Volume 10 — CLOSING ADDRESS IN SECOND STAR ROUTE TRIAL (continued 5)

I never heard so preposterous, so cruel a sentiment uttered in a court of justice. It amounts to this, gentlemen: If you have any doubt of guilt resolve the doubt against the defendant. If the evidence is not quite sufficient, find against the defendants and turn them over to the mercy of the Court. Why should we have a jury at all? Why should you sit here at all? Why should you hear this evidence, if after all you are to shirk the responsibility and turn the defendants over to the Court? You never will do it, gentlemen.

Now, gentlemen, I wish to call your attention to a few points made by Colonel Bliss. You must remember that Colonel Bliss has been very highly complimented by his associates as a kind of peripatetic index of this case, an encyclopedia of all the papers; that he never makes a mistake; that he recollects amounts with absolute certainty, and that he is infallible. Keeping all these things in your mind, I wish to call your attention to some statements that he has made. First of all, I will refer to a little of his philosophy, or law, and that is, that in every affidavit you should state not the number necessary on the then schedule, but the actual number, and that there could be no doubt about the number of men and horses used at the time when an affidavit was made, and that consequently anybody making an affidavit should put in the number then actually used.

Let us see how that will work. He says the oaths are false because they do not state the actual number of men and horses employed in carrying the mail at the time they were made. He says that the person making the affidavit swore to the number actually employed, and that where that number was not employed that fact of itself shows the affidavits to be false. I say that is not the law. The law calls for the number necessary, not the number actually employed. Let me show how easy it would be to cheat the Government on the principle laid down by the gentleman. I will show you how infinitely silly that is. Let me illustrate. Here is a route one hundred and fifty miles long, once a week. You know it is possible for one man and one horse for a little while to carry that mail and to go one hundred and fifty miles one way and one hundred and fifty miles the other, making three hundred miles in a week. You can take a magnificent horse and a good, stout, tough man, and you can do it.

The Court. Or a boy.

Mr. Ingersoll. Or a stout, tough boy.

The Court. A boy would be best.

Mr. Ingersoll. You do not need any boy. Just one man and one horse will answer. The man can ride the horse one hundred and fifty miles in three days, and then ride one hundred and fifty miles back in the next three days. All you have to swear to, according to Mr. Bliss, is the number actually used, and so you would come in and swear to two on this route. Now, when you are making an affidavit as to the number to be used on a schedule to be made, you cannot swear to the number actually in use, because they are not then in use. You have to swear to the number necessary. You have to swear to the number required.

Now, see. On a mail route one hundred and fifty miles long I would only want a good smart horse, and one good active man or boy. I would not need to carry it more than one week, because I could make the affidavit for that week, and then the question would be how many men and horses would be required for a daily mail on the same route. I would put in a reasonable number, and the difference between the number then actually used and the reasonable number to use would be the standard by which to fix my pay.

If you take the man and horse actually used, and then take the number that would reasonably be used, you would make a difference of a thousand per cent. And yet that is the doctrine laid down here to guide us as to these affidavits.

Let me tell you what the law is. It does not make any difference what you are really using at the time. You must swear to the number that would be reasonably necessary to carry the mail on the then schedule. You must swear to the number that would be reasonably necessary to carry the mail on the proposed schedule. In the first place, if you put a great deal of work on a man and horse, you must put the same proportion on man and horse in the second schedule. If you are easy on man and horse in the first schedule, you must be easy on man and horse in the second. The only object, gentlemen, is to keep the proportion, because you are to be paid according to the number of men and horses used.

Now, they say it would be necessary to go out there in order to tell how many men and horses would be necessary, and that the men who made these affidavits had never been on the routes. There was no need of being on the routes. I could give you the number required on any route two hundred or five hundred miles long. I could give you the number of men and horses reasonably required to carry the mail once, twice, three times, or seven times a week; and I could give you the number reasonably required to carry it at the rate of three miles an hour or five miles an hour or six miles an hour without going there. I need not go there for the purpose of the affidavit. I can take it for granted that the road is good and level, and I can keep exactly the same proportion and nobody can be defrauded. If you take the rule of Colonel Bliss it would be the easiest thing on earth to defraud the Government. That would be by taking the actual number in use and then taking the number necessary.

