these mistakes, Mr. Ker winds up by telling you it is the safer plan to find a verdict of guilty, because if you find them guilty wrongfully the Court will upset your verdict. Gentlemen, you have sworn to try this case according to the law and the evidence. You are the supreme arbiters of this case. It is for you to decide upon this evidence, and for you alone. Yet you are told by Mr. Ker to shirk that responsibility. You are told by him to violate your oaths and find against these defendants, for the sake of certainty, and then turn them over to the mercy of the Court. That is not the law. These defendants are being tried before Bank of Wisdom Box 926, Louisville, KY 40201 110 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL you. They have the right to your honest judgment. If you have any doubt as to their guilt you must find them not guilty or violate your oaths. You are told it is the safer way to find them guilty and then let them appeal to the Court for mercy! That doctrine is monstrous. It is deformed. Such a verdict would be the spawn of prejudice, and cowardice, and perjury. You cannot give such a verdict and retain your self-respect. You cannot give such a verdict and retain your manhood! If you have any doubt as to the guilt of these defendants you must say they are not guilty. You have no right to turn them over to the Court, no matter whether the Court is merciful or unmerciful. You must pass upon their guilt, and you must do it honestly. I never heard so preposterous, so cruel a sentiment uttered in a court of justice. It amounts to this, gentlemen: If you have any doubt of guilt resolve the doubt against the defendant. If the evidence is not quite sufficient, find against the defendants and turn them over to the mercy of the Court. Why should we have a jury at all? Why should you sit here at all? Why should you hear this evidence, if after all you are to shirk the responsibility and turn the defendants over to the Court? You never will do it, gentlemen. Now, gentlemen, I wish to call your attention to a few points made by Colonel Bliss. You must remember that Colonel Bliss has been very highly complimented by his associates as a kind of peripatetic index of this case, an encyclopedia of all the papers; that he never makes a mistake; that he recollects amounts with absolute certainty, and that he is infallible. Keeping all these things in your mind, I wish to call your attention to some statements that he has made. First of all, I will refer to a little of his philosophy, or law, and that is, that in every affidavit you should state not the number necessary on the then schedule, but the actual number, and that there could be no doubt about the number of men and horses used at the time when an affidavit was made, and that consequently anybody making an affidavit should put in the number then actually used. Let us see how that will work. He says the oaths are false because they do not state the actual number of men and horses employed in carrying the mail at the time they were made. He says that the person making the affidavit, swore to the number actually employed, and that where that number was not employed that fact of itself shows the affidavits to be false. I say that is not the law. The law calls for the number necessary, not the number actually employed. Let me show how easy it would be to cheat the Government on the principle laid down by the gentleman. I will show you how infinitely silly that is. Let me illustrate. Here is a route one hundred and fifty miles long, once a week. You know it is possible for one man and one horse for a little while to carry that mail and to go one hundred and fifty miles one way and one hundred and fifty miles the other, making three hundred miles in a week. You can take a magnificent horse and a good, stout, tough man, and you can do it. The COURT. Or a boy. Mr. INGERSOLL. Or a stout, tough boy. The COURT. A boy would be best. Bank of Wisdom Box 926, Louisville, KY 40201 111 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL Mr. INGERSOLL. You do not need any boy, just one man and one horse will answer. The man can ride the horse one hundred and fifty miles in three days, and then ride one hundred and fifty miles back in the next three days. All you have to swear to, according to Mr. Bliss, is the number actually used, and so you would come in and swear to two on this route. Now, when you are making an affidavit as to the number to be used on a schedule to be made, you cannot swear to the number actually in use, because they are not then in use. You have to swear to the number necessary. You have to swear to the number required. Now, see. On a mail route one hundred and fifty miles long I would only want a good smart horse, and one good active man or boy. I would not need to carry it more than one week, because I could make the affidavit for that week, and then the question would be how many men and horses would be required for a daily mail on the same route. I would put in a reasonable number, and the difference between the number then actually used and the reasonable number to use would be the standard by which to fix my pay. If you take the man and horse actually used, and then take the number that would reasonably be used, you would make a difference of a thousand per cent. And yet that is the doctrine laid down here to guide us as to these affidavits. Let me tell you what the law is. It does not make any difference what you are really using at the time. You must swear to the number that would be reasonably necessary to carry the mail on the then schedule. You must swear to the number that would be reasonably necessary to carry the mail on the proposed schedule. In the first place, if you put a great deal of work on a man and horse, you must put the same proportion on man and horse in the second schedule. If you are easy on man and horse in the first schedule, you must be easy on man and horse in the second, The only object, gentlemen, is to keep the proportion, because you are to be paid according to the number of men and horses used. Now, they say it would be necessary to go out there in order to tell how many men and horses would be necessary, and that the men who made these affidavits had never been on the routes. There was no need of being on the routes. I could give you the number required on any route two hundred or five hundred miles long. I could