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70 page printout, 128 - 197 Reproducible Electronic Publishing can defeat censorship. CLOSING ADDRESS, 2 STAR ROUTE TRIAL. (3 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 THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. His object was to get the evidence broad enough -- checks and check-books enough -- to fit their notice, to the end that they might get possession of all the check-books, and of all the amounts on all the stubs. What more? The discussion convinced Mr. Rerdell that it would be far safer to say "stubs" than "stub"; that it would be far better to say "cheek-books" than "check-book," and far better to say "amounts" than "amount"; because he would have a better chance in adding these up so as to make six thousand five hundred dollars, or seven thousand dollars, or six thousand dollars, than to be brought down to one check, one amount, and one stub-book. So he went off into the region of safety, into the domain of the plural. Now, the last point -- at least for this evening -- so far as Mr. Bliss is concerned, I believe, is about the red books. Mr. Bliss tells you that Mrs. Cushman was telegraphed to from the far West. There was a little anxiety, I believe, on the part of Rerdell about the book, and he telegraphed her. She found it there in the wood-shed, you know, hanging up, I think, in the old family carpet- sack -- I have forgotten where she found it -- and she put it away. Now, there is a question I want to ask here, and I know that Mr. Merrick when he closes will answer it to his entire satisfaction; I do not know whether he will to yours or to mine: How does it happen that Mrs. Rerdell never saw that red book? How does it happen that Mrs. Rerdell, when she was put on the stand, never mentioned that red book? How does it happen that she never heard of it when her husband went to New York to get it; when everything he had in the world, according to his idea, was depending upon it; when it was his sheet-anchor; when it was the corner-stone of his safety? And yet his wife never heard of it, never saw it, did not know it was in the wood-shed, slept in that house night after night and did not even dream that her husband's safety depended on any book in a carpet-sack hanging in the wood-shed. She never said a word about it on the stand, not a word, Gentlemen, nobody can answer that question except by admitting that the book was not there and did not exist. But perhaps I have said enough about the speeches of Mr. Ker and Mr. Bliss. Of course, their business is to do what they can to convict. I do not know that I ought to take up much more time with Bank of Wisdom Box 926, Louisville, KY 40201 128 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. them. I feel a good deal as that man did in Pennsylvania who was offered one-quarter of a field of wheat if he would harvest it. He went out and looked at it. "Well," he says, "I don't believe I will do it," The owner says, "Why?" "Well," he says, "there is a good deal of straw, and I don't think there is wheat enough to make a quarter." So now, gentlemen, if the Court will permit, I would like to adjourn till to-morrow morning. Now, gentlemen, the next witness to whose testimony I will invite your attention is Mr. Boone. Mr. Boone was relied upon by the Government to show that this conspiracy was born in the brain of Mr. Dorsey; that these other men were simply tools and instrumentalities directed by him; that he was the man who devised this scheme to defraud the Government, and that it was Dorsey who suggested the fraudulent subcontracts. They brought Mr. Boone upon the stand for that purpose, and I do not think it is improper for me to say that Mr. Boone was swearing under great pressure. It is disclosed by his own testimony that he had eleven hundred routes, and that he had been declared a failing contractor by the department; and it also appeared in evidence that he had been indicted some seven or eight times. Gentlemen, that man was swearing under great pressure. I told you once before that the hand of the Government had him clutched by the throat, and the Government relied upon his testimony to show how this conspiracy originated. Now I propose to call your attention to the evidence of Mr. Boone upon this subject. On page 1352 Mr. Boone swears substantially that on his first meeting with Stephen W. Dorsey -- that is, after they met at the house -- he said to Dorsey that he (Boone) would be satisfied with a one-third interest. Now, the testimony of Boone is that Mr. Dorsey then and there agreed that he might have the one-third interest. Mr. Dorsey says it is not that Way; that he told him that when the others came they would probably give him that interest, or something to that effect. Mr, Boone further swears that when J.W. Dorsey did come there was a contract -- or articles of agreement you may call them -- handed to him by J.R. Miner, purporting to be articles of partnership between John W. Dorsey and himself, and that he signed these articles; that, I believe, was on the 15th of January, 1878, and that it was by virtue of that agreement that he had one-third. It was not by virtue of any talk he had with S.W. Dorsey that he got an interest, and you will see how perfectly that harmonizes with the statement of Stephen W. Dorsey. Mr. Dorsey's statement is: "I cannot make the bargain with you, but when John W. Dorsey comes I think he will, or they will." It turned out that when John W. Dorsey did come in January he did enter into articles of partnership with A.E. Boone, and did give him the one-third interest. So the fact stands out that he got the one-third interest from John W. Dorsey and not from Stephen W. Dorsey. If the paper had been written and signed by Stephen W. Dorsey that would uphold the testimony of Boone. If Boone had said, Bank of Wisdom Box 926, Louisville, KY 40201 129 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. "I made the bargain with Stephen W. Dorsey," and the articles of co-partnership were signed by him, I submit that that would have been a perfect corroboration of Boone. Stephen W. Dorsey swears that the bargain was made with John W. Dorsey, and you find that the agreement was signed by John W. Dorsey, and not by Stephen W. Dorsey. I submit, therefore, that that is a perfect corroboration of the testimony of Stephen W. Dorsey. At page 1544 Mr. Boone says that, as a matter of fact, all contractors endeavored to keep what they were doing secret from all other contractors. Think of the talk we have heard about secrecy. If the bidders upon any of these routes did not want the whole world to know the amount they had bid, that secrecy was tortured into evidence of a criminal conspiracy. If John W. Dorsey did not want the world to know what he was doing, if Mr. Boone wanted to keep a secret, these gentlemen say it is because they were engaged in a conspiracy to defraud the Government, and crime loves the darkness. What does Mr. Boone say? As a matter of fact, that all contractors endeavored to keep what they were doing secret from all other contractors where they feared rivalry. Of course that is human nature, Mr. Boone further says that he never knew of one contractor admitting even that he was going to bid. He always pretended, don't you see, that he was not going to bid. He wanted to throw the other contractors off their guard. He did not want them to imagine that he was figuring upon that same route, because if they thought he was, they might put in a much lower bid. He wanted them to feel secure, so that they would put in a good high bid, and then if he put in a tolerably low bid he would get the route. That is simply human nature. Boone further says that always when a letting came on he had his bids in; that contractors keep their bids secret from rival contractors, not for the purpose of defrauding the Government, but for the purpose of taking care of their business. Now, gentlemen, when men make these proposals and keep their business secret -- as it turns out that in these cases they were keeping their business secret -- the fact that they are so doing is not evidence going to show that they are keeping that business secret because they have conspired. Have you not the right to draw the inference, and is it not the law that you must draw the inference, that they kept their business secret for the same reason that all honest men keep their business secret? At page 1545, Mr. Boone, swearing again about his talk with Mr. Dorsey that night after the arrangement was concluded, says that he -- Dorsey -- told me to be careful of Elkins, because Elkins was representing Roots & Kerens, large contractors, * * * the largest in the department, at that time, in the Southwest. And yet that evidence has been alluded to as having in it the touch and taint of crime, because S.W. Dorsey said to Boone to say nothing to Elkins. Who was Elkins? He, at that time, as appears from the evidence, was the attorney of Roots & Kerens; and who were they? Among the largest, if not the largest contractors in the department; that is, the largest in the Southwest. Bank of Wisdom Box 926, Louisville, KY 40201 130 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Mr. Boone stated that the letter of Peck to S.W. Dorsey requested him to get some man who knew the business to look after the bids or proposals. Now, I want to ask you, gentlemen, and I want you to answer it like sensible men, if Stephen W. Dorsey got up a conspiracy himself, why was it that Peck wrote to him asking him to get some competent man to collect the information about the bids -- that is, about the country, about the routes, about the cost of living, about wages, the condition of the roads, and the topography of the country? If it was hatched in the brain of Stephen W. Dorsey, how is it possible, gentlemen, that a letter was written to him by Peck asking him to get a competent man to gather that information? Mr. Boone swears that he had such a letter. Mr. Boone swears that Dorsey showed the letter to him. Mr. Boone swears that, in consequence of that letter. he went to work to gather this information. Did Mr. Dorsey do anything about gathering information? Nothing. Did he give any advice? None. Did he ask any questions? Not one. Did he interfere with Mr.Boone in the business? Never. You know that was a very suspicious circumstance. I believe there was a direction given that letters be sent to James H. Kepner, That was another suspicious circumstance. Mr. Boone swears that he was also in the mail business; that he did not want the letters to go some place; that he had to give at the department an address; that thereupon he chose the name of James H. Kepner, his step-son, so that all the mail in regard to this particular business would go in one box, and not be mingled with the mail in reference to his individual business or the business represented by the firm to which he belonged. What more does he swear? That neither Dorsey nor any one of these defendants ever suggested that name, or ever suggested that any such change be made; that it was made only as a matter of convenience; that it was not intended to and could not in any way defraud the Government. Now, Mr. Boone has cleared up a little of this. He has cleared up the letter; he has cleared up the charge of secrecy; he has cleared up the charge that we had the letters addressed to James H. Kepner & Co.; he has shown that everything done so far was perfectly natural, perfectly innocent, and in accordance with the habits of men engaged in that business. Now I come to the next thing (page 1550). The next great circumstance in this case, the great suspicious circumstance, was that the amount of the bid was left blank in the proposals. The moment they saw those blanks in the bids they knew then that the Government was to be defrauded, and they brought Mr. Boone here for the purpose of showing that that was done to lay the foundation for a fraud. What does Boone swear? He swears that he always left that part of the proposal blank; always had done so; had been engaged in the mail business for years, and never filled that blank up in his life, in which the amount of the bid should be inserted. It was not left blank to defraud the Government, but to prevent the postmasters and sureties, or any other persons, finding out the amount of the bid. Away goes that suspicious circumstance. Bank of Wisdom Box 926, Louisville, KY 40201 131 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. After the bids had been properly executed and came back into the hands of the contractors, from the time the figures were put into those routes, what does he say they did? We slept with them until we could get them to the department. He says they never allowed anybody to see them after the amount of the bid had been inserted; that they would not allow anybody to see the amount of the bids; that it was left out, however, only for self-protection, and for no other reason, That is the Government's own witness. He is the man they brought to show that this blank in the bid was a suspicions circumstance. He is the man they brought here to show that because Stephen W. Dorsey had told him to say nothing to Elkins, that injunction of secrecy was evidence of a conspiracy. At page 1552, Mr. Boone, in speaking of these same things, says that however they were made, whether the name of the bidder or the route was put in, or whatever he did -- that is, Boone -- he did not do it for the purpose of defrauding the Government. They say to him, "Don't you know that you left out not only the amount of the bid, but the name of the bidder?" He says, "Whatever I did, whether I left out the amount of the bid or the name of the bidder, I did not do it for the purpose of defrauding the Government; I had no such idea, no idea of defrauding the Government by leaving any blank or any blanks." He did the work. Stephen W. Dorsey left no blank; A.E. Boone left every blank; and yet they brought him forward to prove that that was the result of a conspiracy; and after he comes upon the stand he swears, "I left those blanks myself; I always left them in proposals exactly in that way; and whether I left out the amount of the bid or the name of the bidder, I did not do it to defraud the Government; I did it simply to protect myself, as I had the right to do." So much for that. That is gone. So, speaking of these other proposals (the Clendenning proposals) what does Mr. Boone say -- the witness for the Government, the very man who got up those proposals, the man who wrote them, the man who wrapped them up, and sealed them? What does he say? "Those proposals were not gotten up for the purpose of defrauding the Government; I did not send them to Clendenning for that purpose." That is the end of that. No conspiracy there. The object, don't you see, gentlemen, was to show by Boone that he acted under the direction of Dorsey; that Dorsey was responsible for everything that Boone did; and that although Boone was guilty of no crime in leaving the bid blank, still if be did it by authority of Dorsey, Dorsey had an ulterior motive of which Boone was ignorant. Let us see. At page 1554, Mr. Boone swears that Dorsey never told him at any time or any place that he wanted any blanks left. And yet they were endeavoring by that witness to saddle that upon S.W. Dorsey. But that witness swears that Dorsey never even told him that he wanted any blanks left in any paper, proposal, bid, or bond, He says that Dorsey never at any time or place told him (Boone) that he (Dorsey) wanted any blanks left, or any proposals of any particular form printed, to the end that a fraud might be perpetrated upon the Government -- not a word. Box 926, Louisville, KY 40201 132 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. And, gentlemen, I am now in that space of time where they say this conspiracy was born. At page 1567, before Miner got here, Mr. Boone swears that Dorsey told him that he would advance money for the other defendants, and Mr. Boone swears that after he got here he never asked Dorsey for a dollar except through Miner; that Dorsey never gave a dollar except through Miner. What more? This is the witness that is going to establish the guilt of Stephen W. Dorsey. Stephen W. Dorsey never told Boone at any time that he had any interest what-ever in those mail routes. Boone never heard of it. Dorsey never told him to print a proposal with a blank; never told him to leave a blank after it was printed; never told him to do anything for the purpose of defrauding the Government in any way at any time. This is extremely good reading, gentlemen, when you take into consideration that this is the witness of the Government, their main prop until the paragon of virtue made his appearance upon the stand. Page 1558. Another great point: That in preparing the subcontracts, Dorsey having it in his mind to conspire against the Government, or really having conspired, according to their story, wanted a provision in a subcontract for increase and expedition. Why, it strikes me, gentlemen, that that is evidence of honesty rather than dishonesty. If these subcontracts were to hold good during the contract term, and if in the contract given to the contractor by the Government there was a clause for increase and expedition, why should not the subcontract provide for the same contingencies that the contract provided for with the Government? That looks honest, doesn't it? It was advertising the subcontractor that the moment he signed his subcontract the trips were liable to be increased and the time was liable to be shortened, and that if the time was shortened or the trips increased the pay was to be correspondingly increased. But I will go on with the testimony. Page 1558: In preparing the subcontract Mr. Dorsey instructed Boone to provide for an expedition clause. That was a suspicious circumstance. What for? To conform to the expedition clause in the contract with the Government. If making it like the Government contract is evidence of conspiracy, the fact that the Government contracts have that clause is evidence that the Government conspired with somebody. It is just as good one way as the other. The Government made a contract with the contractor, the contractor made one with the subcontractor, and the contractor so far forgot his duties, so far forgot his moral obligations, that he made it just the same as his contract with the Government. Gentlemen, is there any depth of depravity below that? Absolutely copying the contract that the Government was going to make with him, and treating the subcontractor, so far as the contract was concerned, as the Government had treated him, he (Boone) prepared a clause which he thought filled the bill, and which he still thinks, I believe, would have been better to use than the other. When he showed that to Stephen W. Dorsey, Dorsey suggested another form. It was the same thing exactly, but in different words. There was the testimony I have read to you, and now here is what Mr. Bliss states about it at Page 4865: Bank of Wisdom Box 926, Louisville, KY 40201 133 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. But Stephen W. Dorsey, away back there, knew sufficient about expedition to appreciate the importance of keeping for the contractors thirty-five per cent. and giving to the men who were performing the service only sixty-five per cent. Why not? Is that a crime? Suppose I agreed to carry the mail four years for $10,000 a year and I subcontract with another man. Have I not the right to get it carried as cheaply as I can? I just ask you that as a business proposition. Or has every man to treat this Government as though it was in its dotage? Must you do business with the Government as though you were contracting with an infant or an idiot? Must you look at both sides of the contract? That is the question. The Government, for instance, advertises for so much granite, and I put in a bid which is accepted; at the same time I know that I could furnish that granite for twenty-five per cent. less. Is it my duty under such circumstances to go and notify the Government that I have cheated it, and that I would like to have It put the contract down? There may be heights of morality that would see the propriety of such action, but it is not for every-day wear and tear. Very few people have it; it scarcely ever comes into play in trading horses. Must we treat the Government as though it were imbecile? I say it was a simple business transaction. The Government advertises for proposals to carry the mail; I make my bid for $10,000, and we will say that my bid is accepted. Now, I admit that I could carry it for $5,000 and make money. Am I criminal if I go on and perform the contract as I agreed and draw the money? Or suppose the people along the route do not want it expedited and increased, and so I talk to them about it; I go to Mr. Brown and say, "Mr. Brown, you are living in this smart, thriving town, and you need a daily mail." I go to the next village and I say, "Why, gentlemen, you will never have a town here until you have a daily mail; I am the fellow now carrying the mail." And I keep talking about it, you know, and finally get a fellow to get up a petition, or I write one myself, and send it around, and say to them, "Gentlemen, what you want is more mail, faster mail; the mail is the pioneer of civilization, gentlemen; have a daily mail, and along the line at once towns and villages and cities will spring up, and all the hillsides will be covered with farms, and school-houses will be here, and wealth will be universal." Any crime about that. Every railroad has been built just that way. Every park has been laid out in every city by just such means. Nearly every street that has been improved has been improved in that way, by men who had some interest in the property, by men who were to be benefitted by it themselves, and who ought to be benefitted. Should the men that get the public attention in that direction be benefitted, or the men who do nothing? I say that the men who give attention to the business have a right to be benefitted by it. And yet here is the crime, gentlemen. And then we only gave these fellows sixty-five per cent. and took thirty-five ourselves, because we were bound to the Government to fulfill the contract, as was explained to you so admirably, so perfectly, by judge Wilson. The contract was to run for four years, and I believe in a certain contingency for six months thereafter. We had to carry out the contract, whether the subcontractor carried out his contract with us or not. Bank of Wisdom Box 926, Louisville, KY 40201 134 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Now, this is what Mr. Bliss says: So, after a large mass of subcontracts had been struck from the press, which gave to the subcontractors all the increase -- There never was a subcontract that gave to the subcontractors all the increase; there is no evidence that there ever was such a subcontract. he -- That is, Stephen W. Dorsey -- directed them to be put back on the press. I should think he would. If he found any subcontracts were printed that gave to the subcontractor all the increase, I do not wonder that he had them destroyed. Here you get, we will say, a contract for ten thousand dollars for one trip, with the agreement that if there are two trips the compensation shall be twenty thousand dollars, Thereupon you make a contract with a subcontractor, and you agree in that subcontract that he shall have all the increase. Of course, you want that made over again; of course, you would not make that kind of a subcontract. He directed them to be put back on the press, and this provision giving the subcontractor his money struck out and this other clause put in. Gentlemen, that is an entire and absolute mistake. There is no such evidence, there never was in this case, and I take it there never will be. The evidence was -- and you remember it; and you remember it; and you remember it; and you [addressing different jurors] -- that Stephen W. Dorsey allowed to the subcontractor sixty-five per cent. of the expedition, and that same subcontractor provided what he should have for one trip, and what he should have for two trips; that is to say, what he should have for increase; and it provided at the same time for sixty-five per cent. on expedition. Mr. Boone swears it; others swear it. Not only that, but it is printed in the record again and again and again. Why did Stephen W. Dorsey do that? I can tell you why: He did not. Why did Stephen W. Dorsey do that, if it was not because his fertile imagination had already conceived the plan of defrauding the United States, and he was making an arrangement by which that fraud could be consummated? How would that help him consummate a fraud? Suppose he struck out all the per cent. to the subcontractors; suppose he had not had any subcontract printed; suppose the subcontract was printed, and printed on purpose to deceive and defraud the subcontractors; how does that show that he was trying to defraud the United States? Why, if it proves anything it proves the other, that he had not entered into a conspiracy by which he could get the money from the United States, but had endeavored to get it from the subcontractors. If it proves anything it proves that. But the reason it does not prove anything is because the statement is not correct. Bank of Wisdom Box 926, Louisville, KY 40201 135 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Now, just see how a conspiracy can be built of that material. A man that can do that can make a cover for Barnum's Circus with one postage-stamp; he can make a suit of clothes out of a rabbit-skin; he can make a grain of mustard seed cover the whole air without growing. That is given as an evidence that Dorsey had conspired. There is not a thing on the earth that he could have done that would not prove conspiracy just as well as that -- just exactly -- no other act. Humph! That is the way they build a conspiracy. Why not take another step? Why not have a little bit of ordinary good hard sense? On the 17th day of May, I believe, 1878, the act was passed allowing the subcontractor to put his subcontract on file. Now, that contract ought to provide for all the contingencies of the service, so that if the trips were increased the Government would know how much to pay that subcontractor; so that if the time was expedited the Government would know how much to pay the subcontractor. The subcontract ought to have been made in that way, and it would be perfectly proper to make it in that way. I once went to see a friend of mine who had the erysipelas and who was a little crazy. I sat down by his bed. side, and he said, "Ingersoll, I have made a discovery; I just tell you I am going to be a millionaire." Said I, "What. is it?" He says, "I have found out that if four persons take hold of hands after they have had a hole made in the ground and put a piece of stove-pipe in it, and then run around it as hard as they can from left to right, a ball of butter will come out of the pipe." Now, I think that is about as reasonable as the way conspiracies are made, according to Mr. Bliss. Now, we come to Mr. Boone (page 1560). He says that the action he had taken was upon his own responsibility, and that at no time had any papers been gotten up with any view of defrauding the Government. That was good. I am like the Democrat who said, after hearing the returns from Berks County, "That sounds good." Then, here is a question asked him: Q. I understood you to say that the contract was made between you and somebody, fixing your interest in all this business? -- A. Yes, sir. Q. Do you