Oil page 4761 Mr. Bliss makes the point that according to law the Second Assistant Postmaster-General was not bound to allow according to the affidavits. He is right as to that. That is what Mr. Bliss says, and that is what John W. Dorsey swore he thought, and that is what Mr. Thomas J. Brady swore he did. He did not take the affidavit as a finality. Mr. Thomas J. Brady said that he took it for granted that the man, when he made the affidavit, thought it was true, and that the man, when he made the affidavit, swore to the best of his knowledge and belief. But Thomas J. Brady never swore that he considered himself bound by the affidavit. On the contrary, he swore that he had a standard in his own mind, and that expedition was to cost thirty dollars a mile, or something of that kind. He went by that standard, and he gauged the affidavits by it.

On page 4762 Mr. Bliss says that Brady admitted that he made no inquiry as to the truth of affidavits, and that he accepted them as absolutely conclusive. On page 3434 Mr. Brady swears:

I accepted their statement as conclusive so far as they knew.

Brady also swears that he had his standard in his own mind, as I said before, and that he had an opinion of his own, and that by that standard and opinion he was governed.

On page 4765 Mr. Bliss charges that Brady took the oath of Perkins on route 38113 as the basis for the expedition. Mr. Turner's calculation on file shows that that affidavit was not the basis of the calculation.

Mr. Bliss. Your Honor, allow me to say that subsequently I stated to the Court and to the jury distinctly that while the indorsement on the jacket recited the Perkins affidavit as being the one used, or the affidavit of the subcontractor, and while Mr. Brady transmitted to Congress that Perkins affidavit as the one upon which he acted, I still believed that the calculation showed that he used the other affidavit.

Mr. Wilson. He never made that statement until he made it during the progress of my argument when I was discussing that very point.

Mr. Bliss. You are mistaken.

Mr. Merrick. He made it while I was here and I was not here during Mr. Wilson's argument.

Mr. Ingersoll. If he has taken it back three times, that is enough. On page 4766 Mr. Bliss charges Brady with having two affidavits on the Pueblo and Greenhorn route, from John W. Dorsey, on the same day.

Mr. Bliss. Mr. Henkle called my attention to the fact that it was not the Greenhorn route, but the Pueblo and Rosita route, and I corrected it.

Mr. Ingersoll. Good enough. I did not know about his taking it back. I was not here at the time. The fact was, however, that only one affidavit was ever filed, and that was an affidavit, not by J. W. Dorsey, but by John R. Miner.

Mr. Bliss. There were two on the Pueblo and Rosita route by John W. Dorsey.

Mr. Ingersoll. We will come to them. You will get tired of them before we get through with them.

On page 4767 Mr. Bliss refers to two affidavits. The first affidavit, the one not used, calls for three men and seven animals on the then schedule. That makes ten. On the proposed schedule of eighty hours it called for nine men and twenty-seven animals. That makes thirty-six. The proportion then in this affidavit is 3.6, that is, the pay would be 3.6 times the original pay. In the second affidavit five men and fifteen animals, twenty in all, are called for on the then schedule, and on the proposed schedule twelve men and forty-two animals. The proportion there is 2.7. So that the affidavits, leaving out the fractions, which are substantially the same, stand in this way: By the first the contract price would have been multiplied by three and the contractor would have had three times the original pay, and by the second he would have had twice the original pay. Substituting an affidavit at only double the pay is called a fraud, because they withdrew an affidavit for treble the pay. That is what Mr. Bliss calls a fraud. He says still that it is a fraud.

Now, then, there were two affidavits, and these two affidavits, gentlemen, Mr. Bliss well knew were filed on different schedules. The first affidavit was filed on a proposed schedule of eighty hours. The second affidavit was filed on a proposed schedule of fifty hours. The affidavit agreeing to carry the mail in fifty hours offered to do it at double the pay. The affidavit on eighty hours wanted three times the pay, or substantially that. One was 3.7 and the other was 2.6. Just think of trying to make that a fraud on the Government. Suppose they had filed a third affidavit and offered to carry it for nothing. That would have been carrying a fraud to the extreme.