give you the number of men and horses reasonably required to carry the mail once, twice, three times, or seven times a week; and I could give you the number reasonably required to carry it at the rate of three miles an hour or five miles an hour or six miles an hour without going there. I need not go there for the purpose of the affidavit. I can take it for granted that the road is good and level, and I can keep exactly the same proportion and nobody can be defrauded. If you take the rule of Colonel Bliss it would be the easiest thing on earth to defraud the Government. That would be by taking the actual number in use and then taking the number necessary. On page 4761 Mr. Bliss makes the point that according to law the Second Assistant Postmaster-General was not bound to allow according to the affidavits. He is right as to that. That is what Mr. Bliss says, and that is what John W. Dorsey swore he thought, Bank of Wisdom Box 926, Louisville, KY 40201 112 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL and that is what Mr. Thomas Brady swore he did. He did not take the affidavit as a finality. Mr. Thomas J. Brady said that he took it for granted that the man, when he made the affidavit, thought it was true, and that the man, when he made the affidavit, swore to the best of his knowledge and belief. But Thomas J. Brady never swore that he considered himself bound by the affidavit. On the contrary, he swore that he had a standard in his own mind, and that expedition was to cost thirty dollars a mile, or something of that kind. He went by that standard, and he gauged the affidavits by it. On page 4762 Mr. Bliss says that Brady admitted that he made no inquiry as to the truth of affidavits, and that he accepted them as absolutely conclusive. On page 3434 Mr. Brady swears; I accepted their statement as conclusive so far as they knew. Brady also swears that he had his standard in his own mind, as I said before, and that he had an opinion of his own, and that by that standard and opinion he was governed. On page 4765 Mr. Bliss charges that Brady took the oath of Perkins on route 38113 as the basis for the expedition. Mr. Turner's calculation on file shows that that affidavit was not the basis of the calculation. Mr. BLISS. Your Honor, allow me to say that subsequently I stated to the Court and to the jury distinctly that while the indorsement on the jacket recited the Perkins affidavit as being the one used, or the affidavit of the subcontractor, and while Mr. Brady transmitted to Congress that Perkins affidavit as the one upon which he acted, I still believed that the calculation showed that he used the other affidavit. Mr. WILSON. He never made that statement until he made it during the progress of my argument when I was discussing that very point. Mr. BLISS. You are mistaken. Mr. MERRICK. He made it while I was here and I was not here during Mr. Wilson's argument. Mr. INGERSOLL. If he has taken it back three times, that is enough. On page 4766 Mr. Bliss charges Brady with having two affidavits on the Pueblo and Greenhorn route, from John W. Dorsey, on the same day. Mr. BLISS. Mr. Henkle called my attention to the fact that it was not the Greenhom route, but the Pueblo and Rosita route, and I corrected it. Mr. INGERSOLL. Good enough. I did not know about his taking it back. I was not here at the time. The fact was, however, that only one affidavit was ever filed, and that was an affidavit, not by J.W. Dorsey, but by John R. Miner. Mr. BLISS. There were two on the Pueblo and Rosita route by John W. Dorsey. Bank of Wisdom Box 926, Louisville, KY 40201 113 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL Mr. INGERSOLL. We will come to them. You will get tired of them before we get through with them. On page 4767 Mr. Bliss refers to two affidavits. The first affidavit, the one not used, calls for three men and seven animals on the then schedule. That makes ten. On the proposed schedule of eighty hours it called for nine men and twenty-seven animals. That makes thirty-six. The proportion then in this affidavit is 3.6, that is, the pay would be 3.6 times the original pay. In the second affidavit five men and fifteen animals, twenty in all, are called for on the then schedule, and on the proposed schedule twelve men and forty-two animals. The proportion there is 2.7. So that the affidavits, leaving out the fractions, which are substantially the same, stand in this way: By the first the contract price would have been multiplied by three and the contractor would have had three times the original pay, and by the second he would have had twice the original pay. Substituting an affidavit at only double the pay is called a fraud, because they withdrew an affidavit for treble the pay. That is what Mr. Bliss calls a fraud. He says still that it is a fraud. Now, then, there were two affidavits, and these two affidavits, gentlemen, Mr. Bliss well knew were filed on different schedules. The first affidavit was filed on a proposed schedule of eighty hours. The second affidavit was filed on a proposed schedule of fifty hours. The affidavit agreeing to carry the mail in fifty hours offered to do it at double the pay. The affidavit on eighty hours wanted three times the pay, or substantially that. One was 3.7 and the other was 2.6. just think of trying to make that a fraud on the Government. Suppose they had filed a third affidavit and offered to carry it for nothing. That would have been carrying a fraud to the extreme. Mr. BLISS. Your Honor, with reference to that, I said, expressly referring to these two affidavits: It is not a question of proportion. The question is whether the mere existence of those double affidavits did not give Brady conclusive notice that the man who could make those affidavits was not a reliable man, because no matter what the time was to which it was to be increased, he stated the number necessary on the then schedule, as so and so in one affidavit and in the other he stated the number differently. I referred to it solely in that connection, as the language shows on the page referred to. Mr. INGERSOLL. For instance, a man writes, "You owe me five hundred dollars according to my books", and writes the next day, "I have made a mistake. You don't owe me anything." Mr. Bliss insists that the second letter would show that the man was not to be relied upon. That is his idea of honesty. If in the first letter he