recollect about the date of that? -- A. I think it is on the day John W. Dorsey got here in Washington. On page 1561 he swears that at the time Boone made that contract with John W. Dorsey he and Dorsey had not conspired to defraud the Government in any way, nor did they ever do so after that contract was made. When was that contract made? It was made on the 15th day of January, 1878. Who made it? John W. Dorsey of the one part, and Albert E. Boone of the other. And they tell exactly what that contract was for. Here is the contract, on page 1561, and this shows that the statement of Stephen W. Dorsey, that the matter was deferred until John W Dorsey should come, is absolutely correct: Bank of Wisdom Box 926, Louisville, KY 40201 136 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. That the parties to this agreement shall share in all the profits, gains, and losses as follows: John W. Dorsey shall have two-thirds and Albert E. Boone, share one-third. Now, gentlemen, there was the original partnership agreement. Let us see if that was ever dissolved. The next contract was made on the 12th of September, 1878, Now, therefore, in consideration of one dollar in hand paid, the receipt whereof is hereby acknowledged, I hereby, sell, assign, and transfer to Albert E. Boone all my said two-thirds interest in the routes in the name of said Boone in the States of Texas, Louisiana Arkansas, Kansas, and Nebraska, and in the name of said Dorsey in the States of Texas, Louisiana, and Arkansas. The reason he did that was because Mr. Miner had made a contract with Boone to that effect; and probably I had better read that now so that you will have it exactly and know what we are doing. I read from page 1569: WASHINGTON, D. C., August 7, 1878. Whereas A. E. Boone has this day, for the purpose of saving a failure in the routes in the name of John R. Miner, John M. Peck, and John W. Dorsey -- "For the purpose of saving a failure," recollect. Although Stephen W. Dorsey, according to the prosecution, was a conspirator, and although John W. Dorsey was another, and Peck was another, yet on the 7th day of August, 1878, "for the purpose of saving a failure," they made this: assigned to John R. Miner his one-third interest in the routes in their names, now, therefore, I, John R. Miner, agree that John W. Dorsey shall assign his; interest in routes in the name of A.E. Boone in Kansas and Nebraska, Texas and Louisiana, and Arkansas ; in the name of John W. Dorsey, in Texas, Louisiana, and Kansas. The latter clause not guaranteed. JOHN R. MINER. Now, he said to Mr. Boone, "I have got to have another man come in; we haven't got the money to run these routes; I have got to get somebody with us; if you will go out, I will agree that John W. Dorsey will assign to you his two-thirds interest in all the routes in Kansas, Nebraska, Texas, Louisiana, and Arkansas. I will agree that John W. Dorsey, although he has a two-thirds interest in all these routes, shall assign them to you, A. E. Boone, and they shall thereupon become your property." That agreement was made on the 7th of August, 1878; and then, as I read you before, on the 12th day of September, Miner made that promise good, and John W. Dorsey did assign to Boone his two-thirds interest in all the routes that Miner said he would. Then Boone was out of it. He had no more to do with Miner, Peck & Co., and no more to do with John W. Dorsey; he went his road and they went theirs. He went out in consideration that John W. Dorsey would give him (Boone) two-thirds Bank of Wisdom Box 926, Louisville, KY 40201 137 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. of all the routes that he before that time had one-third in. Then Miner took in Mr. Vaile, because he had the money to go on with the business. Page 1562, still talking about Mr. Boone. There is another very suspicious circumstance that was brought up by the prosecution. These bids were put in different names, and that was looked at as a very suspicious circumstance! What does Boone say about that? He says that the object in bidding in separate names was not to defraud the Government, but was to have the service divided up and not to bid against each other. That was reasonable. The arrangement was simply to keep from injuring themselves; it was not made to defraud the Government, but it was made so that they might not by accident injure each other. It was a common thing for members of a firm to bid in that way, and it is a common thing for persons to organize themselves for the purpose of bidding and running contracts, and when they thus bid they always bid in their individual names. The fact that we bid in our individual names was taken as a circumstance going to show that we had conspired to defraud the Government, and a witness they bring forward to prove that fact swears that it has been the custom for all firms to bid in their individual names. Away goes that suspicion. The coat-tail of that point horizontalizes in the dim distance. Page 1563. The point was made, gentlemen, that we bid on long routes with slow time, knowing -- understand, knowing -- that the service would be increased and that the time would be shortened. The only word I object to there is the word "knowing." That we bid on long routes with slow time thinking that the service would be increased and the time shortened was undoubtedly true. That we bid expecting that the service might be increased and the time shortened is undoubtedly true. That when we bid we took into consideration the probability of the service being increased and the time shortened is undoubtedly true. The only difference is the difference between thinking and knowing; between taking into account probabilities and making the bid because we had made a bargain with the Second Assistant Postmaster-General. That is the difference. Let us see what Boone says about it. I read from page 1563: On all service of three times a week and under there is a chance for improvement in getting it up to six or seven times a week. Everybody who has ordinary common sense knows that! If I bid on service for once a week there is a great deal better chance for getting an increase of trips than if there were seven when I started. Everybody knows that. There is about six times as good a chance. All contractors consider that -- That chance -- in their bids, and bid lower on one, two, and three times a week service than on a daily service -- Why? -- Bank of Wisdom Box 926, Louisville, KY 40201 138 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. because the chances are the route will be increased. Boone swears on the same page that he always did that himself; that he always had done it. Yet that is lugged in here as evidence of a conspiracy. There is a great deal better chance for expedition when a route is let at two or three miles an hour, than when it is let at six or seven. Of course there is. The slower it is let the better chance of getting it expedited. The faster it is let the less chance of getting it expedited. There is no need of bringing a man here to show that. You know that. If you thought there was more money in expedition and increase than on the original schedule, you would, as I insist, bid on such routes as the advertisement showed the time was to be slow and the service infrequent upon. Now, gentlemen, to take advantage of such a perfectly apparent thing as that will not do. You have heard a good deal about star routes, gentlemen. Every one of you by this time ought to make a pretty good Postmaster-General; every one of you. If you do not know all about this subject, you never will. The FOREMAN (Mr. Crane). We ought to be good lawyers, too. Mr. INGERSOLL. You also ought to be good lawyers, at least on this subject! I do not know that you have all the testimony in your minds, as there have been so many misstatements made, but if you ever are to know anything on this subject you know something now; and if you, Mr. Foreman, or you Mr Renshaw, were to-morrow to go to work to bid on some star routes you would bid on the longest routes, on the slowest time, and with the most infrequent trips. You would do that. Then would you say, "That is evidence that we have conspired"? Has a man got to be so stupid that he will not take advantage of a perfectly plain thing in order to escape the charge of conspiracy? If you were to put your money in land in the Western country you would not go where the country was settled up, and give one hundred dollars an acre for land, You would go where you could get land for two, or three, or four, or five dollars an acre, and say, "There is a chance for land to rise." That is not conspiracy. So if you were going to bid on mail service you would bid where the time is slow, or the route long, and the service once a week. Then you would say that the country might grow, that railroads might be built and that they might get the service up to seven trips a week; and that instead of going on two miles an hour may be they would want to make it seven miles an hour. That is the service to make money on. Is it a crime to make money? Is it a crime to make a good bargain with the Government? I suppose these gentlemen of the prosecution made the best bargain they could with the Government themselves. Is it a crime? I say no. Is a man to be regarded as a conspirator because some outsider thinks he got too good a bargain? That will not do. Boone says he always did that. Of course he did. He says another thing. These gentlemen say that we did not go above three trips, and that is another evidence of fraud. They say we did not bid on any route with more than three trips a week. Mr. Boone tells you, on page 1565, that the department never advertised for four trips a week. That is the reason I think they did not bid on any of these. He also swears Bank of Wisdom Box 926, Louisville, KY 40201 139 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. that they never advertised for five trips. That is a good reason for our not taking any routes with five trips, is it not? There were not any advertised. The Government did not offer to let us have any. That is a good reason for not taking any of them. The Government had not any of that kind. After you get beyond three trips Boone swears that the next number is six or seven; never four, never five. Don't you see? And yet it is a very suspicious circumstance that we did not bid on any four-trip routes, or any five-trip routes; that we stopped at three. Why did we stop at three? Because if we had not stopped at three we would have had to go to six. Why did we not go to six? Because at six trips a week we would have been obliged to put up too much money, and to put up too many certified cheeks. It required too many men to go on the bonds. That is the reason. Gentlemen, if there had been a conspiracy it would have been just about as well for us to bid on six or seven trips to get the expedition of time. If there had been a conspiracy to make money, and it had been understood by the Second Assistant Postmaster-General, he could have just as well given us routes with seven trips a week, and put the service up to seven, eight, nine, or ten miles an hour, and he could have done that in the thickly-populated parts of the country; if it had been the result of a conspiracy. Let me read more from what Mr. Boone says on page 1565: The proposals that I destroyed were upon routes of at least six times per week. How did he come to destroy them? Another suspicious circumstance against Dorsey! Boone said when he went into the business he just took the bidding-book and commenced at A, and was going right straight through to X, Y, and Z, and make a bid, I believe, on every route that was in the book. I think that is his testimony. Boone says: I was going on without instructions. I was going on without authority from anybody, working on the bids. He thinks it was the same day that Miner got here, or the day afterwards, and he -- I suppose meaning Dorsey -- came up to the room and saw what the witness was doing. He was making up bids for every route in the advertisement, going right along with big and little, when Dorsey said there was a mistake. No proposals were to be made for over three times a week or for routes under fifty miles. When Miner came into the room witness asked what was the reason of that. I say upon this point that Stephen W. Dorsey never said a word about it, and that Boone is mistaken. But he says he asked Miner the reason. What did Miner say? Did he say to him, "It is because we have got a conspiracy? We have got it fixed with the Second Assistant Postmaster-General"? No. He said this, he said for fear of failure in getting bonds; that they could not get the bonds for all the service and could not get certified checks for all the service. Boone was going clear through the book from preface to finis. They could not get bonds for all the service and could not get certified checks for all the service. You remember that for all the service over five thousand dollars they had to put up five per cent., I think, in certified checks. Now, there was an immense volume, of three or four thousand routes and he was going to put in a bid on every one of them. That is what Boone was going to do. He Box 926, Louisville, KY 40201 140 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. did not understand the conspiracy at that time. Miner explained to him, "We cannot get the certified checks. We cannot get the bondsmen." He did not tell him, " Good Lord, my friend, you don't understand the terms of the conspiracy. We are taking no such service as that. We are taking none over three times a week, because, don't you see, we want the chance for increase. We want the lowest. If we can find any service where the horses agree to stand still, that is the service to take. You must look over the terms of the conspiracy and have some sense about it." Boone says he was starting in, taking the advertisements, going right through the territory, all over that country, and bidding on every route, not missing one. He never saw Stephen W. Dorsey do any work on the bids. The proposals sent down to the postmasters in Arkansas, including those to Clendenning, he (Boone) fixed himself and sealed them. Gentlemen, there is no evidence that Mr. Dorsey, as I understand it, ever saw one of those papers, but simply the form that was written out by Boone that was sent to Clendenning with instructions what to do with the proposals. That I understand to be the evidence. They proved by Boone that Dorsey never saw them; never wrote them; never ordered them to be written; never ordered a blank to be left unfilled. And yet, gentlemen, he was the man whom they say had brooded over this conspiracy; the man that gave to it life and form. He is the man that used Boone and John W. Dorsey and Peck and Miner as instrumentalities and tools. What more? Did Boone take those bonds up to Dorsey and show them to him? He says that he did not open them; that he did not show them to Dorsey. That is what Mr. Boone swears. Surely Mr. Boone is an honorable man, stamped with the seal of the Department of Justice. He did not even show them to Dorsey. Dorsey,never saw anything except the form after Boone had made it out. I showed you that form on yesterday, I think, marked 16X. That is the only thing that Dorsey saw. He did not know what blanks were left in the bonds, or whether any were left. He never gave any orders about them, and never saw them. Yet the prosecution want you to hold him responsible as a conspirator for those bonds. What more, gentlemen? Those bonds were never used. Nobody was ever defrauded. Not a proposal was put in the Post-Office Department. They never came to life. Dead! No contract, says Mr. Boone, was ever awarded on those proposals, even the proposals sent back, unless it was a contract to him, Boone. That is what he swears. And yet Dorsey is to be held responsible. Let us hurry along, gentlemen. See how Dorsey came to do this. How did that arch-conspirator, as they claim him to be, happen to write that letter to Clendenning? On page 1567 Boone says that he suggested to Dorsey that he had better send a note with the proposals to Clendenning. Boone suggested it. He was not a conspirator, but he suggested it. Dorsey was the conspirator, but never dreamed of it. How fortunate for a conspirator to have an innocent man think of the means of carrying out a conspiracy; never thinking of dime, but having it all suggested by perfect innocence and then crime taking advantage of it. That is the position! He suggested that Dorsey would better send a note with the proposals to Clendenning. I will read from page 1568: Bank of Wisdom Box 926, Louisville, KY 40201 141 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Q. Was there not danger that he would be declared a failing contractor? Was it at that time the practice of the department if a man, for instance, had fifty contracts and failed on one to declare him a failing contractor on all? -- A. No, sir; but they would declare him a failing contractor on that one route and suspend his pay until he paid up the loss to the Government -- just my case now, exactly. Q. That was one of the reasons that you had. Now, you were informed at that time that they had not the money to carry this on. When, as a matter of fact, did you go out of the concern? -- A. The 8th day of August, 1878. Q. Was S.W. Dorsey then in Washington? -- A. No, sir; he was not. He had been gone ten or twelve days. Now, then, we come to August 7, 1878, the time that Mr. Boone went out. He did it for the purpose of saving a failure on the routes in the names of Miner, Peck, Dorsey, and himself. That is what he went out for, and that is his only reason. On page 1570 Mr. Boone swears that so far as he knows neither John W. Dorsey, John R. Miner, John M. Peck, nor Stephen W. Dorsey had any arrangement with the Second Assistant Postmaster-General to increase the service; none whatever. Boone went out on the 7th day of August, 1878. S.W. Dorsey was in New Mexico. He did not return here until about the time Congress assembled in December. Boone swears that he then learned from S.W. Dorsey that he, Dorsey, did not know that Boone was out of the concern; did not know that he had left on the 7th day of August, 1878. Now, gentlemen, if Stephen W. Dorsey was the main conspirator, if he was doing this entire business, is it possible that A.E. Boone went out on the 7th day of August, that John W. Dorsey assigned his interest in all the routes mentioned in the agreement, and John R. Miner took in Vaile, and the service was put on those routes by the money furnished by Vaile, that all that was done and yet Stephen W. Dorsey neither heard of it and did not even know that Boone was out, did not even know that Vaile was in? Besides that, gentlemen, as I told you, Dorsey was not here. He was in New Mexico. He was in utter ignorance of this entire business, and yet they claim that he was the directing spirit. Mr. Boone further testifies, on page 1571, that Brady showed him a telegram from the postmistress at The Dalles, saying that the service was down. When I read that I thought may be that was where Moore got his hint to swear that he telegraphed to find out what was done with that service. Boone further swears that Brady said that it must be put on; that he said it could not be put on at the contract price, and that Brady told him, "I advise you to telegraph and put it on at any price," and that unless all the service was on by the 15th day of August he would declare the contractor a failing contractor on every route the service was down upon. That is what Brady told him. Stephen W. Dorsey was not here. According to the testimony of Moore he knew when he went away that the service in Oregon was not put on, but he abandoned it, and paid no attention to it. He happened to meet Miner at Saint Louis, and told him, I believe, "There are my notes for eight thousand five hundred dollars. That is all I will do. I am through! I have already advanced thirteen or fourteen thousand dollars. I will not advance Box 926, Louisville, KY 40201 142 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. another dollar." Why did not Miner tell him, "If you are not going on with this conspiracy I am going home"? Why didn't Miner tell him then, "What did you get up a conspiracy like this for, just to abandon it"? Why did not Miner say to him, "This is your child. I became a criminal at your suggestion. I entered into this conspiracy because you urged me to, and now after we have got the routes, you are going to abandon it"? Why did he not say to him, "Dorsey, if you are not going on with this conspiracy I am going back to Sandusky"? Did Dorsey at Saint Louis treat it as his bantling? or did he say to Miner, "This is all I will do"? Did he mean for himself? No. "All I will do for you." Certainly he would not have made the threat to Miner that he would not do anything more for himself. He then said to Miner, "I am through! "Miner knew at that time that Stephen W. Dorsey had not the interest of one solitary dollar except the money he had advanced. Stephen W. Dorsey, according to the testimony of this prosecution, knew when he left this city that the routes were not in operation in Eastern Oregon. He went away knowing that J.W. Dorsey and John R. Miner and John M. Peck were in danger of being declared failing contractors. Yet he never even called on Brady to see about it. He never asked to have the time extended a minute. He never took the least interest in the business. He started for New Mexico, and went by way of Oberlin, Ohio. He happened to meet Miner in Saint Louis, and for Miner's sake, for Peck's sake, for John W. Dorsey's sake, and not for his own sake, he gave them some notes to the extent of eight thousand five hundred dollars that they could have discounted, and said to Miner then and there. "That is the last dollar. That is the last cent." What more did he do? He abandoned the whole business. He went to New Mexico. He never wrote about it; he never spoke about it; he never received a dispatch concerning it until the following December, when he came back to Washington, and then for the first time found that Boone had gone out and that Vaile had come in. What more? Although he was interested to the extent of thirteen or fourteen thousand dollars, he did not know until he came back in December that his security had been rendered worthless. He found that out then for the first time. That is a fine model of a conspirator. Reading again from Boone's testimony, on page 1371: Fully a month and a half of the time had been taken up by the Congressional investigation, and we -- That is to say, Miner, Peck, Boone, and the rest -- did not know what to do with the service. We dared not to move. We expected that the contracts would be taken from us. Do you tell me that under such circumstances, if Stephen W. Dorsey had conceived this thing, he would have gone off and left it? Do you tell me, with the entire business trembling in the balance, without the money to put the service on, at the mercy of Thomas J. Brady, that if Stephen W. Dorsey had gotten up that conspiracy, and also put in thirteen or fourteen thousand dollars, he would have gone away and left it, and told Miner and the others, "will have no more to do with it," and leave it so effectually and so perfectly that he did not even know that Boone ha gone out and Vaile had come in until the following December, when he came here to take his seat in the Senate? Box 926, Louisville, KY 40201 143 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. On page 1580, again quoting from Mr. Boone: The fact -- There is something that rises like the Rock of Gibraltar It is one of those indications of truth that rascality never had ingenuity enough to invent: The fact that Dorsey refused to advance any more money on account of this business was taken into consideration by me when made up my mind to go out. Do you want any better testimony than that, that Dorsey did refuse to advance any more money? Don't you see how everything fits together when you get at the facts? How naturally they all blend and harmonize when you get at the facts. Now, here is some more from Mr. Boone: If I had not gone out the service would have undoubtedly failed, unless they got the money to put it on. When Mr. Dorsey decline to furnish any more money or to indorse any more notes, there was nothing else to do but for me to go out and let somebody else come in who had the money. That is a witness for the Government, and yet at the time that happened they say there was a great conspiracy; that the Second Assistant Postmastery-General was in it that a Senator of the United States was in it; and that these other men were simply tools. It will not do, gentlemen. If that had been the case Stephen W. Dorsey would have remained here. He would have gone to Mr. Brady and said, "I must have time," and Mr. Brady would have given him all the time he desired, because, according to this prosecution, it was their partnership business. Brady had ten times as great an interest as Stephen W. Dorsey. According to the testimony of Mr. Rerdell, Brady had an interest of thirty-three and one-third per cent., and according to the testimony of Rerdell and Boone, Dorsey only had an interest of seven-eights of one per cent. That means, as I understand it, according to their testimony, thirty-three and one-third per cent. of the gross expedition; not profits, but the gross expedition. That is what they swear. When he gave on a route an expedition of, say six thousand dollars, two thousand dollars would go to Brady each year. In other words, thirty-three and one-third per cent. of the money paid for expedition went to Brady. Mr. Walsh testified and gave the exact figures, and called the amount, if the Court will recollect, sixty thousand dollars, and twenty per cent. he said of that is twelve thousand dollars, That had to run, he says, for three years, and that made thirty-six thousand dollars. That is the testimony in this case, gentlemen. If you should have a row of men as long as the row of kings that Banquo saw, stretching out "to the crack of doom," and they should swear to it, I should still die an unbeliever; but that is their testimony. Dorsey ran away and left his conspiracy and Brady would not attend to his own business. Now, I read again from Boone: Bank of Wisdom Box 926, Louisville, KY 40201 144 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. With regard to the preparation of circulares, the sending of them to postmasters, the printing of proposals, the printing of bonds and subcontracts, there was nothing done differently from what I had always done before. Recollect that. He is a government witness. Dorsey in a conspiracy got Boone to help him, and in helping him boone did nothing different from what he had always done before. There is not much left of this case, gentlemen, but I will keep going on just the same. Mr. Boone swears that he followed the regular custom and practice of doing business. Then, there is another suspicious circumstance. At the bottom of the contracts published by the Government, for the purpose of informing contractors as to how the bonds or contracts are to be signed, and exactly what is to be done by each person, there are a lot of instructions. Mr. CARPENTER. On the proposals. Mr. INGERSOLL. On the proposals. When they got up the proposals of their own, they, understanding the business, left off all those directions that the Government put upon its forms. Why? Those directions were put there for the benefit of men who did not understand the business. These men did understand the