Mr. Bliss. Your Honor, with reference to that, I said, expressly referring to these two affidavits: It is not a question of proportion. The question is whether the mere existence of those double affidavits did not give Brady conclusive notice that the man who could make those affidavits was not a reliable man, because no matter what the time was to which it was to be increased, he stated the number necessary on the then schedule, as so and so in one affidavit and in the other he stated the number differently. I referred to it solely in that connection, as the language shows on the page referred to.

Mr. Ingersoll. For instance, a man writes, "You owe me five hundred dollars according to my books," and writes the next day, "I have made a mistake. You don't owe me anything." Mr. Bliss insists that the second letter would show that the man was not to be relied upon. That is his idea of honesty. If in the first letter he had written that I did not owe him anything, and in the second letter I did, that might be suspicious. But when in the first he writes that I owe him and in the second that I do not, there can be no suspicion as to his honesty. In the first affidavit this man stated so much, and in the second affidavit he put it one-third less. That simply shows the man was paying attention to it and wanted to make an honest offer. And yet everything in this case is poisoned with prejudice and suspicion.

Another point: Mr. Bliss, on page 4770, says that on the Pueblo and Rosita route the number of trips was seven and that there was no increase. Upon that statement he bases an argument of fraud. The argument is that there was no increase of trips. Now, on page 866, the order shows that in the first place there was one trip a week and there were six trips added. That makes seven. The original pay was three hundred and eighty-eight dollars. Six trips were added, and the value of the six trips, which gave two thousand three hundred and twenty-eight dollars of additional pay. Yet Mr. Bliss tells you that there was no increase of trips. As a matter of fact, six trips were added, and that was all that could be added.

Mr. Bliss. Were they added coincidently with the affidavit for expedition?

Mr. Ingersoll. You say they were not added; I say they were.

Mr. Bliss. No, sir; I said at the time of the expedition there was no increase of trips and the affidavit was based upon the seven trips.

Mr. Ingersoll. I say that at that time there was an increase.

Mr. Bliss. Your Honor, the point is this: I think I am right in saying that the increase of trips took place after the expedition. That is my recollection about it. I have not referred to the record. I think Colonel Ingersoll will find that is so.

Mr. Ingersoll. We will see whether you are right. At the time the affidavit was made there were just three trips, and afterward there were four trips added. Let us get it exactly right. I read from page 866:

Date, July 8, 1879. State, Colorado.

Number of route, 38134.

Termini of route, Pueblo and Rosita.

Length of route, fifty miles.

Number of trips per week, one.

Mr. Bliss. I see you are right. The trips were increased.

Mr. Ingersoll. When anybody gives it up I will stop. That is fair and that is honorable.

Now, the next point. On page 4771 Mr. Bliss says that the oath on the Toquerville and Adairville route was made for seven trips, although the order only gave them six trips, of course the inference being that they got as much pay for six trips as they were entitled to for seven trips. On page 3290 the original order was for one trip. Two trips were added. Look on page 949 and you will find that more trips were added. The second order increased four trips, and that made seven in all; and yet Mr. Bliss makes the statement that there were only six. That is another mistake.

Another point. On page 4772 Mr. Bliss states that Mr. Rerdell spoke in his testimony about J. B. B. I have referred to that. I have referred before to the claim that Rerdell was sustained by the testimony of Mr. Bissell. As a matter of fact, I do not remember that Mr. Rerdell ever said one word in his testimony as to charging anything to J. B. B.

Ninth point. At page 4778 Mr. Bliss states that Dorsey admitted in his letter to Anthony Joseph that the average rate for mail service on star routes was only five dollars a mile. Mr. Dorsey says in his letter no such thing. He says the "average cost of horseback service"; he does not use the language employed by Mr. Bliss, "The average rate for mail service on star routes," but he says, "The average cost of horseback service." That is a small point, but it shows how anxious the gentlemen are to get the thing fully as big as it is.

Tenth point. At page 4783 Mr. Bliss says that Brady cut off forty-nine thousand dollars of increase on the Mineral Park and Pioche route on the 22d of January, 1879, because the mail bills showed so little business. That is another mistake. The order cutting off the forty-nine thousand dollars was made on the 22d of January, 1880, not 1879. I mention this simply for the sake of accuracy.