had written that I did not owe him anything, and in the second letter I did, that might be suspicious. But when in the first he writes that I owe him and in the second that I do not, there can be no suspicion as to his honesty. In the first affidavit this man stated so much, and in the second affidavit he put it one-third less, That simply shows the man was paying attention to it and wanted to make an honest offer. And yet everything in this case is poisoned with prejudice and suspicion. Bank of Wisdom Box 926, Louisville, KY 40201 114 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL Another point: Mr. Bliss, on page 4770, says that on the Pueblo and Rosita route the number of trips was seven and that there was no increase. Upon that statement he bases an argument of fraud. The argument is that there was no increase of trips. Now, on page 866, the order shows that in the first place there was one trip a week and there were six trips added. That makes seven. The original pay was three hundred and eighty-eight dollars. Six trips were added, and the value of the six trips, which gave two thousand three hundred and twenty-eight dollars of additional pay. Yet Mr, Bliss tells you that there was no increase of trips. As a matter of fact, six trips were added, and that was all that could be added. Mr. BLISS. Were they added coincidently with the affidavit for expedition? Mr. INGERSOLL. You say they were not added; I say they were. Mr. BLISS. No, sir; I said at the time of the expedition there was no increase of trips and the affidavit was based upon the seven trips. Mr. INGERSOLL. I say that at that time there was an increase. Mr. BLISS. Your Honor, the point is this: I think I am right in saying that the increase of trips took place after the expedition. That is my recollection about it. I have not referred to the record. I think Colonel Ingersoll will find that is so. Mr. INGERSOLL. We Will see whether you are right. At the time the affidavit was made there were just three trips, and afterward there were four trips added. Let us get it exactly right. I read from page 866: Date, July 8, 1879. State, Colorado. Number of route, 38134. Termini of route, Pueblo and Rosita. Length of route, fifty miles. Number of trips per week, one. Mr. BLISS. I see you are right. The trips were increased. Mr. INGERSOLL. When anybody gives it up I will stop. That is fair and that is horrible. Now, the next point. On page 4771 Mr. Bliss says that the oath on the Toquerville and Adairville route was made for seven trips, although the order only gave them six trips, of course the inference being that they got as much pay for six trips as they were entitled to for seven trips. On Page 3290 the original order was for one trip. Two trips were added. Look on page 949 and you will find that more trips were added. The second order increased four trips, and that made seven in all; and yet Mr. Bliss makes the statement that there were only six. That is another mistake. Another Point. On page 4772 Mr. Bliss states that Mr. Rerdell spoke in his testimony about J.B.B. I have referred to that, I have referred before to the claim that Rerdell was sustained by the testimony of Mr. Bissell. As a matter of fact, I do not remember Bank of Wisdom Box 926, Louisville, KY 40201 115 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL that Mr. Rerdell ever said one word in his testimony as to charging anything to J.B.B. Ninth point. At page 4778 Mr. Bliss states that Dorsey admitted in his letter to Anthony Joseph that the average rate for mail service on star routes was only five dollars a mile. Mr, Dorsey says in his letter no such thing. He says the "average cost of horseback service"; he does not use the language employed by Mr. Bliss, "The average rate for mail service on star routes," but he says, "The average cost of horseback service." That is a small point, but it shows how anxious the gentlemen are to get the thing fully as big as it is. Tenth point. At page 4783 Mr. Bliss Says that Brady cut off forty-nine thousand dollars of increase on the Mineral Park and Pioche route on the 22d of January, 1879, because the mail bills showed so little business. That is another mistake. The order cutting off the forty-nine thousand dollars was made on the 22d of January, 1880, not 1879. I mention this simply for the sake of accuracy. Eleventh point. At page 4785 Mr. Bliss Says that the mail bills on the Silverton and Parrott City route showed that Brady ran the service up from seven hundred and forty-five dollars to fourteen thousand nine hundred dollars and that the fourteen thousand nine hundred dollars was afterwards increased to thirty- one thousand three hundred and forty-three dollars and seventy-six cents. The record shows nothing of the kind (see pages 1894-'5). The original pay was one thousand four hundred and eighty-eight dollars (page 1854). The pay under the order of June 12, 1879, was six thousand five hundred and twelve dollars and twenty-eight cents (page 1855). No other increase was ever made. On page 1855 is the increase and expedition, being in all fourteen thousand eight hundred and eight dollars and sixty three cents. The original pay was one thousand four hundred and eighty-eight dollars. A little change was made in the route that brought it up to one thousand seven hundred and three dollars and sixty-five cents. That, together, with the expedition, makes a total of sixteen thousand five hundred and twelve dollars and twenty-eight cents. And yet Mr. Bliss told you that it was thirty-one thousand three hundred and forty-three dollars and seventy-six cents. So that this encyclopedia of the papers made a mistake, in one year, of fourteen thousand eight hundred and thirty-one dollars and forty-eight cents. For the whole contract time it would be a mistake of forty- five thousand dollars. And yet, strange as it may appear, that mistake was made against the defendants. Well, let Us go on. Twelfth point. On page 4800, bottom line, Mr. Bliss says: They got so much in the way of offering petitions that Mr. Rerdell being told by Stephen W. Dorsey, upon this route from Pueblo to Greenhorn, to go to work and alter the petitions, inserted the words "and faster time." As to this petition, 7B, in which are the words "and faster time," George Sears swears, at pages 829 and 830, that it is in the same condition now as when it was signed by him, he thinks. Thereupon