business, and consequently it was nonsense for them if they had to have the printing done, to put on the bottom of the contracts two or three paragraphs of directions to themselves. They understood exactly how to do it without the directions. Who left them off? Stephen W. Dorsey? No. John W. Dorsey? No. He had nothing to do with it. Miner? No. He had nothing to do with it. Who left them off? Boone says he did. Was he instructed to do it? No. Did it take a conspiracy to leave them off? No. He left them off for two reasons, and good ones, too. One was to save the expense of printing. That was a good reason. There was no conspiracy needed for that. The other was, that knowing how to perfect the proposals, and understanding all those instructions, there was no need of having them printed for their own benefit. Next, on page 1582. What instructions as a matter of fact did Mr. Boone receive from Mr. Dorsey, if he received any? The question arises, upon what subject? In reference to what particular point? Boone says on this page that he received no instructions from Dorsey in reference to the business except in regard to the subcontract blanks That is the one subject on which he received any instructions from S.W. Dorsey. I have shown you that those instructions were in the interests of honesty and fair dealing. Those were the only instructions he received. On every other subject there is not a word. Why? Here Boone gives the reason. "I did not require any." Why? Because he understood the business himself. What else? "I was to go ahead and do whatever was necessary to be done." He did it without consulting anybody. He did it in his own way. He did it as he thought best for all concerned. Now, gentlemen, there will be an effort made to convince you that Stephen W. Dorsey did everything during all that period. If you are told that, when you are told it remember what I tell you now: that Mr. Boone swears that he did it himself; that he attended to the Bank of Wisdom Box 926, Louisville, KY 40201 145 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. entire business, and that he was instructed by Dorsey in no particular except as to that one blank, and that I have clearly demonstrated was in the interests of honesty and in the interests of the subcontractor, so that the subcontract might agree with or be similar to the contract made with the Government. That is all. Now we come to another point. You must recollect that Mr, Boone got out the circulares. Mr. Boone sent to all the postmasters to know about the roads and the price of grain and the price of labor, about the snow in winter and the rain in the spring. He got all that up. He went through the bidding-book originally and made the bids. He it was who prepared most of these proposals. He did all the work until Miner came. S.W. Dorsey did not do any of it. Boone never saw him working upon or touching the proposals. What S.W. Dorsey did he did at Boone's request. What he did he did at Miner's request. What he did he did simply because he was a friend. Boone attended to it all. Now, what does Boone say on page 1584? He swears that so far as he knew there never was any conspiracy on the part of these defendants with him, with each other, or anybody else, in reference to these routes, or any route bid for and awarded to them during that time. There was no conspiracy to defraud the Government in any way. That is what the Government witness swears to -- a man brought here to stain the reputation of Stephen W. Dorsey. That is what a Government witness swears; swearing, too, under pressure; swearing, too, under circumstances where the Post-Office Department could strip him of everything he had on earth; swearing under circumstances where if did not please the Government they could pursue him as they have pursued us. Perhaps I had better read what he says. I read from page 1583 of my examination: Now, then, so far as you know, Mr. Boone, was there any conspiracy on the part of any of the defendants with you, or with anybody else. to your knowledge, in respect of these routes mentioned in the indictment or of any routes bid for and awarded to them during that time -- any conspiracy to defraud the Government in any way? And he answered: No, sir. That was a Government witness, acquainted with all the transactions during that time. He was swearing under the shadow of power, with the sword hanging over his he and yet he swears he never knew or heard of any such thing. Let us go on. On page 1589 he swears that Mr. Dorsey told him to fix the blanks and make them up and to write what he wanted done in Arkansas, and that while he, Boone was engaged in so doing he said to Dorsey, "Had you not better write a note so that I can attach it to the blanks? And Dorsey did so. Dorsey told him to fill up what he wanted in Arkansas, and what was necessary to be executed there, and he did so. Boone indicated exactly what he wanted put in. I showed you the Clendenning bonds yesterday and showed you just what Boone did. He filled up the blanks that he wanted to have filled down Bank of Wisdom Box 926, Louisville, KY 40201 146 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. there. Of course, the blanks that were already filled in he did not want interfered with. That is what he says. There is another part of his testimony. I want to call the attention of the gentlemen to it. "I hand you," said they, "32X." Mr. Bliss did the handing. What was that? That was the Chico letter. What did they want to introduce that for? To show that S.W. Dorsey was interested personally in these routes in 1878. That was a magnificent piece of testimony for them to show that Dorsey in 1878 was writing to Rerdell to watch the advertisement of these routes. So they introduced that letter. Mr. Boone looked at it., He was a Government witness. The noose was around his neck and the other end of the rope was in the hands of Mr. Bliss. What did Mr. Boone say? "Mr. Dorsey never wrote that letter." Then said Mr. Bliss to him, "That is not Mr. Dorsey's writing?" And Mr. Boone said "No, sir." And at the same time threw the forged scrap away contemptuously. What else? On April 3, 1878, Mr. Dorsey was here. Mr. MIERRICK. Was Mr Dorsey here at that time? WITNESS. He was here, sir; and I was in communication with him on that very day. That is the evidence of a Government witness; a man who was depended upon to show that not only my client, bit that Mr. Miner entered into a conspiracy in the fall of 1877 to defraud this Government. I want you to remember one thing which I was about to forget. Mr. Ker, I believe, spoke six or seven days and I do not remember of his having mentioned the Chico letter. He acted as if it had a contagious disease. He was followed by Mr. Bliss in another week, but he did not mention the Chico letter; at least I have never happened to read it in his speech. Both of them are as dumb as oysters after a clap of thunder. Not a word. They did not, either of them, have the courage to refer to it. They did not have the nerve to ask you to believe it. I tell you one thing, gentlemen, I would either admit that it was a forgery, or I would swear that it was genuine. I would do something with it. I would not allow that paper, blown by the wind, to scare me from the highway of the argument! I would do one thing or the other. I would either admit that Mr. Rerdell forged it, or I would insist that it was the handwriting of Stephen W. Dorsey. Why was it left where it was, gentlemen? They could not get anybody to swear that it was Dorsey's handwriting. That is all. Now we will take the next step. They had so much confidence in that witness that they concluded they would prove the pencil memorandum by him. They had such a clutch on him. So they stuck that up to him. Recollecting the position he was in, recollecting the danger, recollecting all that might probably follow speaking the truth, here is what he says: Everything above "profit and loss" in that memorandum favors the handwriting of S.W. Dorsey. What else? And everything below favors the handwriting of M.C. Rerdell. Fit conclusion for a Government witness, brought here to show Bank of Wisdom Box 926, Louisville, KY 40201 147 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. that Stephen W. Dorsey was the arch-conspirator. And they ended the witness; dismissed him from the stand, after he had shown that Dorsey did not conspire; after he had shown that he himself fixed the subcontracts, with the exception of only one; after he had shown that he himself filled out the blanks to send to Clendenning; after he had shown that he did everything without being advised by S.W. Dorsey, and then he swore that their principal witness was a forger. Then they dismissed him. That was the end of the Government witness who was to brand the word "conspirator" upon the forehead of Stephen W. Dorsey's reputation. But in stead of putting "conspirator" there, he put the word "forger" upon the principal witness for the Government. Magnificent exchange! Now, gentlemen, you know as well as I do that Mr. Boone, knew all that was happening during that entire time. You know as well as I do that he did not swear anything for the defence that he could help swearing. What else? Mr. Bliss, on page 303, says that: Parties conspiring make an informal verbal agreement. When did we make that agreement? When does the testimony show that we made an informal verbal agreement? Who were present at the time? Where were we? Do you recollect the number of the house? Do you recollect the day of the month? Has any one of you ever had in his mind which side of the street that was on? What town was it in? Could you locate it if you had a good map? I do not care whether it is informal or formal. Did we make one? In order to make a verbal agreement you have to use some words. Is there any evidence as to the words we used? Not a word that I have heard, not a word. What else? He says that this is necessarily secret and intended to be secret. The first thing done was that Dorsey told it to Moore. Then, for fear it would get out, J.W. Dorsey told it to Pennell and to thirty fellows around the camp-fire out in Dakota. And there was a suspicion in Brady's mind that somebody might hear of it, and so he told Rerdell. He says, "Get the books copied; this is a secret thing." Then Dorsey wrote it to Bosler, and he was so awfully afraid that it would get out that he kept a copy of the letter. You see, Mr. Bliss says the object was to keep it secret. Then Miner and Vaile told it to Rerdell for fear he would not believe it when Brady told him. They were bound the thing should not get out. Yes, sir. And then Rerdell, just bursting with the importance of keeping that secret, told it to Perkins and Taylor; went away out there for that purpose. And then Moore, he gave it away to Major and McBean for the purpose of keeping it secret. Then Miner told Moore. From whom did they keep it secret? Nobody in God's world but Boone. He is the only fellow that nobody told. Boone went through it all saw all the plan and heard all the whispering, and he is the only man in the country, I think, that did not suspect it. And on the 7th day of August he left the concern because there was not a conspiracy, and admits to you that if he had had even a suspicion of it he would have staid -- staid or died. Now, was there ever a conspiracy published so widely that one end of the country kept so secret from the other? Was there ever a conspiracy like that, the news of which ran through the West like wild-fire, while the fellows at the East never heard of it? Bank of Wisdom Box 926, Louisville, KY 40201 148 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Everybody knew it out on the plains. All you had to do was to subpoena a fellow that wanted to come to Washington, and he would remember it. And yet that is the evidence that the prosecution desires you to believe. I do not believe it. I do not think I ever shall. But then they promised so much at the beginning, and they have done so little in many respects. Something had to be said, and so Mr. Bliss, on page 265, in a little burst of confidence to the jury, says: At least one United States Senator was the paid agent of these defendants. Who was the Senator? Mr. BLISS. Did I say that, sir? Mr. INGERSOLL. Look at page 265 and see whether you did. Mr. BLISS. Read all that I said there. Mr. INGERSOLL. I will do that. But we shall show to you that at least one United States Senator urging such increase, was the paid agent of these defendants. Mr. BLISS. I then went on and said we should show it if you put him on the stand. Mr. INGERSOLL. Yes, if we furnished you the evidence. Mr. BLISS. No, sir; that is not what I said. Mr. INGERSOLL. Why didn't you produce the Senator? Mr. BLISS. Why didn't you put him on the stand? Mr, INGERSOLL. How did I know what Senator you meant? Mr. BLISS. Did you have two? Mr. INGERSOLL. No, sir; and we did not have the one. If you could have proved it, it was your duty, as the attorney of the United States, to do it, and if you did not do it, you did not do your duty in this case. Mr. BLISS. Whose name is expressed in the memorandum? Mr. INGERSOLL. Why did you not say that to the jury? You dared not do it. That is like what was said here the other day before this jury, and taken out of the record. We will come to it. These are the gentlemen who did not wish to stain the names of citizens. These are the gentlemen who did not wish to bring anybody into their, case that had not been indicted. And yet Mr. Bliss, in his opening, said that he would show you at least one Senator who was the paid agent of these defendants; and now, having failed to do Bank of Wisdom Box 926, Louisville, KY 40201 149 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. it, he stands here before you and asks whose name was on the pencil memorandum, meaning that J.H. Mitchell was the paid agent of these defendants. Ah, gentlemen, I would not, for the sake of convicting any man on this earth, stain the reputation of another in a place and in a way where that other could not defend himself. I would not do it. I do not think there is any crime beyond that. It is as bad to stab the reputation as it is to stab the flesh; it is as bad to kill the honor of the man as to put a dagger into his heart. There are so many things in these papers that I would never get through, if I commented upon them all, if I talked forty years, I now refer to page 4509. I have to change from one of these lawyers to the other. Now, on this subject of subcontracts, showing how we are endeavoring to cheat and defraud the Government, Mr. Ker says, at page 4509: Acting upon Stephen W. Dorsey's advice he put in this clause giving the subcontractors sixty-five per cent. of the increase. I want you to remember the sixty-five per cent., because I will show you some subcontracts with that amount in, but I do not want you to think for one moment that the subcontractors ever got a dollar out of it. Gentlemen, the evidence is that the subcontractors were paid the amount mentioned in their subcontracts. I believe all of them are on file in this case, and on all that were filed in the department the money was paid directly to the subcontractor. And yet Mr. Ker tells you that he does not want you to think for a moment that the subcontractors ever got one dollar out of it. Is it possible, gentlemen, that there is any necessity for resorting to such statements? Can you conceive of any reason for doing it, except that they are actually mistaken, except for the fact that they know they have not the evidence to convict these defendants? We are not begging of you. We are not upon our knees before you. But we do want to be tried according to the evidence and according to the law. We do not want your mind, nor yours, nor yours [addressing different jurors] poisoned with a misstatement. We want to be tried, and we want the verdict rendered by you when every fact is as luminous in your mind as the sun at mid-day. We want every fact to stand out like stars in a perfect night, without a cloud of doubt between you and the fact. That is the kind of a verdict we want. We want a verdict that comes from a clear head and a brave heart. We do not want a verdict simply from sympathy. We want a verdict according to the evidence and according to the law. And when the verdict is given we want every one of you to say, "That is my verdict; I found it upon the evidence and upon the law; dig beneath it and you will not find used as the corner-stone a misstatement, or a mistake, or a falsehood; it stands upon the rock of fact, upon the foundation of absolute truth." Do you know that if I were prosecuting a man, trying to take from him his liberty, trying to take from him his home, trying to rob his fireside and make it desolate, and if I should succeed and afterwards know that I had made a misstatement of the evidence to the jury, I could not sleep until I had done what was in my power Bank of Wisdom Box 926, Louisville, KY 40201 150 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. to release that man; and after he was released, or even if he were not released, I would go to him when he was wearing the prison garb, and I would get down on my knees and beg him to forgive me. I would rather be sent to the penitentiary myself, I would rather wear the stripes of eternal degradation, than to send another man there by a misstatement or a mistake that I had made. That is my feeling. I may be wrong. It may be that I am guilty, according to Colonel Bliss, of sneering at everything that people hold sacred. But I do not sneer at justice. I believe that over all, justice sits the eternal queen, holding in her hand the scales in which are weighed the deeds of men. I believe that it is my duty to make the world a little better, because I have lived in it. I believe in helping my fellow-men. I do no not sneer at charity; I do not sneer at justice, and I do not sneer at liberty. And why did he make that remark to you, gentlemen? Is it possible that for a moment he dreamed that he might prejudice your minds against the case of my client, because, I, his attorney, am not what is called a believer? Is it possible that he has so mean an opinion of a Christian that a Christian would violate his oath when upon the jury, simply to get even with a lawyer who happened to be an infidel? Is that his idea of Christianity? It is not mine; it is not mine. I stand before you to-day, gentlemen, as a man having the rights you have, and no more; and I am willing to work and toil and suffer to give you every right that I enjoy. And I know that not one of you will allow himself to be prejudiced against my client because you and I happen to disagree upon subjects about which none of us know anything for certain. I do not believe you will. And yet, that remark was made, gentlemen -- I will not say that it was made, but may be it was -- hoping that it would lodge the seed of prejudice in your minds, hoping that it might bring to life that little adder of hatred that sleeps unknown to us in nearly all of our bosoms. I have too much confidence in you, too much confidence in human nature to believe that can affect my client. Now, gentlemen, there is no pretence, there is no evidence that every subcontractor did not get the per cent. mentioned in his subcontract, except one, and that was Mr. French, on the route from Kearney to Kent; and the evidence there is that Miner settled with him, I believe, and gave him a certain amount of money in lieu of expedition. That is the solitary exception. Now, gentlemen, I come to a most interesting part of this discussion, and I hope we will live through it. In the first place, what is a conspiracy? Well, in this case, they must establish that it was an agreement entered into between the persons mentioned in this indictment, or two of them, to defraud the Government. How? By the means pointed out and described in the indictment. While it may not be absolutely necessary to describe the means, I hold that if they do describe them, tell how the conspiracy was to be accomplished, they are bound by their description; they must prove such a conspiracy as they describe. If a man is indicted for stealing a horse and the color of the horse is given, it will not do to prove a horse of another color. If they describe the offence they are bound by the description. Bank of Wisdom Box 926, Louisville, KY 40201 151 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Now, this is a conspiracy entered into, as they claim, by the persons mentioned in the indictment, to do a certain thing. What is the object of the conspiracy? To defraud the Government. And, gentlemen, I believe the Court will instruct you that the conspiring is the crime. The object of the conspiracy is to defraud the United States. What are the means? According to this indictment false petitions, false oaths, false letters, false orders. What I insist on is that the means cannot take the place of the object; that the means cannot take the place of the conspiracy described. When you describe a conspiracy by certain means to defraud the Government, and Set out the means so that the Second Assistant Postmaster-General is a necessity, then you cannot turn and shift your ground, and say that it was not the conspiracy set out in the indictment, but that it was a conspiracy to do some of the things recited as means in the indictment; you cannot say that it was not a conspiracy entered into with the Second Assistant Postmaster- General, but was a conspiracy entered into with some others to make a false petition or a false affidavit. The ostrich of this prosecution will not be allowed to hide its head under the leaf of an affidavit. They must prove, in my judgment, the conspiracy that they describe in the indictment, and none other. Now, what else? You must be prepared, gentlemen, when you make up a verdict, if you say that there was a conspiracy, to say when it was entered into and who entered into it. And I suppose when you retire, the first question for you to decide will be: Was there a conspiracy? Has any conspiracy been established beyond a reasonable doubt? If you say yes, then the next question for you to decide is, who conspired? Who were the members of that conspiracy? After you do that there is one other thing you have to do: You have to find that one of the conspirators, for the purpose of carrying the conspiracy into effect, did something; that is called an overt act. You have to find that at least one of them did something to effect the object of that conspiracy. You must remember, gentlemen, that the overt act must come after the conspiracy. In other words, you cannot commit an overt act and make a conspiracy to fit it. You must have the conspiracy first, and then do an overt act for the purpose of accomplishing the object of that conspiracy. The conspiracy must come first, and the overt act afterwards. You all understand that now. Now, this indictment is so framed that the earliest time within the life of the statute of limitations for an overt act is the 23d day of May, 1879. Why? The indictment charges that as the day, the conspiracy was entered into. Any overt act in consequence of that conspiracy must have been done after the 23d of May, 1879. Now, get that in your heads, level and square. The conspiracy, according to this, is not back of the 23d of May, 1879, and any overt act done, in order to be considered an overt act, must be done after the date of that conspiracy. If they prove any act done before that time, it shows that it was not an overt act belonging to the conspiracy mentioned in the indictment. If it is an overt act at all, it is an overt act of another conspiracy entered into before the date mentioned in this indictment, and consequently will not do for an overt act in this case. Now, I want you all to understand that. Bank of Wisdom Box 926, Louisville, KY 40201 152 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. I forget how many overt acts are charged in this indictment; some sixty or seventy, I think. And understand me, now, gentlemen, no matter what date they fix to an overt act in the indictment, no matter whether there is any date to it or not in the indictment, if it turns out to have been done before the time fixed for the conspiracy it is dead as an overt act: it is good for nothing. The overt act is the fruit of the conspiracy; the conspiracy is not the result of the overt act. Now let me make a statement to you, so that you will understand it. Every petition, every letter, every affidavit, upon which orders for expedition were based, was filed before the 23d of May, 1879, except on two routes -- Toquerville to Adairville and Eugene City to Bridge Creek. If that is true, then not a solitary petition filed in this case can be considered as an overt act; and a conspiracy without an overt act is nothing; it simply exists in the imagination; it is an agreement made of words and air, and never was vitalized with an act done by one of the conspirators for the purpose of giving it effect. Recollect that every petition, every affidavit, every letter filed, was filed before the 23d day of May, with the two exceptions I have mentioned. That is the date when the conspiracy came into being. And consequently an overt act must be after that time. Now, when they came to write this indictment, why did they not tell the truth in it? I do not mean that in an offensive sense, because a man has the right to write in that indictment what he wants to. That is a matter of pleading. But why did they not tell the facts? Why did they put in the indictment that a certain petition was filed on the 26th day of June, when they had the petition before them and knew that it was filed in April, 1879? Why did they put in that indictment that a certain affidavit was filed on the 26th or 27th of May, I think it was, when they knew that it was filed in April or March? Why? Because if they had put that in the indictment the indictment would have been quashed, so far as their overt acts were concerned. The Court would have said, "I cannot allow you to put on paper that a man entered into a conspiracy on the 23d of May, and then did an act to carry that conspiracy into effect in April before that time. I cannot allow you to do that, because that is infinitely absurd, and pleadings have to be reasonable on their face." But you see they stated that this was done after the conspiracy. They had to do it or they would be gone. I believe there is no dispute about this law that if they describe the overt act -- and they must describe it, because it is a part of the offence -- that is, the offence is not complete without it -- they must prove it exactly as they describe it. If they describe it with infinite minuteness, they must prove it with infinite minuteness. If they set out that an affidavit was written on bark, they must produce a bark affidavit. If they were foolish enough to say it was written in red ink they must produce it in red ink. If they allege that an oath was sworn to twice before two notaries public they must produce an oath sworn to twice. They are bound to prove exactly what they charge, and if they were too particular about it that is their fault, not ours. I say that all these, with the exception of the two routes I have named, were filed too early to play any important part in this Bank of Wisdom Box 926, Louisville, KY 40201 153 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. case. Now, I will come to those routes. Remember, that every overt act must be after the conspiracy. There are two exceptions, and those two exceptions include petitions and affidavits. And there is a splendid kind of justice in the way this thing is coming out, so far as that is concerned. The petitions filed on the Toquerville route and on Bridge Creek route, I believe, are genuine; I believe the Government admits that they are honest; and they were not attacked except upon one point, and that was that a daily mail did not mean seven times a week. The point made by the Government was that a daily mail meant six trips a week -- that is, where you have them every day. We took the ground that daily mail meant a mail every day, and that in the Western country, as here, they have seven days in a week. We contended that you cannot have a daily mail without having seven trips a week. I think that was the only point made against these petitions -- that they were for a daily mail, and that somebody put in a figure 7. No petition for increase of service alone was ever attacked by the Government in this case, except 25L, on The Dalles route, and 20H and 29H, on the Canyon City route. 