Eleventh point. At page 4785 Mr. Bliss says that the mail bills on the Silverton and Parrott City route showed that Brady ran the service up from seven hundred and forty-five dollars to fourteen thousand nine hundred dollars, and that the fourteen thousand nine hundred dollars was afterwards increased to thirty-one thousand three hundred and forty-three dollars and seventy-six cents. The record shows nothing of the kind (see pages 1894-5). The original pay was one thousand four hundred and eighty-eight dollars (page 1854). The pay under the order of June 12, 1879, was six thousand five hundred and twelve dollars and twenty-eight cents (page 1855). No other increase was ever made. On page 1855 is the increase and expedition, being in all fourteen thousand eight hundred and eight dollars and sixty three cents. The original pay was one thousand four hundred and eighty-eight dollars. A little change was made in the route that brought it up to one thousand seven hundred and three dollars and sixty-five cents. That, together with the expedition, makes a total of sixteen thousand five hundred and twelve dollars and twenty-eight cents. And yet Mr. Bliss told you that it was thirty-one thousand three hundred and forty-three dollars and seventy-six cents. So that this encyclopædia of the papers made a mistake, in one year, of fourteen thousand eight hundred and thirty-one dollars and forty-eight cents. For the whole contract time it would be a mistake of forty-five thousand dollars. And yet, strange as it may appear, that mistake was made against the defendants. Well, let us go on.

Twelfth point. On page 4800, bottom line, Mr. Bliss says:

They got so much in the way of offering petitions that Mr. Rerdell being told by Stephen W. Dorsey, upon this route from Pueblo to Greenhorn, to go to work and alter the petitions, inserted the words "and faster time."

As to this petition, 7 B, in which are the words "and faster time," George Sears swears, at pages 829 and 830, that it is in the same condition now as when it was signed by him, he thinks. Thereupon Mr. Bliss told you that he was mistaken in the paper. You must recollect these things.

Mr. Bliss. Are there not two petitions there altered?

Mr. Ingersoll. That is on another route. There were 7 B, 11 B, and 12 B. 7 B was the written paper, and you introduced 11 B and 12 B. One said "quicker time," and one said "on faster schedule," and yet in the very next paragraph they asked to have it run in eight hours. Mr. Rerdell had to admit that he put in the words without knowing what the petition called for, and that Dorsey instructed him to put them in.

Mr. Bliss. Your Honor, in the very same paragraph, the very line, where I said "faster schedule," I called attention to the fact that the words were unnecessary.

Mr. Ingersoll. That is not the only point. The point is, who wrote "faster time"?

Mr. Bliss. That is not what I said. You have not given the whole sentence.

Mr. Ingersoll. You cannot expect me to read your whole seven days' speech. That would be too much. This is what you said:

They got so much in the way of altering petitions that Mr. Rerdell being told by Stephen W. Dorsey, upon this route from Pueblo to Greenhorn, to go to work and alter the petitions, inserted the words "and faster time."

That is it exactly.

Mr. Bliss. Then follows this:

He inserted "and faster schedule," "on quicker time," though there was not any necessity for doing that, because if they had gone further down, after some argument in the petition, to the request for expedition, they would have seen that there was no necessity for that little forgery up there.

Mr. Ingersoll. That is a magnificent admission. "There was no necessity for" putting that in. I am glad he admits that. He would ask you to believe that S. W. Dorsey, a man of intelligence and brains, would ask to have a petition forged, altered, interlined, without knowing what was in that petition. It will not do, gentlemen.

Thirteenth point. At page 4810, Mr. Bliss says that McBean told Moore, in reference to route No. 44140, Eugene City to Bridge Creek, "that he could carry all the mail in his pocket."

Now, as a matter of fact, Mr. McBean does not state any conversation with Moore covering this route. That was another mistake. No matter.