Mr. Bliss told you that he was mistaken in the paper. You must recollect these things. Box 926, Louisville, KY 40201 116 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL Mr. BLISS. Are there not two petitions there altered? Mr. INGERSOLL. That is on another route. There were 7B, 11B, and 12B. 7B was the written paper, and you introduced 11B and 12B. One said "quicker time," and one said "on faster schedule," and yet in the very next paragraph they asked to have it run in eight hours. Mr. Rerdell had to admit that he put in the words without knowing what the petition called for, and that Dorsey instructed him to put them in. Mr. BLISS. Your Honor, in the very same paragraph, the very line, where I said "faster schedule," I called attention to the fact that the words were unnecessary. Mr. INGERSOLL. That is not the only point. The point is, who wrote "faster time"? Mr. BLISS. That is not what I said. You have not given the whole sentence. Mr. INGERSOLL. You cannot expect me to read your whole seven days speech. That would be too much. This is what you said: They got so much in the way of altering petitions that Mr. Rerdell being told by Stephen W. Dorsey, upon this route from Pueblo to Greenhorn, to go to work and alter the petitions, inserted the words and faster time." That is it exactly. Mr. BLISS. Then follows this: He inserted "and faster schedule" "on quicker time," though there was not any necessity for doing that, because if they had gone further down, after some argument in the petition, to the request for expedition, they would have seen that there was no necessity for that little forgery up there. Mr. INGERSOLL. That is a magnificent admission. "There was no necessity for" putting that in. I am glad he admits that. He would ask you to believe that S.W. Dorsey, a man of intelligence and brains, would ask to have a petition forged, altered, interlined, without knowing what was in that petition. It will not do, gentlemen. Thirteenth point. At page 4810, Mr. Bliss says that McBean told Moore, in reference to route NO. 44140, Eugene City to Bridge Creek, "that he could carry all the mail in his pocket." Now, as a matter of fact, Mr. McBean does not state any conversation with Moore covering this route. That was another mistake. No matter. Fourteenth point. At page 4814, Mr. Bliss, in speaking of the Ojo Caliente route, says the service in fact never was performed in fifty hours; that the evidence of that is conclusive. Now, let us see. Here is a jacket on page 3008, and that jacket shows that out of seventy-eight half trips, expedition was lost on twenty-three Bank of Wisdom Box 926, Louisville, KY 40201 117 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL and made on fifty-five. Yet Mr. Bliss tells you it never was made. The jacket on page 3040 shows that expedition was lost on twelve half trips and made on sixty-six. And yet Mr. Bliss says it was never made. The jacket on page 3056 shows that at the time they were carrying seven trips a week, nineteen expeditions were lost out of one hundred and ninety-two half trips. And yet Mr. Bliss says the fifty-hour schedule never was made. Another mistake. Mr. BLISS. That is long after the time I was referring to. As to the other point, I simply repeat it. Mr. INGERSOLL. It will not help it to repeat it. For every expedition lost on this route or any other the Government did not pay. When the expedition was lost, the pay was deducted; when the expedition was made the pay was given, and not otherwise. You see, gentlemen, how they have endeavored to get the facts before you; what a struggle it has been over all these obstacles -- lack of memory, the immensity of this record -- how they have climbed the Himalayas of difficulty; how they have gone over the Andes and Rocky Mountains of trouble to get at the facts! Fifteenth point. On page 4820 Mr. Bliss states that there could not have been legally allowed, on the evidence on The Dalles route, on expedition over $4,144. As a matter of fact, the evidence does not cover the whole route as to the number of men and horses used. The Government never proved the number of men and horses necessary to carry the mail over the whole route, but only a part. Mr. Ker admits that the evidence is defective in that regard. When you have no standard, gentlemen, you cannot measure. Sixteenth point. On page 4820 Mr. Bliss, in speaking of the route from Eugene City to Bridge Creek, says that, taking the undisputed facts as they were, before and after the expedition, Brady could not legally have allowed more than $2,991.23. The evidence is (page 1343) that Wyckoff was the subcontractor from July 1878, to 1880. Powers first carried the mail in 1880. The route was increased and expedited in June, 1879. Mr. Powers never carried it from the expedition. Mr. Wyckoff was the only man who did that, and Mr. Wyckoff was not called. Consequently there was no evidence as to the number of men and horses used on either schedule. That left the gentleman without a standard and without a measure. Seventeenth point. On page 4820 Mr. Bliss says that on the Silverton and Parrott City route the oath was made for seven trips a week on the present schedule, when it ought to have been two trips on the old schedule and seven trips for the new schedule. As there is no evidence as to the number of men and horses used on the old schedule, of course there is no evidence in this record to impeach that oath; you cannot find it. Eighteenth point. On page 4822 Mr. Bliss states that after the passage of the act of April 7, 1880, there were two increases upon the white River route. The fact is there was just one after the passage of that law. Of course a little mistake like that does not make much difference in a case of this magnitude. Bank of Wisdom Box 926, Louisville, KY 40201 118 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL Nineteenth point. On Page 4824 Mr. Bliss states that Raton was put on the Trinidad route April 24, 1879 (page 1031), The office was embraced on the routes July 1, 1878. The first order in reference to it was made June 6, 1878. It was put on the route from July 1, 1878, increasing the distance twenty-three miles. Yet Mr. Bliss tells you that it was put on the route April 24, 1879, Mr. BLISS. Is not that the date of the order? Mr. INGERSOLL. It may have been the date of your order. Mr. BLISS. Is not that the date of the order in the