25L was filed April 23, 1879. That was one month before the conspiracy had life. Consequently that is mustered out of this case as an overt act. 23L was filed June 27, 1879, and is in time, provided it had been a dishonest petition. And it is the only petition filed on the date alleged in the indictment, and it was not attacked. It was signed by the business men of Baker City, and is set out, I believe, on page 1617. 20H was filed May 7th. That is not in time. That is gone. 29H has no file mark, and never was proved. So that goes. All the allegations as to false petitions for increase of service -- and by that I mean additional trips -- are shown to have been genuine, honest, true petitions. There are but two affidavits, one correctly described. Both were made by Peck. Mr. Bliss admits that Peck had nothing to do with any of these routes after April 1, 1879, and both of them were made by Peck, and were sworn to before that date. The affidavit on the Toquerville route was filed by M.C. Rerdell, who swears that he was not in any conspiracy to defraud the United States; that he was not in a conspiracy with Vaile and Miner and John W. Dorsey, nor with anybody else. It was filed by the subcontractor of record, M.C. Rerdell, and it is the same route on which Mr. Rerdell, by virtue of his subcontract, appropriated about five thousand dollars of money belonging to other people. The other exception is on the Bridge Creek route, and, strange as it may appear, that was also filed by Mr. Rerdell. And, strange as it may appear, it has not been successfully impeached as to the men and horses necessary under the existing and proposed schedule. The overt act is not proved, because the oath is not proved to be Bank of Wisdom Box 926, Louisville, KY 40201 154 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. false, and because Peck and Rerdell, according to Mr. Bliss's admission and according to Rerdell's oath, were not in the conspiracy, and the overt act has to be done by one of the conspirators, of course. The COURT. I understood -- I do not know whether I have been under a delusion all this time or not -- that the indictment charged that these affidavits and false petitions were the means by which the conspiracy was to be carried into execution; that they were not the overt acts. If they had been set out as overt acts in the indictment, the Court would have seen that they antedated the time, and if an objection had been made to them the Court would not have received them as overt acts. The reason why they have been admitted and regarded as in the case all along, to my mind, was that they were acts tending to prove, so far as they tended to prove anything, the nature of the combination between these parties anterior to the 23d of May. Mr. INGERSOLL. Before the conspiracy. The COURT. Before the conspiracy. So that whatever character belonged to that association anterior to that time, if it was continued on after that time, carried out with overt acts done subsequently to that time, they were properly received as evidence going to establish the conspiracy -- not as overt acts, but as means to show the character of the combination amongst the parties anterior to that date. Mr. INGERSOLL. That saves me a great deal of argument. Now, I understand, gentlemen, that the Court will instruct you that you cannot take any petition, any letter, any oath, any paper of any kind that was filed or written or used prior to the 23d of May, 1879, as an overt act; that all that evidence is for is to show you the relation sustained by the parties before that time. The COURT. Yes; you are right. Mr. INGERSOLL. Now, that saves a great deal of trouble. There are on the Toquerville and Adairville route, and on the Eugene City and Bridge Creek route, petitions filed after the 23d of May, 1879, set out in the indictment as overt acts. I shall insist, if the Court will allow me, that if there is no evidence that those petitions were dishonest, no evidence going to show that they were not genuine, those petitions cannot be used as overt acts for the reason that they are charged in the indictment as false and fraudulent petitions. no, gentlemen, I take that ground, that as to the petitions filed after the 23d day of May on the only two routes left for these gentlemen to find overt acts upon (Eugene City to Bridge Creek, and Toquerville to Adairville), if those petitions have not been proved to be false they cannot be regarded as overt acts for the reason that they were described in the indictment itself as false and fraudulent petitions. It is perfectly clear, is it not? What else have we left? A couple of affidavits. Who made them? Mr. Peck. When? Before the 1st day of April, 1879, and Mr. Bliss admits that from that time on he never had anything to do with this Bank of Wisdom Box 926, Louisville, KY 40201 155 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. business. Mr. Rerdell filed them, and Mr. Rerdell swears that he was never in any conspiracy; and Mr. Bliss admits that Peck, after the 1st of April, had nothing to do with this business. That substantially knocks the bottom out of that dish. Now, they attacked the affidavit on the Bridge Creek route, but they did not succeed in showing that it was not an honest affidavit. Now, gentlemen, after what the Court has decided I want to call your attention to another thing. Do not forget what the Court has decided -- that all these things are not overt acts, but that they simply show the relations of the parties. Now, if you go and find Vaile and Miner getting up petitions on their routes, and you also find Dorsey getting up petitions on his routes, then they claim that that is the result of an agreement between them. That is not the law. Neither is there in that the scintilla of common sense. If I find you plowing in your field and your neighbor plowing in his field, I have no right to draw the conclusion that you have conspired to plow or to help each other. But if I find your neighbor and you plowing in your field, and I afterwards find you and your neighbor plowing in his field, I have the right to conclude that you have swapped work and that you have something in common. If I find you plowing in your field and your neighbor walking behind you sowing grain or dropping corn, and then I find you in the fall shucking out the corn together, and I find your neighbor taking half of it to his barn and you taking half of it to your barn, I make up my mind that you have had some dealings on the corn question. Now, we find that on May 5, 1879, these parties absolutely divided, and after that, when Vaile and Miner got up a petition on their route, Dorsey did not help them; and when Dorsey got up one on his, Vaile and Miner did not help him. That shows what the relations of the parties were. Does that show that they were then in a conspiracy? Does it show that they had any conspiracy before that time? They had separated their interest; they had ceased to act together; one did nothing for the other. If there had been a conspiracy before that time that conspiracy died on the 5th of May, 1879; and if it did, then there is no possibility of any conviction in this case, no matter what the evidence is -- not the slightest. Now, I want you to understand that ground exactly. I am not begging the question. I am not afraid to meet every point, every paper, every scratch, in this case. But I want you to understand it. All those things were allowed for the purpose of showing the relations of the parties, the relations that the defendants sustained to each other and the evidence is that they sustained no relations to each other after 1879; that each went his own road to attend to his own business in his own way. That is the evidence. Now comes the next point. What are the overt acts in the indictment? Really they are the orders made by Mr. Brady, unless you take this poor little affidavit made by Peck and filed by Rerdell. Bank of Wisdom Box 926, Louisville, KY 40201 156 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Then comes the next point. You cannot treat anything as an overt act unless it was made by one of the conspirators. Is there any evidence in this case that Mr. Brady ever conspired with anybody? Not the slightest. And unless he conspired with us any order made by him cannot be regarded as an overt act in this case. I think everybody will admit that. Unless Brady conspired with us, and we with him, any order of his cannot be regarded as an overt act. I ask you, gentlemen, what evidence is there in this case that Mr. Brady ever conspired with any of these defendants? I will answer that question before I get through, and I think I will answer it to your entire satisfaction. I will go a step further in this case, and I may go a little further than the Court will go. I say that when they state in that indictment that an order is made for the benefit of Miner, Vaile, and Dorsey, and the evidence is that it was made for the benefit only of Vaile and Miner, that is a fatal variance, and it cannot be treated as an overt act for any conspiracy. And when the indictment charges that an order was made for the benefit of S.W. Dorsey, and Vaile, and Miner, and it turns out that it was made for the sole benefit of S.W. Dorsey, I claim that that is a fatal variance. Gentlemen, I was going through all these overt acts and all these terrible false claims. But the decision of the Court has utterly and entirely relieved me from that duty. So I will turn my attention to another person. The next defendant to whom I may call your attention is Mr. John W. Dorsey. It is claimed that John W. Dorsey was one of the original conspirators; that he helped to hatch and plot this terrible design. Let us see what interest John W. Dorsey had. You have beard me read the agreement he made, have you not, with Miner? Now, let me read to you the agreement that he made on the 16th day of August, 1878. Now, we will find out what interest John W. Dorsey had in all this conspiracy. On the 16th of August, 1878, there was no reason for telling any lie about it. They could not get on the routes in August, 1878; they had not the money, and so they took in Vaile. At that time, gentlemen, there was no reason for their writing anything in this paper that was not true, not the slightest. And I take it for granted that most people tell the truth when there is no possible object in telling anything else, if their memory is good: 4th. The profits accruing from the business Shall be divided as follows: From routes in Indian Territory, Kansas, Nebraska, and Dakota, to H.M. Vaile, one-third. To John R. Miner, one-sixth; to John M. Peck, ene-sixth; and to John W. Dorsey, one-third. From, routes in Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, Idaho, Washington, Oregon, Nevada, and California, to H.M. Vaile, one-third; to John R. Miner, one-third; to John M. Peck, one-third. [Page 4014.] Bank of Wisdom Box 926, Louisville, KY 40201 157 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. And to John W. Dorsey nothing. The entire interest of John W. Dorsey in the whole business was one-third of the profits on routes in the Indian Territory, Kansas, Nebraska, and Dakota, This was signed by H.M. Vaile, John R. Miner, John M. Peck, and John W. Dorsey, and I believe these are all admitted to be the genuine signatures of the parties. The only routes mentioned in this indictment in which John W. Dorsey on the 16th day of August, 1878, had any interest whatever were: Kearney to Kent in Nebraska, Vermillion to Sioux Polls in Dakota, and Bismarck to Tongue River in Dakota. Remember that, gentlemen. That is very important. The evidence is that he sold out his interest in the following December, made a bargain for ten thousand dollars, and the evidence is that he received the money, and the evidence is that after that he never had any interest in the profits, no matter how much was Made. And yet these gentlemen say that he was part and parcel of a conspiracy formed on the 23d of May, 1879, Long before that time he had sold out every dollar's interest he had, and had no more interest in it than though he had never existed. He got his ten thousand dollars; that was all. Now let us see what he did when the routes were divided. Mr. MERRICK. When did you say he sold out and got the money? Mr. INGERSOLL. The bargain was made in December, and his brother wrote to him at first that Vaile would not give it to him, and then that he would. Don't you recollect the two letters you asked Dorsey so much about? It had been agreed to once, and then after S.W. Dorsey came out of the Senate John W. Dorsey was paid ten thousand dollars, and Miner swears that the division was absolute, perfect, and complete; and that nothing was signed by one for the other after the 5th of May, 1879. Mr. BLISS. Miner does not say when. He swore that he signed no papers after the 5th of May, 1879. Mr. INGERSOLL. He says that he signed no papers for the other side, and that the other side signed none for Vaile and Miner. Mr. DAVIDGE. You are talking of two different things. Mr. INGERSOLL. I will show you after awhile that you are wrong, as I always do. I never made a mistake on you yet. The only routes mentioned in this indictment in which John W. Dorsey on the 16th day of August, 1878, had any interest whatever were from Kearney to Kent, in Nebraska; Vermillion to Sioux Falls, in Dakota; and Bismarck to Tongue River, in Dakota. And I will say right here that if at any time I do injustice to Mr. Bliss or anybody else, if it is pointed out I will take it back cheerfully, and if it is not pointed out, and they show that I did it, I will get up and admit it and say that I was mistaken. Mr. BLISS. You will have a great deal to admit. Mr. INGERSOLL. Very well, I will do it, for I have the courage of conviction, and I have the courage to say that I am mistaken when I am. Box 926, Louisville, KY 40201 158 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Now, the evidence is that John W. Dorsey sold out his interest for ten thousand dollars, and that he received the money, and that after that he had no interest in the profits when the three routes were divided, and the only three were the ones I have mentioned. On the first route, from Vermillion to Sioux Falls, John W. Dorsey was the subcontractor and he gave Mr. Vaile the entire pay for all increases and all expeditions. John W. Dorsey had the right to subcontract, and Mr. Vaile had the right to make the contract. The statement on page 726 shows simply that John W. Dorsey never drew a dollar upon that route. That is one route fairly and squarely disposed of. Understand, I cast no imputation upon Mr. Vaile for having the contract and for getting the money. When I come to it I will show you that he had a right to. The next route is from Kearney to Kent. John W. Dorsey had an interest in that route, according to the agreement of August 16th, of one-third. You will see from page 726 of the record that the first quarter John M. Peck got the money, two hundred and forty- five dollars and six cents. John W. Dorsey was entitled to one- third of that, if it was profit. The next quarter was paid on the 22d of January, 1879 -- that is, for the fourth quarter of 1878, and that was paid to H.M. Vaile. And never another solitary cent was paid to anybody in such a way that John W. Dorsey was entitled to any part or portion of it. That gets that route out of trouble, so far as John W. Dorsey was concerned, no matter what the increase may have been after that, no matter what the expedition was, no matter whether French carried it for nothing, no matter what happened to Cedarville or that city of Fitzalon; it was no interest to John W. Dorsey, no matter whether the road ran direct from Fitzalon to Cedarville or not. He was entitled to one-third of the profits on one payment to Peck, and that payment was two hundred and forty-five dollars and six cents,; whether he ever got it I do not know. Let us see how he came out on the next route, from Bismarck to Tongue River. He went out there to build stations. I will come to that in a little while. Now, I call attention to page 727. The third quarter from July 1 to September 30, 1878, was paid November 8, 1878, to H.M. Vaile, Never a solitary dollar on the route was paid to John W. Dorsey, according to this record, if you can rely on these books. That is the state of the case on these three routes. And yet it is solemnly averred in the indictment that all the orders on these routes were made for the joint benefit of John W. Dorsey and others. Now, before another payment was made the division of the routes had been completed, and John W. Dorsey sold out his interest in these routes and all others for ten thousand dollars. So that he never received a dollar upon the Bismarck route and the Vermillion route except as it is included in the gross sum of ten thousand dollars which he received for his entire interest, and that entire interest is described perfectly in the contract of August 16, 1878. Now, if John W. Dorsey had no interest in any route except as stated in the contract, of course nothing was done upon any other route for his benefit; nothing was done in which he, by any possibility, had the slightest pecuniary interest. How were the petitions filed for his benefit? How were the affidavits made for Bank of Wisdom Box 926, Louisville, KY 40201 159 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. his benefit? How were the orders made for his benefit? He had no interest; he had parted with it, and had nothing more to do with it than the attorneys for the prosecution in this case. It is claimed by Mr. Bliss that when John W. Dorsey sold out he agreed to make the necessary papers for the routes, and he tried to impress upon your minds the idea that the bargain was that John W. Dorsey knew that for ten thousand dollars he had to commit perjury and forgery and several other cheerful crimes, from time to time, as he might be called upon by the gentlemen who had been his co-conspirators. J.W. Dorsey frankly and cheerfully swore that he agreed to make the necessary papers. He did not swear that he agreed to commit any frauds, perjuries, or forgeries. Nothing of the kind. He agreed to execute, of course, the necessary legal papers -- the papers that, as contractor, were necessary for him to make to vest title of the route in the person to whom he had sold -- just the necessary papers that would allow the man who had paid him for the route to draw the money from the Government if he performed the service. Now, what were the papers? I say right here, gentlemen, that under the law as it was then, under the law as it is now, it is impossible for a contractor to assign his contract so as to be relieved from responsibility to the Government; the Government will not permit it. The Government will permit him to make a subcontract, and that is what John W. Dorsey did: that is one of the things he agreed to do. In order to make that subcontract absolutely order to put it beyond his power to do anything with it, that subcontract was made for the entire pay, for the entire increase and expedition. And what more? In order to make that absolutely perfect, so they would not have a loop-hole anywhere, he signed blank drafts upon the Post-Office Department for the entire pay of every quarter during the contract term. And then, if they were fined -- and nobody knew how much they would be fined -- they had the right to fill up that order for the amount due them from the Post-Office Department after deducting fines. He sold out in March, 1879. The regulation or order making it necessary for the contractor to make an oath as to additional stock and men was not in existence, was not a binding law or regulation, until the 1st day Of July, 1879. When he sold out in March, unless he were gifted with prophecy, he would not know what the regulation of the 1st of July following would be. Now, there were two affidavits made by John W. Dorsey on route 38134, Pueblo to Rosita. Around those affidavits Mr. Bliss hovered and Mr. Ker remained. John W. Dorsey testifies that he received one of those affidavits in the morning and swore to it, and that it was filled up when he swore to it. Mr. Bliss and Mr. Ker, I believe, both say that it was not filled up. Mr. BLISS. Where does Mr. Dorsey say that it was filled up when he swore to it? Mr. INGERSOLL. I have not the page here, but I will give it to you. He swore that a dozen times, that he never swore to any blank affidavits. Box 926, Louisville, KY 40201 160 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Mr. BLISS. I undertake to say that it cannot be found in his evidence. The COURT. He testified that he received them both by mail, and that the second one was contained in a letter which said that there was an error in the first, and the second was sent for the purpose of correcting that error. Mr. INGERSOLL. There could not have been any error in the first unless it had been filled up. You cannot make an error in blank. On page 4838, Mr. Rerdell swore that he left this city on the 17th or 18th of April for the West, and then he adds, "I think on the 18th." Then the Government brought the hotel-keepers from Sydney, Nebraska, and from Denver, and from some other place, nearly as many witnesses as you had about the paper pulp. And they proved that Rerdell was beyond the Missouri River on the 21st of April. Now see what Mr. Bliss says on page 4914: And yet, gentlemen, it is beyond dispute that as early as the 15th of April, 1879, Mr. Rerdell had left this city and gone Wert. Why did he have it stated on the 15th, gentlemen? I will tell you. Oh, I tell you the human mind is a queer thing when it gets to working. John W. Dorsey was in Middlebury, Vermont; if a letter had been sent from here on the 15th, it certainly would have got up there before the 21st. So they wanted Rerdell out of this town as early as possible, so that it would make it highly improbable that it would take a letter from that time to the 21st to get to Middlebury. Now, the evidence is that he left here, he thinks, on the 18th. When did the letter get up there? I think the 20th or 21St. Mr. DAVIDGE. There was a Sunday intervened. Mr. INGERSOLL. They say, gentlemen, that there is no evidence that the blanks were filled, and yet John W. Dorsey swears that he received a letter stating that the first affidavit was erroneous, and the second one was sent to him to correct it. How would you correct one affidavit in blank by another affidavit in blank? How did he ever get those affidavits? I will tell you. We will have that little matter settled. Here is what Rerdell swears on page 2232: Q. When did you return from that visit? -- A. I returned about the 5th of May. Q. State whether or not after you returned, you found blank affidavits among the papers connected with the business? -- A. Yes, sir. Q. How many did you find? -- A. Well, there were several blank affidavits of John W. Dorsey's and several of John M. Peck's. I don't know how many there were. Q. Were they blank affidavits? -- A. Well, sir, they were blank affidavits similar to that one I sent, leaving out the number of men and animals in each case. Box 926, Louisville, KY 40201 161 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Q. Did they purport to have been sworn to? -- A. Yes, sir. Q. Were those affidavits among the papers when you left here to go West? -- A. Some of them were. I think those of Peck's were here, probably four or five, or half a dozen, and I had made out, before I left here, a lot of them and sent them to John W. Dorsey. In the mean time, when I returned here, John W. Dorsey was here. Mr. Rerdell swears that just before he went away he sent the affidavits to John W. Dorsey, and the only question between them is, were they in blank, or were they filled. John W. Dorsey swears that they were filled, because when he received the second he received a letter stating that there was an error in the first, and that error had been corrected in the second. The last nail in the coffin of that doctrine. Mr. INGERSOLL. [Resuming.] May it please the Court and gentlemen of the jury, before finishing what I am about to say in regard to the two affidavits of John W. Dorsey, I will now call your attention to a statement made by Mr. Bliss, on page 304, in his opening speech to you: Mr. Dorsey, while Senator, was, I think, chairman of the Committee Post-Offices, and chairman of the subcommittee in charge of all the appropriations. That brought him, of course, directly in connection with the Post-Office Department and its officials, and gave him, as we all understand, necessarily, from the nature of the case, the possession of some exceptional power over officials of the department -- greater power than a Senator would have when occupying some other position. That statement was made to you, gentlemen, for the purpose of making you believe that while Senator Dorsey was a member of the Senate he was also chairman of the Post-Office Committee, and of the subcommittee having power over the appropriations, and that he not only took advantage of being a Senator, but by virtue of being chairman of that committee had exceptional power over the officials of the Post-Office Department. He was trying to convince you that, finding himself chairman of that committee, finding himself with this power, he thereupon entered into a conspiracy. What evidence did the Government offer upon that point? Nothing. Did Mr. Bliss at that time suppose that Mr. Dorsey was chairman of that committee? The records were all here. The Government had plenty of agents to ascertain what the fact was; and yet, without knowing the facts, Mr. Bliss stated to this jury that he believed that; that Dorsey was chairman of the Post-Office Committee and of the sub-committee; wanting to poison your minds with the idea that Mr. Dorsey had taken advantage of having held that position. Now, the only evidence upon that point I find on page 3992, and that is the evidence of Mr. Dorsey himself. He is asked, Were you a member of the Post-Office Committee in 1877? No. In 1878? No. Or chairman of the subcommittee? Here is what he says, that he had not been on that Post-Office Committee "for nearly two years" prior to July 1, 1878. And yet an attorney representing the United States, representing the greatness and honor, the grandeur and the glory of fifty millions of people, for the purpose of poisoning your minds, there made that statement without knowing anything about it or without caring anything about it. I thought I would clear that point up the first thing this morning. Box 926, Louisville, KY 40201 162 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Now