case? Mr. INGERSOLL. I do not know anything about that. I give you the exact facts. Twentieth point. On page 4825, Mr. Bliss, in speaking of the Ojo Caliente route, charges that by the order increasing the trips on this route in February, 1881, there was paid from the Treasury illegally two thousand and eleven dollars and forty-six cents. As a matter of fact had we been paid for that entire quarter it would have amounted to seven thousand one hundred and thirty-nine dollars and forty-one cents. The pay was not adjusted until April 22, 1881 (page 731). The amount that was then paid was not seven thousand one hundred and thirty-nine dollars and forty-one cents, but it was three thousand seven hundred and twenty-seven dollars and twenty- two cents. It was not for the entire quarter, but simply for the actual service rendered. The quarterly pay for the preceding quarter, before the expedition, was three thousand three hundred and fifty-eight dollars and twenty-six cents; showing that we received only for that quarter an excess, on account of expedition, of three hundred and sixty-eight dollars and ninety-six cents. But he told you that we got illegally two thousand and eleven dollars and forty-six cents. That is a small matter. Twenty-first point. On page 4897, Mr. Bliss says in effect that Dorsey undertook to state that he kept no books; that he was doing a business amounting, I think he says, to six million dollars a year, and yet he kept no books, On the contrary, Dorsey swore that he did keep books; on the contrary, be swore that Kellogg was his book-keeper. Kellogg swore that he did keep the books. Torrey swore that he was his book-keeper, and kept the books, And yet Mr. Bliss stood up before this jury and said to you that Mr. Dorsey wanted you to believe, or stated that he kept no books of that immense business. It will not do. No books but the red books, I suppose, were kept. Twenty-second point. At page 4883, Mr. Bliss says that in regard to one of Vaile and Miner's routes (Canyon City to Fort MeDermitt) there were large profits, amounting to twenty thousand dollars a year. Then he says eighty thousand dollars during the four years. And yet Mr. Bliss knew at that time that that expedition lasted only eleven months. Trying to fool the jury about sixty-two thousand dollars. Twenty-third point. On page 4815 Mr. Bliss states that the fines on the Bismarck and Tongue River route, during Brady's administration, were only thirteen thousand dollars. If you will Bank of Wisdom Box 926, Louisville, KY 40201 119 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL look at page 727 of this record, where the table is put in evidence as to the fines, you will find that he deducted from the pay twenty-nine thousand two hundred and twenty-four dollars. Mr. Bliss made a mistake of sixteen thousand two hundred and twenty-four dollars. But in a case like this that is not important. Gentlemen, you know you cannot always be accurate. Mr. Bliss is an accurate man, as a rule. He has been called the index of this business for the Government. Twenty-fourth point. On page 4987 Mr. Bliss says: The one fact of the evidence of the payment of money by Dorsey to Brady remains the same whether the books were put out of the way by Dorsey or by Rerdell. That is the great central point, so far as the books were concerned; and as to that the testimony is absolutely uncontradicted, Mr. Brady swears that Dorsey never gave him a dollar. Dorsey swears that he never had a money transaction with Brady amounting to one cent. Mr. Rerdell does not pretend to swear that he knows of Mr. Dursey having paid a dollar to Mr. Brady. He does not pretend to swear that he knows of any one of these defendants having paid one dollar to Mr. Brady. And yet Mr. Bliss will tell you that the fact that Dorsey paid Brady money is uncontradicted, Mr. BLISS. I did not intend that, Colonel Ingersoll. I do not think it is capable of that interpretation. Mr. INGERSOLL. What did you mean? Mr. BLISS. As to the statement being in the books it is uncontradicted. Mr. INGERSOLL. Let me see. He now turns and says he did not mean the money, he meant the books. The evidence is overwhelming on our side that the books did not exist. When you deny the existence of the book I take it you deny the existence of any item in it. It is a question whether any such books ever existed, gentlemen. Rerdell swore in the affidavit of June 20, 1881, and he swore to that affidavit three times hand-running, that no such books existed. He swore substantially the same thing on the 13th of July, 1882. He told Mr. French that no such books ever existed. He told Judge Carpenter that no such books ever existed. He stated to Bosler that no such books ever existed. And now this gentleman says the evidence is uncontradicted that Brady was charged in those books. That is a good deal worse than the other. Let us go on. Twenty-fifth point. At page 4962 Mr Bliss says that Mr. Dorsey, according to his own statement -- Had brought Rerdell up and led him to infamy. Did Dorsey make any such statement? Did Mr. Dorsey, gentlemen, in your presence, swear that he had brought Rerdell up? Did he, in your presence, swear that he had led him to infamy? Did he, in your presence, swear that he had done anything of the kind? I have got the exact words. Bank of Wisdom Box 926, Louisville, KY 40201 120 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL Who, according to his own statement, he, Dorsey, had brought up, had led to infamy, and who, according to his own statement, had stated that MacVeagh had told a lie. A curious use of the English language. I believe it is in that connection, though, that he speaks about Mr. Dorsey having the impudence to go to the President of the United States. That is not a very impudent proceeding. In this country a President is not so far above the citizen. In this country we have not gotten to the sublimity of snobbery that a citizen cannot give his opinion to the President; especially a citizen who did all he could to make him President; especially a citizen in whom he had confidence. Not much impudence in that. I do not think that during the campaign General Garfield would have regarded it impudent on the part of Mr. Dorsey to speak to him. I do not believe in a man, the moment he is elected President, feeding upon meat that makes him so great that the man who helped put him there cannot approach him, and every man who voted for him helped to put him there. I am a believer in the doctrine that the President is a servant of the people. I have not yet reached that other refinement of snobbery. Mr. BLISS. In point of fact, Colonel Ingersoll, I made no such statement. Now let me read the passage on the very page you refer to. Patched up the affidavit of Mr. Rerdell, addressed it to the President, admittedly went to the President with it, and then had the impudence to come here and malign the character of General Garfield by saying that upon that affidavit of an accused man, instead of seeking a trial, he would have removed two members of his Cabinet. I meant nothing about the impudence of going to the President. Mr. INGERSOLL. He had the impudence then to come here and malign Garfield by saying that upon that statement he would have turned out two members of his Cabinet. That is Mr. Bliss's idea of impudence; and yet, upon the testimony of the same man, he wants to put five men in the penitentiary, Mr. BLISS. Not upon the sole testimony, I suppose. Mr. INGERSOLL. Not upon the soulless testimony. Now, I think that Mr. Dorsey had a right to go and see Mr. Garfield. I think he had a right to take that affidavit with him. General Garfield was told what this man had said concerning Mr. Dorsey. He had the right to take that affidavit of that man with him so that General Garfield, or the then Attorney-General rather, might know how much confidence to put in the statement of that man. He had a right to do that. If he found in this way that his Attorney-General and his Postmaster-General were seeking to have a man convicted by means not entirely honorable, then it was not only his privilege, but It was his duty to discharge them from his Cabinet. But I am not saying anything in regard to them now, because they are not here to defend themselves. Mr. BLISS. I want to correct myself. Further down on that page I see I did refer to the impudence of this man going to Garfield, Bank of Wisdom Box 926, Louisville, KY 40201 121 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL Mr. INGERSOLL. Well, as Mr. Bliss has been fair enough to state it, I will not follow up my advantage. On another page Mr. Bliss says that the idea that Mr. Vaile did what he did for Miner out of any sympathy is "too thin." Mr. Bliss cannot believe that Vaile became Miner's friend so suddenly, but he thinks it highly probable that they conspired instantly. That is his view of human nature. Friendship is of slow growth; conspiracy is a hot-house plant. Gentlemen, is that your view of human nature, that a man cannot become the friend of another suddenly? Whenever he does become his friend the friendship has to be formed suddenly, does it not? There is a first time to everything. A moment before it did not exist; a moment afterwards it is dead very suddenly. There was a boy came to town one morning and met an old friend. The old friend asked the boy, "How is your father?" He says, "Pretty well, for him. "How is your mother? Pretty well, for her." "Well, how is your grandmother?" "She is dead," "Well," says the old man, "she must have died suddenly." "Well," said the boy, pretty sudden, for her." Whenever one man becomes the friend of another, a moment before that he was not, and a moment after he is. It must be sudden. But I imagine that there was a friendship sprang up between Vaile and Miner, and I will tell you why. They have been partners ever since. You, gentlemen, have had the same experience a thousand times. It is not necessary to conspire with a man in order to like him. Neither is it necessary to like him to conspire with him. Men have conspired without friendship a thousand times more, probably, than they have formed friendships without conspiracy. Mr. Bliss says that because Miner failed to produce the power of attorney that Moore swore was given to him when he went West, the jury have a right to infer that instructions to get up false petitions were in writing and were included in that power of attorney. Mr. Moore did not swear to the contents of that power of attorney. Do you think that it is within the realm of probability that a man ever gave a power of attorney to another and inserted in it: "Yon are hereby authorized to get up false petitions; you are further authorized to have them so written that you can tear them off and paste others on? "N.B. You will make such contracts with all contractors. "P.S. Don't tell anybody." There was another witness in this case, Mr. Grimes (page 808). Not the one that wore the coat -- All buttoned down before -- but Mr. Grimes, postmaster at Kearney, He came all the way here to swear that he stopped using mail bills on the route from Kearney to Kent because he was so ordered by a letter from the Post-Office Department. Then it was discovered that he did not have the letter with him; he went home to get the letter, but he never came back any more. Bank of Wisdom Box 926, Louisville, KY 40201 122 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL We introduced Spangler (page 341) from the inspection division of the Post-Office Department; I think he was in charge of that division. He swore, as a matter of fact, that there never were any mail bills on that route at all. Mr. CARPENTER. He was in charge of the mail bills on that route. Mr. INGERSOLL. The mail bills on that particular route. That man Grimes was brought clear here to prove that he stopped using mail bills, and then we proved that there never were any mail bills used on that route for him to stop using. I do not suppose that that man was dishonest. These people just got around him and talked to him until he "remembered it." They just planted the seed in his mind, and then came the dew and the rain and the lightning until it began to sprout and in time blossomed and bore fruit -- mail bills. When we come to find out that there never were any mail bills used, away went Mr. Grimes. On page 4969 Mr. Bliss says: They have not, up to this moment, dared to state under oath, I think, that those books are not in their possession. On page 3784 Dorsey swears that he never received any book . Never saw any such books. He Swore again and again that he never heard of any such books. Mr. BLISS. I stated distinctly that the defendants had not stated that in the form required to excuse them from the production. I stated that distinctly. Mr. INGERSOLL. All right; away