we will go on with the affidavits. You know these terrible affidavits that were sworn to in Vermont. It was stated that the first affidavit was wrong and that the second affidavit was substituted for the first. Now, if the second affidavit took more money out of the Treasury than the first affidavit you might say that there was a sinister motive, a dishonest motive in withdrawing the first and substituting the second, unless it appeared clearly that the second was true. But suppose it turns out that the substitution did not take an extra dollar from the United States? Then what motive do you say they had in doing it? Was it a motive to steal something, or was it a motive simply to be correct? What other motive could there have been? Now, let us see. The first affidavit said three men and twelve animals; for the expedition, seven Men and thirty-eight animals; and the proportion was exactly three hundred per cent -- that is, three times as much. Now, then, they put in another affidavit. The second affidavit says two men and six animals. That makes eight. And on the expedited schedule six men and eighteen animals, which makes twenty-four; and three times eight are twenty-four; exactly the same. Three times fifteen are forty-five, and three times eight are twenty-four, and the amount of money drawn under the second affidavit is precisely the same that would have been drawn under the first affidavit. Now, do you pretend to tell me that they took the trouble to withdraw the first affidavit and put in the second affidavit because they were trying to defraud somebody? On the contrary, they took that trouble because there was a mistake made in the first affidavit and they wanted to correct it, not for the purpose of getting more money, but for the purpose of getting a correct affidavit. Mr. CRANE. (foreman of the jury). Was not that first affidavit interlined? Mr. INGERSOLL. No, sir. If there had been any fraud about it, would they not have withdrawn the paper? They had a right to withdraw it. Yet they left the paper there; they left it there as a witness. Why? Because it did not prove anything against them; it only proved they desired to be correct. My recollection is there were erasures in both affidavits, Let us find them. Before I get through I will endeavor to show you that every erasure and interlineation is an evidence of honesty instead of dishonesty. What are the numbers of these affidavits? [Examining the papers.] They are number 4C and 5C. Route 38134. I will read them. Bank of Wisdom Box 926, Louisville, KY 40201 163 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Hon. THOMAS J. BRADY, Second Assistant Postmaster-General. SIR: The number of men and animals necessary to carry the mail on route 38134 on the present schedule is three men and twelve animals. The number necessary on a schedule of ten hours, seven times a week, is seven men and thirty-eight animals. Respectfully, JOHN W. DORSEY, Subcontractor. There does not appear to be any erasure or interlineation or anything else in that affidavit. Now, here is the other one: Hon. THOMAS J. BRADY, Second Assistant Postmaster-General: SIR: The number of men and animals necessary to carry the mails on route 38134 on the present schedule, seven times a week, is two men and six animals. The number necessary on the schedule of ten hours, seven times a week, is six men and eighteen animals. Respectfully, JOHN W. DORSEY, Subcontractor. That is the second affidavit. The first was withdrawn. That is, they had permission to withdraw it, and in the second affidavit is the interlineation "seven times a week," isn't it? That is simply an interlineation, because there had been an omission to state the service that was then being performed or that was to be performed. Mr. CRANE (foreman of the jury). That has puzzled me a good deal, to understand the motive of those two affidavits. Mr. INGERSOLL. There certainly could not be any motive for putting in seven for three times a week, for this is simply to make it agree with the truth. If I give a note to a man for five hundred dollars and should happen to write in the word "hundred" and not the word "five," and then should take it back and write in the word "five" above it, that is not a sign of fraud. Will somebody give me number 18K; I just happened to see something there which may be worth something or may not. Now, gentlemen, here is a petition marked 2A, that Rerdell swears that the words "schedule thirteen hours" were written in by Miner. In one of these papers I happened to see the word "schedule." just notice the word "schedule" on this paper [exhibiting to the jury,] and then have the kindness to look at the word "schedule" in this other one [exhibiting to the jury,] and see whether You think one man wrote them both. Rerdell says he wrote the word "schedule" in that one [indicating,] and that Miner wrote the word "schedule" in this other one [indicating.] Box 926, Louisville, KY 40201 164 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Now, gentlemen, there is another charge against John W. Dorsey, on route 18145, and upon that route he made two affidavits. In the first affidavit he swore it would require three men and seven animals on the schedule as it then was, and that makes ten; that with the proposed schedule it would take eleven men and twenty-six animals, making thirty-seven. Now, if it took ten on the schedule as it then was, and thirty-seven on the proposed schedule, then the Government, which accepted that affidavit, would have to pay him three times and seven-tenths as much, which is the relation between ten and thirty-seven. The proportion then is three and seven-tenths. On the first affidavit his pay would have been twelve thousand nine hundred and thirty-five dollars and fifty-two cents a year. Now I come to the second affidavit, which said that for the schedule as it then stood it would take twenty men and animals. On the proposed schedule he said it would take twelve men and forty- two animals, making fifty-four. Now, the ratio of the second affidavit was as twenty is to fifty-four. The ratio in the first affidavit was as ten is to thirty-seven, so that under the second affidavit, which they say was willful and corrupt perjury, he got eight thousand four hundred and fifty-seven dollars a year in. stead of twelve thousand nine hundred and thirty-five dollars and fifty-two cents. There were three years for the contract to run, and a little over. Under the first affidavit he would have received thirteen thousand nine hundred and ninety-two dollars and seventy- five cents during the contract term more than he took under the second. An affidavit was put in there that he thought was erroneous. He withdrew that affidavit and put in a second one. If he had allowed the first to remain and they had calculated the amount on the first he would have received thirteen thousand nine hundred and ninety-two dollars and seventy-five cents more than he did under the second affidavit. But he withdrew the first and put in the second, and took from the Treasury thirteen thousand nine hundred and ninety-two dollars and seventy-five cents less, and they charge that as a fraud, as an evidence of conspiracy and perjury. Now, that is all there is against John W. Dorsey. On page 4090 John W. Dorsey swears that General Miles wanted to know how far apart he (Dorsey) was building the stations on the Tongue River and Bismarck route. Let us turn to page 4090. You know they were trying to prove that when John W. Dorsey went out there and built the ranches that he was going to build them about fifteen or seventeen miles apart, because it was claimed that they knew there was to be increase and expedition. You remember that. Now, when John W. Dorsey came upon the stand he swore that when they went out there they started to build those stations, I believe, somewhere in the neighborhood of thirty or thirty-five miles apart, as they could get water. Then he swore that when he went himself over, I think, to Miles City, where General Miles was, that General Miles asked him how far he was building his stations apart. John W. Dorsey told him. Then General Miler, gave him his advice. Now, I want to read this to you. I asked him this question: Q. When you got to Fort Keogh did you go to see General Miles? A. Yes, sir. Q. Did you have any conversation with him in regard to this Bank of Wisdom Box 926, Louisville, KY 40201 165 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. route, with regard to the needs of the country for mail service; and, if so, what was it? A. I told him all about the business generally. He seemed to understand it pretty well. He wanted to know how far apart we were building stations. I told him. He wanted to know how often the mails would run, and I told him it would be a weekly service, I thought. "We have been pent up here two or three years," he says, "with mail from eighteen to twenty days apart, reaching us by the way of Ogden and Bozeman." And he says, We can get it in seven or eight days over this line." And now I would like to say that he did not say that he knew there would be an increase, but he said he should like to have it increased to three trips a week, or daily, and fifty hours time. I told him there was no use to try to get it at all; that it could not be done at present; that nobody knew the distance through that country; that we expected to have it measured; that it was claimed by everybody that it was a good deal more than two hundred and fifty and probably over three hundred miles, and nobody would undertake to carry it. Said I, "If you extend it the contractor can throw up his contract and you will be without any mail." He said, "We are going to ask for what we want, but we will take what they will give us." "Your stations are too far apart; you can't run any fast time with your stations so far apart; you want more stations, and nearer together." The result was that when I went back I met Mr. Pennell, who had built the stations thirty to thirty-five miles apart, and going back we put in intermediate stations. We only carried out lumber enough from Bismarck to build eight or nine stations, for the windows, &c.; we did not think of building any more at that time. Mr. Pennell say; the order was to build the stations seventeen to twenty miles apart in going out. That is no such thing. There was not a station built going out closer than thirty to thirty-five miles. Q. What, if anything, did General Miles say that convinced you that you ought to build stations nearer together? Then he testifies that on account of what he said he did this, and that he had no instructions from Washington. That is the testimony. Mr. Bliss endeavored to frighten the witness by stating in his presence that he (Bliss) did not believe General Miles would swear to any such thing, judging, of course, from the conversation that he (Mr. Bliss) had had with General Miles. Notwithstanding that threat, John W. Dorsey, confident that he was telling the truth, knowing that he was telling the truth, told his story, and the Government never brought General Miles to contradict him. Now, the next thing about John W. Dorsey is the conversation that he had with some men in July or August out on the road, that I have spoken to you about before. Nothing could be more perfectly improbable. It may be that he did tell some man that he was a brother of Senator Dorsey, and, perhaps, he did say that if he got into a tight place or hard up for money he could borrow money from his brother. I do not know what he may have said on that subject. But, gentlemen, there is not a man on this jury, not one of you, who has the slightest suspicion that John W. Dorsey at that time Bank of Wisdom Box 926, Louisville, KY 40201 166 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. told those men substantially that his brother was in a conspiracy with the Second Assistant Postmaster-General, and that he, John W. Dorsey, was also a conspirator. There is not one of you who believes that, not one, and you never will. Why not? Because it is so utterly and infinitely unreasonable and absurd. Now, that is the evidence against john W. Dorsey, My attention is called to one other point in his case, and so I will call your attention to it. Mr. Bliss, gentlemen, on page 243, in speaking of the two affidavits on the Pueblo and Rosita route, says: We find this extraordinary condition of things. On route 38134, from Pueblo to Rosita, which, I think, is the same route upon which the obliging Mr. John W. Dorsey, as I have just stated to you, was allowed to make the affidavit instead of Mr. Miner. Now, he goes on to describe these two affidavits, and then he says: Those two affidavits were before Mr. Brady, made by John W. Dorsey on the same day, and yet Mr. Brady chose to pick out one or the other of them and say, "I believe that as the absolutely conclusive statement of the number of men and animals that are now in use upon that route, and upon that affidavit I will make my order taking from the Treasury thousands of dollars of money." You will see that the first affidavit made the number two men and six animals, making eight as the number of stock and carriers then in use; but the other one called for three men and twelve animals, making fifteen as the number then in use, and, therefore, according as he accepted one or the other, by the rule of three, to which I called your attention just now, there would be twice the amount of money allowed from the Treasury under the one affidavit that there would be under the other. Just think of that, gentlemen. The number of men and animals then in use has nothing to do with the number of men and animals stated in the other affidavit; those amounts bear no relation to each other. The number of men and animals in use in the first affidavit, and the number that would be necessary on the next schedule, do bear a relation to each other. The number of men and animals on the second affidavit on the then schedule bears relation to the proposed number on the proposed schedule, and not to the number on the other affidavit. And yet Mr. Bliss stood right before you, with those two affidavits that would take the same amount of money out of the Treasury, to a fraction, precisely the same -- not the difference of the billionth part of a farthing -- and stated to you that one would take twice as much money from the Treasury as the other. You will think that he is as defective in mathematics as in law. I say to you now that the amount that would be taken out of the Treasury on those two affidavits is precisely the same. I did not think that anybody could excel Mr. Ker in mathematics, but Mr. Bliss bears off the palm. He bears off the palm even in misstatement, and bears off the palm in mistake. The two affidavits would call for the same amount of money precisely, and yet Mr. Bliss stands up before you and says there is twice as much on one as the other. Now, what is that for? That is to prejudice you; that is all. Bank of Wisdom Box 926, Louisville, KY 40201 167 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Gentlemen, you saw John W. Dorsey; you heard his testimony; you know whether he is a man to be believed. It is for you to judge whether he is honest or dishonest, and I leave his testimony with you. It was direct; it was to the point; and his manner on the stand was absolutely and perfectly honest. Now, there is another point made. You know you have to think of these things as you can, and step on them and then go on, Another point is made, and it was urged by Mr. Bliss day after day. And what is that? That Mr. Brady took the affidavits of all these men as absolutely true; that he allowed them to fix the limit of the money they would take out of the Treasury; that he allowed interested men to make the affidavits, and then he took the affidavits as absolutely true; that he allowed the contractors themselves to fix the sum they would seize. Now let us see what that is. Mr. Brady swears that he regarded the affidavit as the honest opinion of the man who made it, but not as necessarily true; that he had a standard of his own. Your views upon all such questions, gentlemen, will depend upon which side of human nature you stand -- whether you are a believer in total depravity, or whether you think there is a little virtue left in human nature. If you stand on the side of suspicion, if you allow the snake of prejudice to forever whisper in your ear, why, your idea will be that every man is a rascal; and whenever he does a decent action you will say, "This action is a little velvet in the paw for the purpose of covering the claw of some devilment that he has in store." If you judge from that side you can torture any act, no matter what it is, into evidence of guilt. But you may judge from the other side and say that men, as a rule, are decent; that they would rather do a kind act than a mean thing; that they would rather tell the truth than tell a lie. I tell you to-day that there is an immensity of good in human nature. There are hundreds and thousands and millions of men to-day who are honest, who would not for anything stain the whiteness of their souls with a lie. They are laboring-men, it may be, working by the day for a dollar or a dollar and a half, and only taking enough of it to keep life and strength in their bodies and giving the rest to wife and child. And there are battles as grand as were ever won by a celebrated general, and just as bravely fought, with poverty day after day; and the man who fights the battles gains the victory and goes down to the grave with his manhood untarnished. You know it, and so do I. And yet you are all the time told to suspect everything, no matter what it is. There is a flower there; ah, but there is a snake under it! Always making that remark; accounting for every decent looking action by a base motive. That is not my view of human nature. Now, Mr. Brady says that he had a standard of his own; that he let these men make their statements, and he took their statements as being what they believed to be the truth. And why not? Suppose I say to a man, "What will you take for that horse?" And the man says, "That horse is worth a hundred dollars." Suppose he goes and swears to it; that would not make any difference in the price I would give for the horse, not a bit. You see I am not buying an affidavit, I am buying a horse. So, when Brady says to the contractor, "What will you carry the mail at six miles an hour for?" and the man says " Twenty-five thousand dollars," and he swears to it, Brady is not buying the affidavit; it is the service. Bank of Wisdom Box 926, Louisville, KY 40201 168 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. If he does not believe the service is worth that much, he says, "I can't do it," and that is all. But they say "No; that is not what Brady did." Now, as a matter of fact, there are nineteen routes in this indictment, and I believe eighteen of them were expedited. I have made a calculation for the purpose of showing that the amount to be paid was a matter of bargain; that it was a matter talked over between the parties; that it was the result of agreement, and that Mr. Brady did not take the affidavit as the actual amount, and that they were not bound to take the amount that he actually said. Now, I have deducted what was allowed from what could have been allowed on the affidavits, and I find that the price did not depend upon the affidavit. I find that there was a difference between the amount called for by the affidavits and the amount granted of over three hundred thousand dollars. And yet these gentlemen say to you that Brady allowed the men who made the affidavits absolutely to fix the amount. Gentlemen, that will not do. It was a matter of agreement, a matter of bargain, the same as any other agreement or any other bargain. Now, gentlemen, suppose they had had a conspiracy and said, "We want to get all the money we can out of the Treasury." They would have agreed upon a per cent.; they would have had all those affidavits showing substantially the same per cent., wouldn't they? Because they would have wanted harmony in it. They would have said, "It won't do for you to make an affidavit on that route with one thousand two hundred per cent., on this route with five hundred, on that route with two hundred and twenty per cent., and on the other route with three hundred and forty per cent, That won't do; that is nonsense; we are in a conspiracy and we want all these things to agree and harmonize." And the result would have been that they would have had about the same per cent. in all those affidavits, And yet those affidavits vary in per cent. all the way from two hundred and twenty to one thousand two hundred. They say, "Result of conspiracy." I do not look at it in that way. It is also claimed that the persons who sold out -- that is to say, John M. Peck and John W. Dorsey -- agreed to make the necessary papers that the other parties required. That being so, why should not affidavits have been made in blank? Now, I ask you if the other parties were willing to swear to anything that these men would write, why were they made that way? Why not avoid the suspicious circumstance of blanks and put the amount in at first, knowing that the men would not hesitate to swear? Of what use was it, gentlemen, to have an affidavit suspiciously made, to have blanks suspiciously left, when the men were willing to swear to any numbers they would put in? Why did not the parties who made the affidavits write in the amounts? Does not that very fact, that blanks were left, show that they were to take the judgment of the men who were to do the swearing? Why would they leave blanks? Why did they not fill them up at the time and have them sworn to? Why were they not continuously written? That is another point, if this was a conspiracy. Guilt is always conscious that it is guilty. Guilt is always suspecting detection. Guilt is infinitely suspicious. Guilt would make all the papers as nearly right as possible. Guilt would look out for erasures. Guilt would abhor Bank of Wisdom Box 926, Louisville, KY 40201 169 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. blots. Guilt would have avoided having blanks filled in with different colored inks. Guilt would want everything fitting everything else, nothing to excite suspicion. Innocence is negligent. The man with honest intentions is the one that does not care. But the guilty man does not travel in the snow. He wants no tracks left. Now, another thing: The fact that no effort was made to have the affidavits in the same handwriting, no effort to have the blanks apparently filled at the same time, that they were interlined, that there were erasures -- all those things tend to show that the parties were honest in what they did. It was just as easy to have one without an erasure as with it; it was just as easy to have one continuously written as to have the blanks filled up; just as easy to have one without any interlineation as with it. And yet these parties, knowing that they were conspirators (according to these gentlemen), Mr. Brady occupying a high and responsible position, were so careless of their reputations, that they did not even endeavor to make the papers passable upon their face. Another thing: These very routes were investigated by Congress in 1878 -- this very business. If the parties at that time had been conscious of guilt, why were any suspicious papers left on file? Why were not others substituted that had no suspicions interlineation, no suspicious erasures, no suspicious blanks that had been filed? Why were these very affidavits at that time reported to Congress? The first investigation was in 1878, and on account of that investigation the contractors for about a month and a half were left. Then there was another investigation in 1880. Mr. MERRICK. Is there any evidence that they were all reported to Congress? Mr. INGERSOLL. I think so; I think that is here in the record. I understand the evidence to be that it was all reported to Congress. Mr. MERRICK. The investigation of 1880 was general, and not as to these particular routes. Mr. INGERSOLL. In 1878 there was a special investigation growing out of these Clendenning bonds and out of the Peck bids, and out of the connection that they said Stephen W. Dorsey had with this business. That is what it grew out of. Now, in the light of that investigation, let us take it for granted for one moment that according to their statement the parties had conspired. If anything on earth would make them afraid about papers I think it would have been that investigation; and yet no effort was made to conceal one, not the slightest. Then we will go another step. General Brady was Second Assistant Postmaster-General. All these papers were absolutely in his power. He could have called for them at any time. Every suspicious paper could have been destroyed or an unsuspicious one substituted for it. Bank of Wisdom Box 926, Louisville, KY 40201 170 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Now, I want to know if it is conceivable that General Brady, under these charges, when the new administration came in, under the threat of the Government, would voluntarily leave those papers upon the files if they had been dishonest and he knew it? Take another step. So far as we have learned from the prosecution I believe there is one paper claimed by them to have been lost. They do claim that there was a second affidavit on the Bismarck and Tongue River route. One is gone and one remains. Which remains? The affidavit for one hundred and fifty men and one hundred and fifty horses. It seems to me absolutely capable of demonstration that we did not take the one that is gone. Had we been going to take anything we would have taken the one for one hundred and fifty men and one hundred and fifty horses, and left the other, But the other, about which nobody ever did complain, was taken, and the one upon which they build their great argument of fraud upon that route was left. And then it turned out that General Brady only allowed forty per cent. of that affidavit. Now, this prosecution was not begun in a moment. It was talked about for weeks and months, I might almost say for years. Talk, talk, talk in the papers everywhere. These men were not suddenly charged with this offence. They understood it; they knew it. I think I have been engaged in this suit, or suits growing out of this business, for two years. It was a matter of slow growth. Mr. Brady retired, I believe, some time in April, 1881, knowing at that time that these charges had been made and that the charges were being pressed. Mr. Dorsey knew it at the same time. All these defendants knew it. Now they say that at that time we were in conspiracy with Mr. Brady, and they say that at that time we were in conspiracy with Mr. Turner. We had the papers in our power. Now, if Mr. Dorsey was wicked enough to conspire, if Mr. Brady was villainous enough to conspire, I ask you whether they would have left behind the evidence of their conspiracy? Why were the papers left? Because General Brady never dreamed that one of them was dishonest. Why did not Vaile and Miner, John W. Dorsey and Peck and Stephen W. Dorsey ask for the papers? Because they believed every one to be honest, and they had no use for them. They were willing that the Government should make out of them what it could. I ask again, is it conceivable that John R. Miner, if he knew there was on the files of the department a petition that he had changed, that he had erased, that he had interlined or forged, is it conceivable, if he had been wicked enough to enter into the conspiracy, that he