goes that. On page 4983 Mr. Bliss says: Is it not an absurdity to suppose that Dorsey would leave Rerdell in charge of his business from JulY, 1879, to August, 1880, and then on from that time until the close of the contract term in August, 1882, leave all the business in that way, and then through Bosler settle the accounts with Mr. Rerdell and have no knowledge in any way, not only of the entries contained in the books which Rerdell kept, but have no knowledge that he kept any books whatever? Is it not absurd to suppose any such thing? These ten routes represented an income of two hundred and fifty-odd thousand dollars a year, or a total business, including income and outgo, of five hundred thousand dollars a year, for three years, going no further than that. These ten routes alone represented transactions amounting to half a million dollars a year. There were one hundred and thirty routes and Mr. Dorsey took one-third in value if not in number. If the value was the same, Mr. Dorsey took not less than forty routes. As ten routes involved a business of one million five hundred thousand dollars in that period, the forty routes involved in that proportion transactions amounting to six million dollars. You made a calculation on the supposition that all the routes were expedited the same as those in the indictment, and when you made that calculation you knew they were not expedited. Bank of Wisdom Box 926, Louisville, KY 40201 123 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL Mr. BLISS. I object, your Honor, to his making any such statement as that. In the first place, it is not evidence; and in the second place, which is of more importance, it is not true. I did not know any such thing, and I do not know any such thing. Mr. INGERSOLL. Do you say now that the other routes of his, to the number you talked of, were expedited? Mr. BLISS. I am not on the stand to be cross-examined now. But I do say to your Honor that there is no evidence of that in this case. And then I go beyond that, and say that I did not know those things then and I do not know them now. Mr. INGERSOLL. Very well he made the argument on the supposition that all the routes were expedited. I say that not one of them was expedited in which Mr. Dorsey had an interest. Mr. BLISS. There is no evidence on that subject. Mr. INGERSOLL. Is there any evidence of what you say? Mr. BLISS. I put a supposititious case; you have stated a fact. Mr. INGERSOLL. I Will put another supposititious case, and mine is that the other routes were not expedited. The COURT. That is the right way to meet it. Counsel ought not to turn to counsel on the other side and make an appeal to his knowledge in regard to matters not in evidence. Mr. INGERSOLL. I know, but he said he did not know it. Then I asked him, as a matter of fact, if he did not know --- The COURT. [Interposing.] He stated his supposition, and you met that supposition --- Mr. INGERSOLL. [Interposing.] I am always glad to get information. Now, then, I will go to another point, and that is the $7,500 check. Mr. Bliss speaks of that check at page 4997, and he says: There is a question raised as to whether it was drawn in Mr. Rerdell's presence. I do not think there was. How could such a question be raised, gentlemen? The check was made payable to M.C. Rerdell, or his order. On the back of the check is Mr. Rerdell's name put there by himself. He is the only indorser. And yet Mr. Bliss tells you that there is a question raised as to whether the money was drawn in Mr. Rerdell's presence or not. The check shows, and the evidence is absolutely perfect, that the money was paid to Rerdell in person. The question is this: Whether it was drawn in Mr. Rerdell's presence. If it was paid to him in person, I imagine that he was in that neighborhood at that time. The check was written by him, everything except the signature of Dorsey. It was drawn to Mr. Rerdell, or order, and indorsed by Rerdell himself. There was no Bank of Wisdom Box 926, Louisville, KY 40201 124 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL other indorser. So that it is absolutely certain that he drew the money in question. And yet Mr. Bliss says the question is whether it was drawn in Rerdell's presence or not. Mr. Bliss continues and states that the money went to S.W. Dorsey. Did it? Mr. Dorsey, on page 3965, states the circumstances. He was packing to go away. He had not the time to go to the bank himself. He had the check written payable to Mr. Rerdell, or order, and he signed it. Rerdell went to the bank, got the money, brought it back and put it in his carpet-sack. That is the testimony. Now, Mr. Bliss says: No evidence was given as to what Stephen W. Dorsey was wanting just at that time with seven thousand five hundred dollars in bills. According to Mr. Rerdell, he wanted that money to give to Mr. Brady. That is what Mr. Rerdell intended to swear. But when he found that that check was made payable to him, and indorsed by him, then they had to take another tack. They dare not say then, "That is the check." They dare not say then, "That is the money." Rerdell had forgotten at the time he swore that that check was payable to his order. When he told his seven thousand dollar story to MacVeagh he forgot about that check. When he told it to the Postmaster- General, if he did -- I have forgotten whether he did or not -- he forgot about that. Now, gentlemen, I will call your attention to the part to which I really wish to direct your attention. It is an admission by the Government, an admission by Colonel Bliss; it is in these words, on page 4997, speaking of this very thing: However that may be, they themselves put in a check here for seven thousand five hundred dollars, drawn about the time Mr. Rerdell spoke of, the money upon which admittedly went to Stephen W. Dorsey, though there is a question raised as to whether it was drawn in Mr. Rerdell's presence or whether it was not drawn by him. But the money went to Stephen W. Dorsey, and there was a promise made to show you what was done with that seven thousand five hundred dollars. But, like many another promise in this case, it remains unfulfilled to-day. No evidence was given as to what Stephen W. Dorsey was wanting just at that time with seven thousand five hundred dollars in bills. Mr. Dorsey offered to tell you what he did with it, and you said you did not want it; you did not want to know when he was on the stand. He offered to tell you what he did with the money, and you would not take his statement. Hear what he says: Mr. Dorsey was not taking seven thousand five hundred dollars in bills to the West. How do you know? Who ever told Mr. Bliss that he was not taking seven thousand five hundred dollars to the West? He must have got that from Mr. Rerdell. May be that is the reason they would not allow Dorsey to tell, because before that time they had been informed that he would swear that he took the seven thousand five hundred West. How else did Mr. Bliss find this out? Box 926, Louisville, KY 40201 125 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL It is not in the evidence, not a line. Somebody must have told him. Who could have told him? Nobody, I think, except Mr. Rerdell. Is it possible, then, that Mr. Bliss was afraid that Mr. Dorsey would swear that he took it West? And was he afraid also that you would believe it? I do not know. He did not want him to state. Now here is what I want to call your attention to: After all the talk about that evidence, all the talk about the seven thousand dollars, all the talk about the seven thousand five hundred dollar check, Mr. Bliss at least, admits to this jury Of course all that transaction might have occurred precisely as Mr. Rerdell testified, and there might have involved no corruption on Mr. Brady's part. If, then, it may have occurred exactly as Rerdell swore, and involved no corruption, certainly it might have occurred as Mr. S.W. Dorsey swore and involved no corruption. I will go on now with a little more from Mr. Bliss: The drawing of the money and going to Mr. Brady's room might have been a mere accident, as a call there to attend to some other business. Of course, that is reasonable. I might go the bank and draw five thousand dollars, and then I might stop in the Treasury Department, but that is no evidence that I am bribing the Secretary of the Treasury. I might step over to see the President; that would be no reason to believe that I bribed the Executive. Of course that is not conclusive. It is only a little straw in this case, as showing a transaction of that kind involved in connection with all the evidence you have in this case -- A little straw evidence of Mr. Brady's acts, and particularly as at the time when that occurs evidence in connection with the large increases which Mr. Brady was then ordering; evidence in connection with the books, and the evidence they bear; evidence in connection with the declarations of Brady to Walsh -- evidence all consistent. And then he adds this piece of gratuitous information: Mr. Dorsey was not taking seven thousand five hundred dollars in bills to the West. How does he know? How did he find that out? And has it come to this? Has all the testimony upon that point -- has the confession of Rerdell to MacVeagh and James shrunk to this little measure -- that it is "only a straw"? Has it shrunk to this measure that Mr.Bliss admits that the whole thing might have been exactly as Rerdell swears, and yet have been perfectly innocent? Has it shrunk to this little measure? The Government would not tell us -- I presume the Government will not tell us, what check it was, the proceeds of which were taken by Mr. Dorsey to Mr. Brady. Neither will they say whether that sum was made up in one check or by adding together a number of cheeks; and, if so, what number? Bank of Wisdom Box 926, Louisville, KY 40201 126 PART 2, CLOSING ADDRESS OF THE STAR ROUTE TRIAL At page 295 Mr. Bliss told you, in his opening speech, that Rerdell had on one occasion gone with Mr. Stephen W. Dorsey to the bank, and that seven thousand dollars had been drawn; that he had gone with Dorsey to the door of the Post-Office Department, or to Brady's room, at the time he would not undertake to say which -- Mr. Dorsey stating to him that he intended to pay that money to Mr. Brady, and that he (Mr. Dorsey) then went in. But when they come to put this man on the stand he will not swear that Dorsey ever told him that he intended to pay the money to Brady. Probably that part of the statement, that Dorsey told him that he was going to pay that money to Brady, can be found in the affidavit made before Mr. Woodward, in September, and repeated in the affidavit made at Hartford in November. But it is not in evidence here. Now, we brought all the checks that we had given on Middleton's bank, with the exception of two, I believe, that amounted to some hundred and odd dollars. We gave the Government counsel notice that there were two others. Among those checks was this one for seven thousand five hundred dollars There were many others. I asked the gentlemen to pick out their check; they would not do it. I asked the gentlemen to pick out the checks; they did not do it. And now if we had failed to produce checks that were important in this case, the Government could have produced the books and clerks of Middleton & Company, and shown exactly the checks we drew upon that bank that month. They did not do it. As a matter of fact, I offered all the checks on all the banks I could think of that we had any business with in any way, except one, and that turned out to be the German- American Savings Bank, and it turned out that that went into bankruptcy eight months before this business; so there is no trouble About that. Why did they not pick out the checks upon which they claimed that the money was drawn that was paid to Brady? Mr. Rerdell, on page 2254, in speaking of the money, swore that money was charged to Brady on the stub. He says that Dorsey told him, "You will find the amount on the stub of the cheek-book." The jury will notice that he speaks of the "amount," the "stub," and the "book," all in the singular. That was followed, I believe, by about six pages of discussion, and everybody who took part in that discussion, the Court included, spoke of the sum of money as an "amount," upon a "stub," in a "check-book." I call attention to 2254 - '55 - '56 - '57 - '58 - '59. On all those pages it is spoken of as a stub of a check-book, or amount on a stub in a check-book. After the discussion was closed, then the witness began to talk about "books," "checks," "stubs," and "amounts." Why did he do that? **** **** Reproducible Electronic Publishing can defeat censorship. **** **** Bank of Wisdom Box 926, Louisville, KY 40201 127

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