would have been foolish enough to leave the paper there? Would he not have gone to Brady and said to him, "I conspired; you know it; I changed the petition, and I want it; I erased a word in a petition, I want it; I signed a name to a petition, I want it"? And Brady would have said, "Yes, and you ought to have called for it long ago; you can have it." if S.W. Dorsey had interlined an affidavit or had filled a blank, if S.W. Dorsey had made an erasure or an interlineation, he, of course, must have known it, and if he conspired with Brady he must have known it, and he must have gone to General Brady and said, "I want that affidavit on such a route; we can write another, and I want that; I want that petition;" and it would have been given. You cannot conceive of such infinite Bank of Wisdom Box 926, Louisville, KY 40201 171 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. stupidity as to say that those people knew that those papers were dishonest, and that they still left them on file as weapons for their enemies. You cannot do it. So much, gentlemen, for the affidavits, and so much for the papers. Now, there is another question, and I have no doubt that you have asked it yourselves. It has been asked a great many times by the prosecution. That question is this: Why did Dorsey retain Rerdell in his employ after the 20th of Jane, 1881? These gentleman tell you that it is evidence of guilt that he did it. I will tell you why he did it. At that time the public mind was almost infinitely excited on this question. At that time the public was ready to believe anything. It had its mouth wide open, like a young robin, ready for worms or shingle-nails -- it made no difference -- anything that dropped in. Every newspaper was charging that these defendants were guilty, that Stephen W. Dorsey was a conspirator, that millions had been taken from the Treasury, and there were nearly as many mistakes in the press then as in the speech of Mr. Bliss now. But I can excuse that, because it was before the evidence. Now, what was Mr. Dorsey to do in the then state of the public mind? That man, no matter how bad he was, how base he was, had the power to have him indicted. That man could have gone before the grand jury and had Mr. Dorsey or any other public man indicted in the then state of excitement and feeling of the public. What was the result of his going even to James and MacVeagh? I believe Mr. Turner says that on account of the statement of this man Rerdell, he (Turner) was turned out of his office. That is the effect. What became of McGrew? What became of Lilley? What became of Lake? What became of twenty or thirty other officials upon whose reputation this man had breathed the poison of slander? Stephen W. Dorsey at that time knew that that man in the then state of public excitement was powerful for mischief. That man made the affidavit of June, 1881, at the request of James W. Bosler, as he himself says, and swore that he went to the Government simply to find out the Government's secrets; swore that he was still upon the side of Stephen W. Dorsey; took back what he had said, and swore that it was a lie. The question then was what to do with him? Stephen W. Dorsey made up his mind not to do anything more, just to let him alone, just let him stay as he was. That was the wise course. It was the course that any wise man, in my judgment, would have pursued under the circumstances. What else could he do? Let him alone. Let him alone. He did not at that time expect that he would ever be indicted. He shrank from an indictment, as every sensitive man does, because when you have indicted a man you have put a stain upon him that even the verdict of not guilty does not altogether remove. He did not want that stain. He was a man of power; he was a man of position, a man of social and political standing, a man wielding as much influence as any other one man in the United States. He did not wish to be indicted. He did not wish his reputation to be soiled and stained. And so he allowed that man to stay where he was, He may have made a mistake, but whether mistake or not, that is what he did. There is another question. Why did we fail to produce our books and papers? I will tell you. The notice to produce them was given to us on the 13th day of February. We had noticed curious Bank of Wisdom Box 926, Louisville, KY 40201 172 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. motions. Two days afterwards, Mr. Rerdell went on the stand. What did they want the books and papers for? For Mr. Rerdell to look at. Why did he want to look at the books and papers? To stake out his testimony. He hated to depend upon his memory. We took the responsibility of letting the witness swear to the contents of the books and papers, and let them call that secondary evidence. We took that responsibility rather than to furnish the books and papers to be looked at by that man in order that he might make no mistakes in his testimony. What happened afterwards justified our course. If we had shown to him the books and papers, and checks, and stubs, do you think he would have made any mistake about that seven thousand five hundred dollar check? Would he have said that he went with Dorsey, and that Dorsey drew the money, and that he looked over his shoulder, and that then he and Dorsey walked down to the Post-Office Department, if he had known that that check was drawn to his order? If he had known before he swore, that he indorsed that check, he would have said he went down and got the money himself; he would not have said that Dorsey did, He would have made no mistakes there. He would not have been driven into the corner of saying "stub" or "stubs... "cheek. book " or "check- books," "amount" or "amounts." No, sir. And that one thing justified absolutely the wisdom of our course. Then the Court decided that, having failed to produce out books on notice and allowed the other side to introduce secondary evidence of their contents, we would not be allowed then to produce them. I insisted that we had the right then to produce them, and the Court decided that we had not. We took the responsibility of refusing, and we took that responsibility because we made up our minds that we would not allow that man to look over the books, checks, and stubs for the purpose of manufacturing his testimony. The COURT. Where did you offer to produce the books? Mr. MERRICK. Where did you offer the production of the books? That is just what I was about to ask. Mr. CARPENTER. The Court said we could not. Mr. MERRICK. Where did you make the offer? The COURT. I want to know. Mr. CARPENTER. Mr. Ingersoll did not say he made the offer. Mr. MERRICK. I think he did. The COURT. I think he did. Mr. CARPENTER. just read it, Mr. Stenographer. He says nothing of the kind. The STENOGRAPHER. (reading) I insisted that we had the right then to produce them, and the Court decided that we had not. Mr. INGERSOLL. That is exactly what I say. Bank of Wisdom Box 926, Louisville, KY 40201 173 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. The COURT. The Court did not give any intimation at that time, but after that point in the trial had passed, several days, several weeks, I think, the attention of the Court was called to this question, and the Court remarked, in the course of the opinion, that it understood the law to be that after a party, upon whom notice had been given to produce books, had failed to produce the books, and the other side had given secondary evidence, then the Court would not allow the party having the books to produce them for the purpose of contradicting the secondary evidence. Mr. INGERSOLL. That is all I claim. The COURT. But there was no such offer made, so fir as I recollect. Mr. INGERSOLL. Why should we make the offer after your Honor had decided that we could not do it? Mr. MERRICK. I will answer the question. Because whether it would have been accepted or not was a question for the counsel for the Government when the offer was made. And again, the learned counsel will recollect that after the notice was given, when S.W. Dorsey was on the stand on cross-examination, I demanded those books and those stubs, and he asked leave to consult his counsel. The Court denied that request, and then there was a peremptory refusal to produce any book or any paper. The COURT. Oh, yes. Mr. Ingersoll and Mr. Davidge repeatedly announced to the Court that they were not going to produce books to assist the prosecution. Mr. INGERSOLL. Yes; I said that twenty times, and the Court, as I understood it, held that after we had refused to produce the books and driven the other party to secondary evidence, we could not then produce the books. The COURT. You made no offer to produce the books. Mr. INGERSOLL. I resisted the opinion of the Court and made the best argument I could, but the Court said that was not the law. The COURT. The remark of the Court arose upon an argument on the part of Mr. Ingersoll, and if I am not mistaken, upon the effect of the refusal to produce the books and papers, Mr. Ingersoll contending that there was no presumption against his client on account of the refusal to produce the books and papers, and that the jury ought to be instructed that the only effect of refusing to produce the books and papers was to leave the case upon the secondary evidence. Mr. INGERSOLL. I am not referring to that discussion, nor to that decision of your Honor; I am referring to the decision you made during the trial. The COURT. That was the only occasion since this trial began, in which the Court referred to that rule of law which denied the right to introduce primary evidence for the purpose of contradicting the secondary evidence, after the primary evidence had been withheld in the first instance. Box 926, Louisville, KY 40201 174 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Mr. INGERSOLL. Of course, I am not absolutely certain, I never am; but I will endeavor to find in the record exactly what you said on that subject. And now, in order that we may be perfectly correct, and in order to show, too, how easy it is to be mistaken, Mr. Merrick just said upon that very subject of the books and papers, that while Mr. Dorsey was upon the stand, he asked leave to consult his counsel. If Mr. Merrick will read the testimony he will find that Mr. Dorsey made that remark when he was asked about the affidavit of June 20, 1881. Mr. MERRICK. You are right. Mr. INGERSOLL. That just shows how easy it is to make a mistake when it comes to a matter of recollection. Mr. MERRICK. I think it was upon a question of the insertion of the change in the character of the affidavits being addressed to the President; and when I asked him if he had not made that change he asked leave to consult his counsel. For the moment I thought it was upon the books. But the substance still remains, that, on the question of the books, I asked him on his cross-examination -- and the counsel will state his recollection to be the same -- about the stubs and the books, and called upon him to produce them, and the counsel replied, "We will not." Mr. INGERSOLL. I presume I did. I made that reply a good many times. Mr. MERRICK. Will the counsel be frank enough to state when that decision was made? Mr. INGERSOLL. Which decision? Mr. MERRICK. When he was on the stand on cross-examination. Mr. INGERSOLL. And I said we would not produce them? Mr. MERRICK. After the testimony in chief and Rerdell was gone. Mr. INGERSOLL. Then I said we would not produce them. And now I will say that the decision of the Court was made before that time that we could not produce them, and if I do not show it then I will publicly take it back. The COURT. I do not think you can show it. Mr. INGERSOLL. If I do not, then I will beg your Honor's pardon, and if I do -- if I do -- Now, I think what happened afterwards in this case with that very witness justifies the course that we pursued. He also stated at the time that we had, I believe, some twenty thousand pages of letters on all possible subjects to a great number of people. We knew that there was a spirit abroad -- and some of it in a part of the prosecution -- to find something against somebody else Bank of Wisdom Box 926, Louisville, KY 40201 175 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. somewhere. We made up our minds that our private books and correspondence never should be ransacked by this Department of justice. We took the consequences, and we are willing to take them. We say that the inference from our refusal is an inference of fact, and must be decided by the jury, and is not an inference of law. We have been asked a good many times why we did not put James W. Bosler on the stand. The prosecution subpoenaed Mr. Bosler. They appeared to have an affection for him. They subpoenaed him, and he came here. Afterwards they issued an attachment for him. They had him arrested at midnight and brought here. He gave some testimony, and you will find it on page 2611. Mr. MERRICK. I do not know that there was an attachment. Mr. INGERSOLL. YOU know you have a right to prove things by circumstances. Now, it is said that he put the marshal out of the house; I think that is evidence tending to show that an attachment was issued. Mr. KERR, And kept him out with a club. The COURT. I understood also that Mr. Dorsey kicked somebody else out of his house about the same time. Mr. INGERSOLL. Oh, yes; it has been a very lively term of court. There were two very important things that they were to prove by Mr. Bosler, and they were patting him on the back here for weeks. Friendship sprang up between them. It was a very young plant at first, but the Bosler ivy grew upon the oak of the prosecution. I saw him sitting here, everything delightful. The prosecution, I hoped, began to flatter itself that Mr. Bosler was on their side; I hoped that was so. Finally they put Mr. Bosler on the stand. What did they want to prove by him? That Dorsey wrote a letter to him on the 13th of May, 1879, telling how much money he had given to Brady; that is one thing they wanted to prove by him. The second thing was that Rerdell had written a letter to Bosler, I believe, on the 20th of May or 22d of May, 1880, stating that he (Rerdell) had been subpoenaed to go before the Congressional committee and take his books and papers; that he got very much frightened; that he had taken the advice of Brady and got a very valuable suggestion from Brady, which he was going to follow. They wanted to prove that by Mr. Bosler. Rerdell had already sworn that Dorsey sent a letter to Bosler on the 13th of May, 1879. Rerdell had sworn to the contents of that letter; that the contents were that he had paid Brady so much money, &c., which you remember, and then that he, in 1880, had written a letter to Mr. Bosler, and I believe he pretended to have a copy of it. Now, here comes Bosler's testimony, on page 2611. Q. Have you made a search among your papers to find a letter alleged to have been written to you by Stephen W. Dorsey, and dated on or about the 13th of May, 1879? -- Yes, sir. That is the letter that Rerdell swore about. Bank of Wisdom Box 926, Louisville, KY 40201 176 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Q. Have you searched? -- A. I have. Q. Did you find it? -- A. No, sir. Q. Have you made search for a letter purporting to have been written by him to you, and dated on or about the 22d of May, 1880? -- A. Yes, sir. Q. Did you find that letter? -- A. I did not. The COURT: Was there ever such a letter? Bosler replied: "There never was such a letter received by me." There is the testimony of Mr. Bosler, and on that testimony the two letters of May 13, 1879, and May 22, 1880, turn to dust and ashes. Now, they say, "Why didn't you put Bosler on?" Not much necessity of Mr. Bosler after that. And besides, gentlemen, I believe I will take you into my confidence just a little bit. The evidence of Rerdell as to the affidavit of June 20, 1881, and the affidavit of July 13, 1882 (an affidavit in which he swore that there was nothing against Mr. Bosler, an affidavit that was made apparently for the benefit of Bosler), all that evidence, the evidence of Mr. Stephen W. Dorsey upon those questions, advertised the prosecution that Mr. Bosler knew of many circumstances; that he was present a portion of the time, and I did not know but finally the prosecution would get so much confidence in Mr. Bosler that they would call him. I was hoping they would. They did not. It did not work quite as I expected. That is all there is about that. Now, there is one further point to which I wish to call your attention. I want you to remember that a partnership is not a conspiracy, although all the facts about a partnership are consistent with the idea of a conspiracy up to a certain point; and all the facts about a conspiracy are consistent with a partnership up to a certain point. The fact that men act together does not show that they have conspired; does not show that they have a wicked design. The fact that they are engaged in the same business does not show that they have a wicked design or that they are there by conspiracy. In other words, I want your minds so that you will distinguish between a fact that may be innocent, and generally is innocent, and a fact that must be evidence of guilt. I want you to distinguish between the facts common to all partnerships, common to all agreements, and those facts that necessarily imply a criminal intent. If you will do that gentlemen, you will have but little trouble. [At this point a volume of the report of the trial was handed up to the Court by Mr. Ingersoll with a reference to a certain page]. The COURT. Without looking at the book I take risk of saying that the Court never announced its opinion on that question until the case referred to a few moments ago. Bank of Wisdom Box 926, Louisville, KY 40201 177 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Mr. INGERSOLL. I just gave my memory on the subject. It does not make any great difference in this case, of course. Mr. CARPENTER. This is during the cross-examination of Rerdell. The COURT. Yes, the Court did state on that occasion: That is not the point here. If they are allowed to go on and cross-examine this way without the production of the books, they cannot Contradict the witness afterwards by producing the books. I had forgotten that I had announced it twice. Mr. INGERSOLL. If the Court please, I did not want to bring this up, because I knew you had, and so I thought I would slip you the book and let you off easy. The COURT. I do not think it weakens the position at all that the same announcement has been made twice instead of once. Mr. CARPENTER. We thought it made it stronger. The COURT. Still, the books were not produced. Mr. INGERSOLL. Now, if the Court please, I am not arguing -- The COURT. [Interposing.] I will leave you to the jury. Mr. INGERSOLL. Your Honor knows that I have always shown great modesty about trying to do anything against my decision. The COURT. I do not dispute that. Mr. INGERSOLL. Now, the next question, gentlemen, is what is meant by corroboration? If you tell a man that he is not a great painter, he does not get angry. He says he does not pretend to paint, or is not a great sculptor. But if you tell him he has no logic, he loses his temper. Yet logic is perhaps the rarest quality of the human mind. There are thousands of painters and sculptors where there is one logician. A man swears, for instance, that he went down to a man's house in the morning at six o'clock, and that Mr. Thomas was standing just in front of the house, and when he went in the dog tried to bite him, and that after he got in he had such and such conversation. Now, there are thousands of people who have brains of that quality that they think the fact that he did go there at six o'clock in the morning, and did see Mr. Thomas standing out in front of the house, and especially the fact that the dog did try to bite him, is a corroboration of the conversation that took place in the house. There are just such people. In this case, for instance, in Mr. Brady's matter, they say that the fact of Walsh being in his house is important. Suppose that he was, what of it? Is that corroboration? Corroboration must be on the very point in dispute. It must be the very hinge of the question. Then it is corroboration, if the question is what did the man say. It is not corroboration to prove that the man was there unless the man swears that he was not there. Then the inference is drawn that if he would lie about being there he might lie about what he said. Bank of Wisdom Box 926, Louisville, KY 40201 178 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Now, understand me. They will say, for instance, "Here is an affidavit, and these blanks have been filled up. Rerdell says they were filled up, and he says they were filled up after they were sworn to." Now, the fact that the affidavit is there and that the blanks are filled up is not corroboration, because the point to be corroborated is that it was done after it was sworn to, And so the existence of the affidavit, while it is necessary, is no corroboration; the filling up of the blank is no corroboration; its being on file is no corroboration. Why? The point to be corroborated is not that the blanks were filled, but that they were filled after the paper had been sworn to! That is the point. And when they begin to talk to you about corroboration I want you to have it in your minds all the time that to be corroborated about an immaterial matter is nothing; it has nothing to do with the question; but there must be corroboration on the very heart of the point at issue! There is another thing, gentlemen. It does not make any difference what I say about this man, or that man, of the other man, unless there is reason in what I say. If I tell you that the evidence of a. witness is not worthy of belief, I must tell you why. I must give you the reason. If I simply say the witness is a perjurer, that shows that I either underrate your sense, or have none of my own, because that is not calculated to convince any human mind one way or the other. You are not to take my statement; you are to take the evidence, and such reasons as I give, and only such as appeal to your good sense. If I say, "You must not believe that man," I must give you the reason why. If the reason I give is a good one, you will act upon it. If it is a bad one I cannot make it better by piling epithet upon epithet. There is no logic in abuse; there is no argument in an epithet. And there is another thing. An attorney has a certain privilege; he is protected by the court. He is given almost absolute liberty of speech, and it is a privilege that he never should abuse. He should remember if he attacks a defendant, that the defendant cannot open his mouth. He should remember that it does not take as much courage to attack, as it does not to attack. He should remember, too, that by the use of epithets, by abuse, that he is appealing to the lowest and basest part of every juror's head and heart. It is on a low level. It is a fight with the club of a barbarian instead of with an intellectual cimeter. There is no logic in abuse. There is no argument in epithet. Remember that. The weight and worth of an argument is the effect it has upon an unprejudiced mind, and that is all it is worth. Therefore I do not want you, gentlemen, to be carried away by any assault that may be made -- I do not say that any will be made -- but any that may be made, that is not absolutely justified by the evidence. There has been one little thing said during this trial; that is, about the testimony of defendants. I believe Mr. Bliss takes the ground that you cannot believe a defendant; that defendants cannot be believed unless they are corroborated. Mr. Bliss has the kindness to put the defendants in this case on an equality with his witness Rerdell. Gentlemen, you cannot believe any witness unless his evidence is reasonable. Every witness has to be corroborated by the naturalness of his story. Every witness is to be corroborated by his manner upon the stand and by the thousand little indications Bank of Wisdom Box 926, Louisville, KY 40201 179 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. that catch the eye of a juror or of a judge or of an attorney. Congress has passed a law allowing defendants to swear when they are put upon trial. Will you tell me that that law is a net, a snare, and a delusion, and the moment a defendant takes the stand the prosecution is to say, "Of course he will lie"? Why do they say that? Because he is a defendant, and you cannot believe a word that he says; he is swearing in his own behalf. There is that same low, slimy view of human nature again, that a defendant who swears in his own behalf must swear falsely. I do not take that view. The defendant has the same right upon the stand that anybody else has, and if his character is not good his character can be attacked; it can be impeached by the prosecution precisely as you would impeach the reputation of any other witness. If he tells a story which is reasonable you will believe it, and you will believe it notwithstanding he is a defendant and notwithstanding he has an interest in the verdict. In old times they would not show a man to swear at all if he had the interest of a cent in any civil suit. They would not allow him to testify when he was on trial for his own liberty and his own life. That was barbarism. The enemy -- the man who hated him -- he could tell his story, but the man attacked, the man defending his own liberty and his own life, his mouth was closed and sealed. We have gotten over that barbarism in nearly all the States of this Union, and now we say, "Let every man tell his story: don't allow any avenue to truth to be closed; let us hear all sides, and whatever is reasonable take as the truth, and what is unreasonable throw away." And,. gentlemen, let me say here that it is not your business to go to work picking a witness's testimony all apart and saying, "Well, I guess there is a little scrap now that there is some truth in," or "here is a line, and I guess that is so, but the next eleven lines I do not believe; the next sentence, I think, will do." That is not the way to do. If a witness is of that character you must throw his entire evidence to the winds, for it is tainted and the fountains of justice should not be tainted with such evidence, and a verdict should not be touched and corrupted with such testimony. You will take the evidence of these defendants as you would take that of any other man, and it is for you to say whether that evidence is true. It is for you to say that. If corroboration was so necessary why were not their witnesses corroborated? Why didn't they call Mr. Bosler to corroborate their witness? Now, one of the defendants in this case is Mr. John R. Miner, and I want you to think of the terrible things they have against him. One of the charges made against him is that he wrote a petition and wrote in six names attached to it. His explanation is, that if he did anything of that kind it was because he received a petition which was so worn that it could not be presented, and he copied it, and that the six names were found on that petition. There was no other way on earth for him to get those names, and we find them on the same route in, I believe, seven other petitions which were filed; we find that those very names are on the other petitions, and I think Mr. Hall's name -- the one the most trouble was made about -- was on three or four petitions of the other kind. Mr. CARPENTER. He admitted that he wrote them. Bank of Wisdom Box 926, Louisville, KY 40201 180 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Mr. INGERSOLL, Yes; Hall admitted that he wrote them. But I believe this petition was never filed in the department. I think Mr. Woodward said he found it among the papers at some other place. There is a petition called the Utah petition that has some names in Utah. I think Mr. Woodward swore that he found it in room No. 22 or 23 -- Mr. MERRICK. In the case itself, in the department. Mr. INGERSOLL. Yes but it has no file mark. Mr. Woodward says he does not now remember how it got in there. As I was about to remark, there was a petition called the Utah petition with some names of persons living off the route, I believe -- two or three sheets. The petition itself was genuine, and was indorsed, I believe, by Senators Slater and Grover and by Congressman Whiteaker. Now, then, how did these names come in there? The petition is ample without those names; large enough. I will tell you what I think. I think that it is a part of another petition, and that it was the result of an accident. I think it was done in the Post-Office Department, not intentionally, but as an accident. The evidence is that they kept three routes in one pigeon-hole, and that the papers sometimes got mixed; that is Mr. Brewer's testimony. A very strange thing happened to that petition. While it was before this jury it came apart again. And if some clerk not absolutely familiar with the papers had taken it up, he would have been just as liable to put it on the wrong petition as on the right one, My plan is to account for a thing in some way consistent with evidence, if I naturally can. I do not go out of my way hunting for evidence of crime. And when there was a petition, large enough, with a plenty of genuine names on it, I cannot imagine anybody would go and get names from any other petition and paste them on to that. But being in this same country, and the testimony being that they had three of these routes in one pigeon-hole, my idea is that the papers got mixed and mingled sometimes, and I say the probability is that it was an accident. That is the best way to account for it. If Miner had known that that petition was there that he had made, would he have allowed it to stay there? Why would he want to do such a thing if he was in a conspiracy with Brady? Why would he have to resort to perjury and interlineation in order to get Brady to make orders that he, Brady, had conspired to make? Absurdity cannot go beyond that. Here is the doctrine: "I have conspired with the Second Assistant Postmaster-General. He will do anything for me that I want. Now, I will go and forge some petitions." That seems to me perfectly idiotic. This petition was indorsed by Senators Grover and Slater and Congressman Whiteaker. Then, there is another petition; that one I showed you this morning, with the words "schedule thirteen hours," and the evidence was (that is, if you call what Rerdell stated evidence) that Miner wrote the words "schedule thirteen hours." I have shown you, this morning, those words, and without any other particle of argument I want to leave it to you who wrote those words -- whether Rerdell wrote them or Miner. Then, there is another wonderful thing about that petition. It is not on any of the routes in this indictment, and has no business here -- I mean the Ehrenberg petition. The one I spoke of was the Kearney and Kent. Box 926, Louisville, KY 40201 181 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. The next petition is the Ehrenberg and Mineral Park. They say that there has been some word erased and another written in. Nobody pretends that it is not a genuine petition. Nobody pretends that it was not signed by every one of the persons by whom it purports to be signed. Then, another peculiarity; it is not on any route in this indictment, and has no more to do with this case than the last leaf of the Mormon Bible; not the least. Let us see if they have any more of these terrible things. Here is petition 2A, on the Kearney and Kent route. That is the petition that has the words "schedule thirteen hours." That is the one indorsed by Senator Saunders. Petition 18K, on the route from Ehrenberg to Mineral Park, is not a route in this case. It turned out that the names on it are genuine, and the genuineness of the petition has not been challenged. The only point made is that the word "Ehrenberg" has been written by somebody else. There is no evidence to show that the petition was not properly signed; that the persons on there did not sign their names or authorize somebody else to do it. The probability is there may have been some mistake in the name, or it may have been misspelled. There was some mistake made, and the word "Ehrenberg" was written in. On page 4186 Mr. Miner swears positively that in regard to the petition 2A he never wrote the words "schedule thirteen hours." Then, there is another petition, I think it is on page 1247, the Camp McDermitt petition. There are the words "ninety-six hours." And they get that down there to a fine point. Mr. Boone swore that he did not know who wrote the word "ninety," but that Miner wrote the word "six." Well, that is too fine a point, gentlemen, to put on handwriting. It seems there is an interlineation there of the words "ninety-six," and they say they do not know who wrote the word "ninety" and that Miner wrote the word "six." But Miner swears that he did not write it at all. Now, then, you take away the evidence of Mr. Rerdell as to Miner, and what is left? The evidence left is that of A.W. Moore. And what is that? It is that Miner instructed him to get up false petitions. This was the first time he ever went out. But Moore swore that he made arrangements to do what Miner instructed him to do; that he made such arrangements with Major; but Major swears he did not. Moore swore that he made some arrangement with McBean, and the Government did not ask McBean whether he did or not, but I will show that he did not. The testimony shows that on the first trip, at the time he saw Major, he did not see McBean. Now, just see. He swore, in the first place, that he made that arrangement with Major and McBean. I find afterwards that his evidence shows that he did not see McBean on the first trip, but he did see him on the second. On page 1408 we find that when Moore went West the second time -- when he left here and had made a bargain with Dorsey for one- quarter interest in his route, and Miner told him to go West and let Dorsey's routes go to the devil, and he said he would, and never notified Dorsey that he was going to do it -- that man comes here now and swears that he made a contract with Dorsey for one- quarter interest, and then started West and made a contract with Miner, letting Dorsey's routes go. He did not have the decency to even notify Dorsey that he was going to do so. That is the man. On the first trip he did not agree with anybody about petitions. Now, Bank of Wisdom Box 926, Louisville, KY 40201 182 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. understand my point, because it kills Mr. Moore again. We have to keep killing these people -- keep killing them, It is something like the boy who was found pounding a woodchuck. He was pounding him away in the road with all his might, and a man came along and said to him, "What aim you pounding that woodchuck for?" He said, "Oh, I am just pounding him." "But," the man said, "he is dead." "Yes, I know it," said the boy, "but I am pounding him to show him that there is punishment after death." Now, on page 1408, we find that this man Moore went to the West a second time. I have shown you that the first time, he swears that he did not see McBean at all. He saw Major and made the arrangement with him, he says. Major swears that he did not. They do not put McBean on the stand. Now, he goes a second time. On the second trip, he says he had nothing to do with the petition business at all, and did not explain the petition business to anybody because he had not the time, and on the first trip did not see McBean at all. And yet he swears that he made an arrangement with McBean about these very petitions. The proof that he did not see McBean on his first trip is found on page 1398. There is one other point about which we have heard an immensity of talk and upon which a great deal of air has been wasted, and that is that there was a bargain that Brady was to have fifty per cent. of all the fines that he remitted. In other words, that he made a bargain with his co-conspirators that if he fined them a thousand dollars and then remitted it, that he was to have five hundred dollars or one-half of that fine. That is a nice bargain; for me to put myself in the power of a man and say, "Now, you fine me what you want to, and then if you will take it off, I will give you half of it." It seems to me that that would be quite an inducement for him to fine me. Yet, here is a man who makes a bargain that Brady may impose a fine upon them and that he may have half of it back-that is, upon their doctrine, although they have never proved it, but they state it just the same as though they had. But here are the facts. Here are the fines and deductions on twelve routes. The fines amount to eighty-nine thousand six hundred and thirty-eight dollars and twenty-two cents and the remissions amount to seven thousand four hundred and twenty-eight dollars and fifty-four cents; that is all. And yet they pretend that we had a bargain, Now, come to the mail routes, and we find that the fines amounted to sixty-one thousand two hundred and thirty-two dollars and twenty cents and all that they could get their co-conspirators to take off of that (although according to the doctrine of the prosecution they were to have fifty per cent.) was thirteen thousand eight hundred and fifty dollars and sixteen cents. That was all they could get off. There are the figures. There has been talk enough on that subject, but all the air that wraps the earth could not answer those facts. Words enough to wear out all human lips could not change those facts. Fines eighty-nine thousand dollars, remissions seven thousand dollars; fines sixty-one thousand dollars, remissions thirteen thousand dollars. And yet they pretend that he had a bargain by which he had fifty per cent. of all he remitted. I need not make any more argument on that point. Bank of Wisdom Box 926, Louisville, KY 40201 183 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. There have been one or two things in this trial that I have regretted, and one I find in Mr. Ker's speech. And I find frequent reference to it in other places, and that is the blindness of S.W. Dorsey. Affidavits were made by Drs. Marmion, Bliss, and Sowers that Mr. Dorsey had lost at least eleven-twelfths of his vision. And yet it has been constantly thrown out to you that it was a ruse, a device, and I believe Mr. Ker said in his speech that Mr. Dorsey saw a paper in Mr.Merrick's hand, Mr. Merrick, I believe, holding a balance-sheet from the German-American Savings Bank -- a paper several feet wide or long -- and because Mr. Dorsey said to him, "I believe you have it in your hand," why they said this man is pretending to be blind. His testimony was that he had been in a dark room for three months; that his eyes had not been visited by one ray of light for three months, and that for six months he had not read a solitary word. And yet the prosecution sneeringly pretended that there was nothing the matter with his eyes. They subpoenaed Dr. Marmion, but they dare not put him on the stand. They threw out hints and innuendoes that these doctors had sworn falsely, but they dare not put it to the test. It seems that nothing in the world can satisfy them about Stephen W. Dorsey except to see him convicted, except to have them put their feet upon his neck. Gentlemen, you never will enjoy that pleasure. You never will while the world swings in its orbit find twelve honest men to convict Stephen W. Dorsey -- never. This Government may put forth its utmost power; it may spend every dollar in its Treasury; it may hire all the ingenuity and brain of the country, and it can never find twelve men who will put Stephen W. Dorsey in the penitentiary -- never, and you might as well give it up one time as another. Try it year after year; poison the mind of the entire public with the newspapers; get all the informers you can; bring all the witnesses you can find; put all of those whom you call accomplices on the stand, and I give you notice that it never can be done, and I want you to know it. Spend your millions, and you will end where you start. As long as the average man runs there will always be one or two honest men in a dozen; so you cannot convict one of these defendants. Go on, but it will never be accomplished, There is one other thing which perhaps may be worth noticing. I believe that they proved by Mr. Dorsey that he wrote an account of his relation to this business, and published it in the New York Herald. The only point with which Mr. Merrick quarreled in that entire paper was the statement that Peck was a large contractor, and when Dorsey was put on the stand he explained that while Peck had not many routes in his own name, that he was the partner of a man named Chidester. That is the only thing of which he complained, and yet that communication pretended to tell the relation that Dorsey sustained to this entire business, and if that had not accorded precisely with Dorsey's testimony on the stand every word of it would have been read to you again and again. And Mr. Ker says that letter was written for the purpose of poisoning public opinion. Was the letter of the Attorney-General of the United States, written just before this trial began, written to bias public opinion also? Mr. MERRICK. Is there any evidence of that letter in this trial? If not I object to any reference to it. The COURT. You cannot refer to that, because it is not in the case. Box 926, Louisville, KY 40201 184 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Mr. INGERSOLL. I take it back. Was Dickson indicted to bias public opinion? Mr. MERRICK. I object to that also. He was indicted by the grand jury on competent testimony. The COURT. There is no evidence in this case that he was indicted. Mr. INGERSOLL, I will take it back then. I would ask the Court, however, after the attorney for the Government has said that Dorsey wrote that letter to bias public opinion, if I have not the right to say that he wrote that letter because letters had been written by others. Mr. MERRICK. Not unless those letters are in proof. The COURT. The fact that he wrote the letter is in evidence in the case. That of course makes it the proper subject of comment on either side, Anything else not in evidence is not a subject of controversy. Mr INGERSOLL. I will take it for granted, however, that the jury understand what is going on in this case. Mr. MERRICK. Yes, they understand the evidence. Mr. INGERSOLL. I Understand that the jury, as members of this community, as citizens of the United States, have at least a vague idea of what the Department of justice has done. It is also claimed, and has been claimed, and I have answered it again and again and again, that S.W. Dorsey is the chief conspirator. Why? Is it possible that it is because he was the chief man politically? Is it possible that any politician was envious of his place and power? Is it possible that any politician was envious of the influence he had with President Garfield? Is it possible that he had interfered with the career of some piece of mediocrity? Why is it that he is made the chief figure? These are questions that are asked and questions that you can answer. How does it happen that his name never figures in any division? That his name never figures in any paper made in regard to this business? How does it happen that when he was contending with the German-American National Bank that he must be paid, how is it that it never occurred to Miner or Vaile to tell him, "Why, this is a conspiracy of your own hatching. You advanced this money to give life to your own bantling, and you have got to wait until the conspiracy bears fruit, and if you are not willing to wait you can do the next worse thing, have it made public"? If at that time, when he was opposing and fighting Vaile because he had cut out his security, Vaile had known that Dorsey was in the conspiracy, one word from him and Stephen W. Dorsey's mouth would have remained shut forever. But it did not occur to Miller, it did not occur to Vaile. That won't do. Why didn't Vaile say to him, "Mr, Dorsey, you are making a great deal of fuss about a few thousand dollars. You are in the Senate; you are interested in these routes, and I want to hear no more from you"? Why didn't he say it? Because it was not true; that is why. Bank of Wisdom Box 926, Louisville, KY 40201 185 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Now, gentlemen, if what the prosecution claims is true, not only Stephen W. Dorsey, not only Thomas J. Brady, not only John R. Miner, not only H.M. Vaile, and John W. Dorsey are guilty of conspiracy, but hundreds and hundreds of other people. Do you believe it is possible that all the persons who petitioned for an increase of service, who petitioned for expedition -- do you believe they were in a conspiracy? Do you believe they were dishonest men, and do you believe they asked for what they did not want? Do you believe that these defendants had at their beck and call the representatives of the entire great North-west? Do you believe that members of Congress of the Lower House and of the Senate were their agents and tools? Was Senator Hill a conspirator? Was the present Secretary of the Interior a conspirator? Were Senator Grover and Senator Slater also conspirators? Were generals, judges, district attorneys, members of State and Territorial Legislatures. -- were they all conspirators? Did they indorse false petitions for the purpose of putting money in the pockets of these defendants? Let us be honest. Do you believe that General Miles was a conspirator, or that General Sherman, whose title is next to that of the President, and whose name is one synonymous of victory, entered into a conspiracy? Do you believe that he knows as much about the mail business as Colonel Bliss? Do you believe that he knows as much about the wants of the great Northwest as the gentlemen who are prosecuting this case? Was he a conspirator with their Representative in Congress from Oregon? Was Horace F. Page a conspirator? These are questions, gentlemen, that you must answer. Were all these men, these officers of the Army, State officers, Federal officers, and men of national reputation -- were they all engaged in a conspiracy; were they endeavoring to assist these defendants in plundering the Treasury of these United States? These are questions for you to ask and questions for you to answer. Is it not wonderful that such a conspiracy should have existed in all the Western States at one time? Gentlemen, is it wonderful that all the people of the West want mails? Do you not know, and do I not know, that the mail is the substantial benefit we get from the General Government? Don't you know that the mail is the pioneer of civilization? Do you not know that there ought to be a mail wherever the flag floats? Do you not know that the only way to keep a great country like this together, a vast territory of three million square miles -- three million five hundred thousand square miles -- is by the free distribution of the mail? If you are going to keep the people who populate that territory together, if you are going to keep them of one heart and one mind, if you are going to make them keep step to this Union and to the progress of this nation, you must have frequent intercourse with them all. The telegraph must reach to the remotest hamlet; the little electric spark, freighted with intelligence and patriotism, must visit every home; and the newspaper and the letter, bearing words of love from home and news from abroad, must visit every house, so that every man, whether digging in the mine or working on the farm, may feel the throb and thrill of the great world, and be a citizen of a mighty nation instead of an ignorant provincial. I am in favor of frequent mails everywhere, all over the plains, all through the mountains, everywhere, wherever the flag flies, I want the man who sits under it to feel that the Government has not forgotten him; that is what I want, I take pride in this Box 926, Louisville, KY 40201 186 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. country. I am one of the men who believe that there is only air enough in this entire continent to float one flag. I am one of the men who believe that it is the destiny of the United States to control every inch of soil from the Arctic to the Antarctic, and that when a nation loses its ambition to grow, increase, and expand it begins to die. And what right has a man who is carrying the mail to interfere with the policy of the Post-Office Department. These are large questions, gentlemen of the jury, and I want you to deal with them in a large and splendid American spirit. I want you to feel that we are citizens of the greatest Government on this globe. I want you to feel that here, to every man, no matter from what clime he may come, no matter of what people, no matter of what religion, the soil will give employment, the sun will give its light and heat, the Government will give its protection. I like to feel that way about the Government. And yet, because the department adopted a splendid and generous policy, it is tortured into evidence of conspiracy. Now let me speak just a moment about these people -- the defendants in this case.. First, there is Stephen W. Dorsey. I take a great interest in this case; I admit it. I would rather lose my right hand than have you convict Stephen W. Dorsey. I admit it. I admit that if he were convicted I would lose confidence in trial by jury; I would believe that there were no twelve men in the world that had the honor and the manhood to stand by what they believed to be the evidence and the law. I would feel as though trial by jury was a failure. I admit I have that interest in it -- all that anybody can have in any case. You can only convict that man by the testimony of A.W. Moore and M.C, Rerdell. That testimony withdrawn from the record and there is not one word against him. I want you to know and I want you to remember what kind of a man he is. You have seen him; you know him; and you know something of him. It is for you to decide whether you will take the testimony of Rerdell as against that man. It is for you to decide whether you will take the testimony of A.W. Moore as against that man. These men who are prosecuting him seem to forget who he is and what he has been. Yet men disgrace the position that Stephen W. Dorsey helped to give them, by attacking him. John W. Dorsey can be convicted by the testimony of nobody. There is no testimony against him, except that of one man. He is an honest man. He told exactly what he did, and he told it like an honest man. He told why he did not put his money in the bank at Middlebury, Vermont, because they thought that he owed a debt which he did not think he owed. He need not have told it, but he is an honest man, and that is the reason be told it. The prosecution does not appreciate that kind of man, that is, they say they do not. The only witnesses against Miner are Rerdell and Moore, and they being dead, that is the end of it. What evidence is there against Harvey M. Vaile? One witness, Mr. Rerdell. What did Harvey M. Vaile do? At the solicitation of Mr. Miner he advanced money to prevent his having a failing contract. What else did he do? He wrote a letter saying that he was trustee for S.W. Dorsey, and he was, because the concern owed S.W. Dorsey a few thousand dollars, and agreed out of the profits to repay Stephen W. Dorsey. That is all. That is all. You have seen Bank of Wisdom Box 926, Louisville, KY 40201 187 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Mr. Vaile here from day to day, You know that he is a man of mind. I think he is an honest man. I think he testified to the exact truth. He did what any other man had the right to do, he helped a man, not entirely from charity, but believing after all that it might be a good investment, as you have done if you have ever had the opportunity. And there is not the slightest scintilla of evidence against him, not the slightest. I believe every word that he testified, and so do you. And then they come to Thomas J. Brady, and they tell you that that man is to be convicted upon the testimony of whom? Mr. Walsh, And who else? Mr. Rerdell. You have some idea of human nature. You have a little and I have a little. Here is Mr. Walsh, an athlete; a man who, had he lived in Rome in ancient times, might have been a gladiator. He loans Mr. Brady twenty-five thousand or thirty thousand dollars. For some of this money he has a notes, for other portions he has not. He sends word to Brady that he would like to fix the interest. He goes there and Brady takes these notes and puts them in his pocket and they part as philosophers. If we believe that, we must believe it as idiots. You do not believe it. You do not believe any man ever allowed another to take twenty-five thousand dollars in notes belonging to him and put them in his pocket and walk off, he taking off his hat at the door and you bowing and wishing him a happy voyage. My mind is so constructed that I cannot believe that; I cannot help it. I imagine your minds are built a little after the same model. I do not believe the story; you do not. Who is the next witness against Mr. Brady? Mr. Rerdell. It is sufficient for me to speak the name. I need argue no further. That is enough. You saw Mr. Brady on the stand and you heard him give his testimony. No man could listen to it without knowing it to be true. I say now to each one of you that when you heard it you believed it, and every one of you believed it was the truth. Take from this record the testimony of Rerdell, Walsh, and Moore, and what is left? Some papers, petitions, orders, affidavits, all made, signed and filed in the cloudless light of day. That is all that is left. Where is your conspiracy? Faded into thin air, nothing left. I presume it will be said by the prosecution that I spent about three days on Mr. Rerdell. I admit it, Why? Because I regarded Rerdell as your case. Because I made up my mind that when I killed Rerdell the case had breathed its last. That is the reason. And had it been necessary to spend a few weeks more I should have done so. But it is not necessary. Probably I wasted a great deal of time upon the subject, but if he is not dead I do not want it in the power of any human being to say that it was my fault. I went at him with intent to kill, and I kept at him after I knew that he was dead. I admit it. Now, gentlemen, let us see what I have proved. Let us see what up to this time I have substantiated in my judgment. First, I think I have shown that John W. Dorsey, John M. Peck, and John R. Miner agreed in 1877, to go into the mail business. That Peck wrote a letter to Stephen W. Dorsey, who was then a United States Senator, asking him to get some competent man to get reliable information as to the cost of service on routes in the Bank of Wisdom Box 926, Louisville, KY 40201 188 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Western States and Territories then advertised by the General Government. That S.W. Dorsey gave that letter to A.E. Boone. That he told him to say nothing about it to other contractors. That Boone sent out circulares for the purpose of getting the requisite information; that is, the cost of corn and oats and the wages of men. That John R. Miner came to Washington on the 1st of December, 1877. That he went to the house of Stephen W. Dorsey, as had been the custom for several years. That he occupied a room in that house, and that he and Mr. Boone went on with the business of making proposals and getting up forms of contracts. That John W. Dorsey came here in the early part of January, 1878. That after his arrival the partnership was formed between him and A.E. Boone, and that the partnership was dated the 15th day of January, 1878. That S.W. Dorsey, at the request of his brother and brother- in-law, advanced the amount of money necessary to pay incidental expenses. That he gave his advice whenever it was asked. That he assisted the parties all that be conveniently could. That the last bids or proposals were put in by these parties on the 2d of February, 1878. That the awards were made on the 15th day of March of the same year. That Miner, Peck, Dorsey, and Boone received about five times as many awards as they had anticipated. Thereupon another partnership was formed with the style of Miner, Peck & Co., and that the partners in this firm were John R. Miner, John M. Peck, and John W. Dorsey. That thereupon John W. Dorsey and John R. Miner went West for the purpose of subcontracting the routes. That John R. Miner on his return from the West met Stephen W. Dorsey at Saint Louis about the 16th of July, 1878. That Stephen W. Dorsey up to that time had advanced eight thousand or nine thousand dollars. That he then gave to Mr. Miner notes amounting to about eight thousand five hundred dollars to be by him discounted at the German-American National Bank of Washington. That Stephen W. Dorsey then told Miner that he would advance no more and would indorse no more. That Stephen W. Dorsey went from Saint Louis to New Mexico; that John R. Miner came to the city of Washington, arriving here about the 20th of July, That John R. Miner then found that service in eastern Oregon was not in operation, although it had been subcontracted; but he then applied to Thomas J. Brady for an extension of time. That Brady refused to give it. That Miner, Peck & Co. had not the money to stock the routes not then in operation, and that Stephen W. Dorsey had refused to advance further means. That John W. Dorsey was then in the West and that John M. Peck was then in New Mexico. That thereupon Mr. Miner applied to Harvey M. Vaile, and that Mr. Vaile went to Mr. Brady and asked whether an extension of time could be given, provided he undertook to put the service on those routes. That Brady then gave him until the 16th day of August, 1878. That thereupon Miner, under the authority of powers of attorney from John M. Peck and John W. Dorsey, agreed upon the terms on which H.M. Vaile should advance the money necessary to put the service in operation. That the contract bears date the 16th day of August, 1878, and was duly executed by all the parties on the last of September or first of October of that year. Box 926, Louisville, KY 40201 189 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. That the service was not in operation by the 16th of August, and that in August, Brady telegraphed to H.M. Vaile to know what routes he was going to put service on. That thereupon Vaile replied that he would see that all the service of Miner, Peck, and Dorsey was put in operation. That through the assistance of Mr. Vaile the service was put in operation. That before that time Stephen W. Dorsey had been secured by Miner, Peck, and John W. Dorsey executing Post-Office drafts upon the routes that had been awarded to them. That on the 17th day of May, 1878, an act was passed by the Congress of the United States allowing subcontractors to place their subcontracts on file. That after Vaile came in and agreed to furnish the money necessary to put the service in operation, John R. Miner having powers of attorney from Peck and John W. Dorsey, executed to H.M. Vaile subcontracts for the purpose of securing him for the money he had advanced. That H.M. Vaile put these subcontracts on file, thus cutting out and rendering worthless as security the Post-Office drafts that had been given to S.W. Dorsey for the purpose of securing him. That John W. Dorsey returned from the Bismarck and Tongue River route in November, 1878, and that he then offered to sell out his entire interest in the business to Vaile for ten thousand dollars, and left instructions authorizing his brother, S.W. Dorsey, to make such sale for such amount. That John W. Dorsey then returned to the Tongue River route. That Stephen W. Dorsey returned to Washington in December, 1878, and for the first time found that the subcontracts had been given to Vaile. That he and Mr. Vaile had a quarrel with the German-American National Bank on that question. That afterwards Dorsey was to give ten thousand dollars to John W. Dorsey, and ten thousand dollars to John M. Peck. That he then concluded not to do so. That on the 4th day of March, when S.W. Dorsey's Senatorial term expired, he immediately wrote a letter to Brady insisting that the subcontracts that had been filed by Vaile were in fraud of his rights. That thereupon the parties in interest came together. That S.W. Dorsey acting for Peck, his brother, and himself agreed with Vaile and Miner to a division of the routes. That S.W. Dorsey paid Peck ten thousand dollars for his interest, paid John W. Dorsey ten thousand dollars for his interest, and took substantially thirty per cent. of the routes and paid himself the money that was owing to him by Miner, Peck & Co. That the parties at the time executed to each other subcontracts and such other papers as were necessary to vest, as far as they then under the law could vest, the routes so divided in the parties to whom they fell. Box 926, Louisville, KY 40201 190 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. That on the 5th of May, 1879, the division was completed, and that from that time forward Vaile and Miner had no interest in the routes that fell to Stephen W. Dorsey, and that from that time forward Stephen W. Dorsey had no interest in the routes that fell to Vaile and Miner, and that John W. Dorsey and John M. Peck had no interest in any route from that date forward until the present moment. That S.W. Dorsey took entire and absolute control of his routes, and that Miner and Vaile took entire control of their routes. That from that time until the present neither party interfered with the routes of the other. That Vaile and Miner made no paper of any sort, character, or kind for Stephen W. Dorsey after the 5th of May, 1879, and that neither John W. Dorsey, nor John M. Peck, made any papers of any kind, sort or character for Miner or Vaile after that date, no matter what date papers bear that were made before that time. That S.W. Dorsey made no papers for Miner or Vaile after that date. And that Miner and Vaile made no papers for S.W. Dorsey after that date, May 5, 1879. That all the papers bearing date after the 5th of May, were in fact signed by the parties at or before that time. That they were so signed for the purpose of making the division complete.. That Vaile and Miner on their routes got up petitions that they had a right to do. That S.W. Dorsey upon his routes got up petitions, as he had a right to do. That the routes were increased and expedited by the Second Assistant Postmaster-General in accordance with the policy of the department and in accordance with the petitions filed and the affidavits made, as he had a right to do. That it was not for the contractors to settle the policy of the Post-Office Department. That the evidence of A.W. Moore is unworthy of belief, and that his statement that he settled with S.W. Dorsey is demonstrated to be false by the receipts that he afterwards gave in final settlement to John R. Miner, as admitted by himself. That his testimony as to the existence of a conspiracy is rendered worthless and absurd by the fact that he sold out not only his interest, but his services up to that time, for six hundred and eighty-two dollars. That his conversations with Miner could not have taken place. That he never made or offered to make such contracts with Major as he pretended he was instructed to make, and as he swore that he did make. That his conversation with S.W. Dorsey never occurred. That the testimony of Rerdell is utterly and infinitely unworthy of credit. That he is not only contradicted by all the evidence, but by himself, and how can you corroborate a man who tells no truth? There must be something to be corroborated. That the red books never existed. That the pencil memorandum was forged by himself. That the Chico letter was written by him. Bank of Wisdom Box 926, Louisville, KY 40201 191 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. And that the letter from Dorsey to Bosler, said to have been dated May 13, 1879, was born of the imagination of Mr. Rerdell. That Rerdell's letter to Bosler of the 22d of May, 1880, was never sent, was never received, and was never written until after this man made up his mind to become a witness for the Government. That Bosler never received that letter, or the letter pretended to have been written by Dorsey on the 13th of May, 1879. That the tabular statement in which thirty-three and one-third per cent. was allowed to Brady never existed. That Rerdell did not visit Dorsey's office in New York in June, 1881, and that he had no conversation with Dorsey. That Rerdell was not there. That he did not have the conversation detailed by him with Dorsey at the Albermarle Hotel. That Dorsey did not write the letter of the 13th of June, 1881. That Rerdell swore in June, 1881, that Dorsey was entirely innocent. That he swore to three affidavits of the same kind. That he again swore to the same thing on the 13th of July, 1882. That he admitted by his letter of July 5, 1882, that S.W. Dorsey did not even ask him to make the affidavit of June, 1881, but that he was persuaded to do it by James W. Bosler. That he was not locked up at Willard's Hotel. That he was not threatened with a prosecution for perjury. That he was not shown the letters he had written to a woman. That the whole story with regard to the making of that affidavit was utterly and unqualifiedly false. That he never had the conversation with Thomas J. Brady that he claimed. That Brady never suggested to him to have any books copied. That there were no books of Dorsey's that needed to be copied. That he did not see S.W. Dorsey draw any money at Middleton's bank at the time he states. That he, Rerdell, drew the money himself. And that his entire testimony is absurd, contradictory, and utterly unworthy of credit. Let me say another thing to you, gentlemen, right here. It would be better a thousand times that all the defendants tried in the next hundred years should escape punishment than that one man should be convicted upon the evidence of a man like this -- a man who offered to the Government to make a bargain while the trial was in progress, that he would challenge from the jury all the friends of the defendants, and help the Government to get the enemies of the defendants upon the jury. You never can afford to take the evidence of such a man. It turns a court-house into a den of wild beasts. You cannot do it. I have shown that the story of Walsh is improbable, and that all that Boone swears against these defendants cannot be believed. That Walsh never loaned the money to Brady that he claimed, and that Brady never took from him the notes as he says. That Brady never made in his presence the admissions that he swears to. Think of it; Brady robbing Walsh, and at the same time saying to Walsh, "I am a thief and public robber." I have shown to you, gentlemen, it seems to me, that no reasonable human being, taking all this evidence into consideration, can base upon it a verdict of guilty. It cannot be done. Bank of Wisdom Box 926, Louisville, KY 40201 192 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. Now, gentlemen, the responsibility is upon you, and what is that responsibility? You are to decide a question involving all that these defendants are. You are to decide a question involving all that these defendants hope to be. Their fate is in your hands. Everything they love, everything they hold dear, is in your power. With this fearful responsibility upon you, you have no right to listen to the whispers of suspicion. You have no right to be guided or influenced by prejudice. You have no right to act from fear. You must act with absolute and perfect honesty. You must beware of prejudice. You must beware of taking anything into consideration except the sworn testimony in this case. You must not be controlled by the last word instead of by the last argument! You must not be controlled by the last epithet instead of by the last fact. You must give to every argument, whether made by defendant or prosecution, its full and honest weight. You must put the evidence in the scales of your judgment, and your manhood must stand at the scales, and then you must have the courage to tell which side goes down and which side rises. That is all we ask. We ask the mercy of an honest verdict, and of your honest opinion. We ask the mercy of a verdict born of your courage, a verdict born of your sense of justice, a verdict born of your manhood, remembering that you are the peers of any in the world. And it is for you to say, gentlemen, whether these defendants are worthy to live among their fellow- citizens; whether they shall be taken from the sunshine and from the free air, and whether they are worthy to be men among men, It is for you to say whether they are to be taken from their homes, from their pursuits, from their wives, from their children. That responsibility rests upon you. It is for you to say whether they shall be clothed in dishonor, whether they shall be clad in shame, whether their day of life shall set without a star in all the future's sky; that is for you. It is for you to say whether Stephen W. Dorsey, John W. Dorsey, John R. Miner, Thomas J. Brady, and H.M. Vaile shall be branded as criminals. It is for you to say, after they have suffered what they have, after they have been pursued by this Government as no defendants were ever pursued before, whether they shall be branded as criminals. It is for you to say whether their homes shall be blasted and blackened by the lightning of a false verdict. It is for you to say whether there shall be left to these defendants and to those they love, a future of agony, of grief and tears. Nothing beneath the stars of heaven is so profoundly sad as the wreck of a human being. Nothing is so profoundly mournful as a home that has been covered with shame -- a wife that is worse than widowed -- children worse than orphaned. Nothing in this world is so infinitely sad as a verdict that will cast a stain upon children yet unborn. It is for you to say, gentlemen, whether there shall be such a verdict, or whether there shall be a verdict in accordance with the evidence and in accordance with law. Box 926, Louisville, KY 40201 193 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. And let me say right here that I believe the attorneys for the prosecution, eager as they are in the chase, excited with the hunt, after the sober second thought, would be a thousand times better pleased with a verdict of not guilty. Of course they want victory. They want to put in their cap the little feather of success, and they want you to give in the scales of your judgment greater weight to that feather than to the homes and wives and children of these defendants. Do not do it. Do not do it. I want a verdict in accordance with the evidence. I want a verdict in accordance with the law. I want a verdict that will relieve my clients from the agony of two years. I want a verdict that will drive the darkness from the heart of the wife. I want a verdict that will take the cloud of agony from the roof and the home. I want a verdict that will fill the coming days and nights with joy, I want a verdict that, like a splendid flower, will fill the future of their lives with a sense of thankfulness and gratitude to you, gentlemen, one and all. The COURT. Let me inquire of the counsel for the defence if there are to be any other arguments upon their side? Mr. HENKLE. May it please your Honor, inasmuch as I alone represent two of the defendants, it is perhaps due to this jury and to myself to explain why I do not propose to argue the case. I had prepared myself, with a good deal of labor and painstaking, to submit an argument to the jury. But after the exhaustive and able argument of my Brother Wilson, I and my colleagues were of the opinion that there was room but for one more argument on the part of the defence, and with entire unanimity we selected our colleague, Brother Ingersoll, to make that argument. And how grandly he has justified the choice, the jury, your Honor, and the spectators will determine. I saw some time ago a little paragraph in a paper in this city, which represents the interest of the Government, in which it was said that the defendants' counsel were afraid to argue this case because they would come in collision with each other; that each would try to throw the conspiracy at the door of the others and exonerate himself, and that therefore they were afraid to argue the case. I want to say to your Honor that so far from being afraid to argue the case, I should have been very happy to pursue the argument, so far as I am concerned. But out of tender consideration to the jury, who have been kept for six long months from their business and their interests, which I know are suffering, we have unanimously concluded that we would close the argument with that which your Honor has just heard. And I simply want to say further, that I not only do not antagonize with anything that has been said by my Brother Wilson, or by my eloquent friend who has just concluded, but I indorse most fully and cordially every word that has been uttered. And so far as my clients are concerned, gentlemen of the jury, the case is with you. Mr. DAVIDGE. May it please your Honor, perhaps I ought to add a single word. It was understood among counsel when Colonel Ingersoll, as stated by General Henkle, was unanimously selected to represent the defendants, that both Colonel Ingersoll and myself Bank of Wisdom Box 926, Louisville, KY 40201 194 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. should have the privilege of addressing the jury if, in the judgment of either, it should be necessary. I have felt such a deep interest in the present case that I have almost hoped he might leave unoccupied some portion of the field of argument. I have listened to every word that has fallen from his lips. He has filled the whole area of the case with such matchless ability and eloquence that I have no ground upon which I could stand in making any further argument. He has so fully uncovered the origin of this so called prosecution, its methods, and the character and weight of the evidence upon which a conviction is sought, that I can add nothing whatever to what he has said. I need not add that every syllable he has uttered receives my grateful indorsement, as well as that of all the defendants and their counsel in this case.* *Twelve jury men decided this morning that the Government had not legally established a case of conspiracy against the Star Route defendants. This verdict of absolute acquittal coming so unexpectedly has created a very marked sensation. The announcement in the court room of the verdict was followed by an uproarious scene of applause, teas, hysterics and cheers. Every one expected the jury to disagree, Judge Wylie himself, a week or ten days ago, called up the councils for the prosecution and said to them, I do not think you are going to get a verdict out of that jury. I have watched it carefully, and I am certain that four of the best men on it are in doubt." Last night an employee of the Department of Justice reported that the jury stood eleven to one for acquittal. This came from one of the bailiffs, who claimed to have overheard a vote. At any rate the prosecution had intended, if a disagreement was reported, to ask to have the jury dismissed, on the ground of the condition of Juror Vernon. Had this been attempted, Dr. Sower, who attended Vernon yesterday would have testified that Vernon was all right mentally, after he had braced him up with two drinks of brandy. The courtroom was crowded when the jurors took their places. Every one of the defendants was there. Dorsey sat by his wife, flushed and expectant. Upon the left of Mrs. Dorsey was her sister Mrs. Peck. Brady was just back of his special counsel, Judge Wilson, looking as hard and grim as ever. All of the counsel for the Star Route defendants were in their seats. Colonel Ingersoll's face showed great self-control, although he was evidently laboring under strong nervous excitement, He was flanked by his entire family. Mr. Farrell, Mr. Baker (Colonel Ingersoll's secretary), and the white-haired and white-bearded Mr. Bush, the hard working associate of Colonel Ingersoll, were also present. Then the jurors took their place in the court room precisely at ten o'clock, Judge Wylie looked at them, and Said in his slow hesitating way: "Gentlemen, I have sent for you to learn -- ahem -- to learn if you have agreed -- ahem -- upon a verdict." Mr. Crane the foreman said: "We have agreed," Judge Wylie gave a start of surprise and looked towards the seats for counsel of the Government. Not one of them was present. Bank of Wisdom Box 926, Louisville, KY 40201 195 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. this looked very ominous for the Government's case, and indicated besides that the bailiffs must have betrayed the secrets of the jury room to the prosecution, as neither Bliss nor Merrick came to the court room at all. Mr. Ker, one of the counsel for the prosecution, came and stood in the door as the Judge said to the Clerk, "Receive the verdict." There was the usual silence as every one turned toward the foreman. Mr. Crane said very deliberately. "We find the defendants not guilty." Then there followed a scene of great confusion and uproar, which the Judge could not restrain. Indeed he did not try. The triumph of such an unexpected success after two years of fighting in the face of the entire Power of the Government, made the humblest person connected in the most remote degree with the defence crazy with joy. When Colonel Ingersoll came out of the Court House a crowd gathered in front of him, and then one stout- lunged, broad shouldered man cried out. "Three cheers for Colonel Ingersoll." There was a wild scene of tiger-like cheering from the excited crowd. This demonstration was a personal compliment to the Colonel, for when the defendants passed out there was not the slightest sign of approval or disapproval beyond the congratulations of personal friends. Colonel Ingersoll stood on the broad steps of the Court House and smiled with the benevolent air of a popular orator in front of a congenial crowd, and laughed outright when some, over enthusiastic admirer called, "Speech, speech." The morning was clear and bright. Colonel Ingersoll watched the crowd a Moment, himself a picture of radiant good nature, as he stood with his white straw hat encircled with a blue band, pushed back from his face. His short thin black coat was partially buttoned over a white duck waistcoat. He rested his hands in the pockets of his grey trousers. The request for "Speech, speech" so amused him that he chuckled over it all the way to his open carnage, which came up a moment after. He was driven through Pennsylvania Avenue with his family. People called out to him from the sidewalk, and he was obliged to lift his hat so much that he family sat bareheaded. like a conquering hero, waving his hands to the right and to the left. His house was thronged all day. Mrs. Blane and her daughter Margaret were among the first who called. There was a procession of people all day long who had no sympathy at all with the defendants, and who were perfectly indifferent whether they went to the penitentiary or not, but who were most heartily glad that their friend Colonel Ingersoll had accomplished such a great personal victory. Now that the case is over, it is time to tell some facts about the prosecution which have been withhold until the case was closed. In the first place, the management of the prosecution has been equally scandalous with the crimes charged against the defendants. The District Attorney here has always been allowed a five dollar fee for the prosecution of cases. Attorney-Generals who preceded Mr. Brewster ruled that this should be the official fee of special counsel. This was made up by allowing the payment of lump sums as retainers. When Bliss and Merrick were put upon the extravagant pay of one hundred and fifty dollars per day it was inevitable that they would prolong the case to the uttermost. Bliss has on top of all this pay, put in an extraordinary list of personal expenses, Bank of Wisdom Box 926, Louisville, KY 40201 196 PART THREE, CLOSING ADDRESS, 2 STAR ROUTE TRIAL. which have been allowed up to a very recent date. The amount of extra matter run into this case only to prolong it has resulted in so confusing the case as to materially aid the defence. Then the reporting of the case has been turned into a huge job. The stenographers will clear between thirty and forty thousand dollars on their work. The other day I estimated from official sources, the cost of the Star Route trials at one million dollars. It will go above that. It will foot up near one million two hundred thousand dollars. This evening Col. Ingersoll was serenaded. There was a large gathering of friends of the Star Route defendants at Colonel Ingersoll's house tonight. Indoors the acquitted men, their counsel, and a large number of their more- intimate friends. many of them women, met to exchange mutual congratulations. And in the street a crowd had gathered, partly out of curiosity -- and partly to express their sympathy with the defendants. They cheered Ingersoll and the other counsel as well as the defendants and their jury, and called for speeches. Colonel Ingersoll and Judges Wilson and Carpenter spoke briefly. Col. Ingersoll's speech was short and vigorous. He hailed the verdict of the jury as a victory for truth and justice, and as a notice to the administration that it could not terrorize a jury by indicting jurymen, and a warning to the President that he could not force a verdict by turning honest servants out of office. The Sun, New York, June 15, 1883. **** **** Electronic Publishing can defeat censorship. The Bank of Wisdom Inc. is a collection of the most thoughtful, scholarly and factual books. These computer books are reprints of suppressed books and will cover American and world history; the Biographies and writings of famous persons, and especially of our nations Founding Fathers. They will include philosophy and religion. all these subjects, and more, will be made available to the public in electronic form, easily copied and distributed, so that America can again become what its Founders intended -- The Free Market-Place of Ideas. The Bank of Wisdom is always looking for more of these old, hidden, suppressed and forgotten books that contain needed facts and information for today. If you have such books please contact us, we need to give them back to America. Bank of Wisdom Box 926, Louisville, KY 40201 197


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