Fourteenth point. At page 4814, Mr. Bliss, in speaking of the Ojo Caliente route, says the service in fact never was performed in fifty hours; that the evidence of that is conclusive. Now, let us see. Here is a jacket on page 3008, and that jacket shows that out of seventy-eight half trips, expedition was lost on twenty-three and made on fifty-five. Yet Mr. Bliss tells you it never was made. The jacket on page 3040 shows that expedition was lost on twelve half trips and made on sixty-six. And yet Mr. Bliss says it was never made. The jacket on page 3056 shows that at the time they were carrying seven trips a week, nineteen expeditions were lost out of one hundred and ninety-two half trips. And yet Mr. Bliss says the fifty-hour schedule never was made. Another mistake.

Mr. Bliss. That is long after the time I was referring to. As to the other point, I simply repeat it.

Mr. Ingersoll. It will not help it to repeat it. For every expedition lost on this route or any other the Government did not pay. When the expedition was lost, the pay was deducted; when the expedition was made the pay was given, and not otherwise. You see, gentlemen, how they have endeavored to get the facts before you; what a struggle it has been over all these obstacles—lack of memory, the immensity of this record—how they have climbed the Himalayas of difficulty; how they have gone over the Andes and Rocky Mountains of trouble to get at the facts!

Fifteenth point. On page 4820 Mr. Bliss states that there could not have been legally allowed, on the evidence on The Dalles route, on expedition over $4,144. As a matter of fact, the evidence does not cover the whole route as to the number of men and horses used. The Government never proved the number of men and horses necessary to carry the mail over the whole route, but only a part. Mr. Ker admits that the evidence is defective in that regard. When you have no standard, gentlemen, you cannot measure.

Sixteenth point. On page 4820 Mr. Bliss, in speaking of the route from Eugene City to Bridge Creek, says that, taking the undisputed facts as they were, before and after the expedition, Brady could not legally have allowed more than $2,991.23. The evidence is (page 1343) that Wyckoff was the subcontractor from July, 1878, to 1880. Powers first carried the mail in 1880. The route was increased and expedited in June, 1879. Mr. Powers never carried it from the expedition. Mr. Wyckoff was the only man who did that, and Mr. Wyckoff was not called. Consequently there was no evidence as to the number of men and horses used on either schedule. That left the gentleman without a standard and without a measure.

Seventeenth point. On page 4820 Mr. Bliss says that on the Silverton and Parrott City route the oath was made for seven trips a week on the present schedule, when it ought to have been two trips on the old schedule and seven trips for the new schedule. As there is no evidence as to the number of men and horses used on the old schedule, of course there is no evidence in this record to impeach that oath; you cannot find it.

Eighteenth point. On page 4822 Mr. Bliss states that after the passage of the act of April 7, 1880, there were two increases upon the White River route. The fact is there was just one after the passage of that law. Of course a little mistake like that does not make much difference in a case of this magnitude.

Nineteenth point. On page 4824 Mr. Bliss states that Raton was put on the Trinidad route April 24, 1879 (Page 1031 ). The office was embraced on the routes July 1, 1878. The first order in reference to it was made June 6, 1878. It was put on the route from July 1, 1878, increasing the distance twenty-three miles. Yet Mr. Bliss tells you that it was put on the route April 24, 1879.

Mr. Bliss. Is not that the date of the order?

Mr. Ingersoll. It may have been the date of your order.

Mr. Bliss. Is not that the date of the order in the case?

Mr. Ingersoll. I do not know anything about that. I give you the exact facts.

Twentieth point. On page 4825, Mr. Bliss, in speaking of the Ojo Caliente route, charges that by the order increasing the trips on this route in February, 1881, there was paid from the Treasury illegally two thousand and eleven dollars and forty-six cents. As a matter of fact had we been paid for that entire quarter it would have amounted to seven thousand one hundred and thirty-nine dollars and forty-one cents. The pay was not adjusted until April 22< 1881 (page 731). The amount that was then paid was not seven thousand one hundred and thirty-nine dollars and forty-one cents, but it was three thousand seven hundred and twenty-seven dollars and twenty-two cents. It was not for the entire quarter, but simply for the actual service rendered. The quarterly pay for the preceding quarter, before the expedition, was three thousand three hundred and fifty-eight dollars and twenty-six cents; showing that we received only for that quarter an excess, on account of expedition, of three hundred and sixty-eight dollars and ninety-six cents. But he told you that we got illegally two thousand and eleven dollars and forty-six cents. That is a small matter.

Twenty-first point. On page 4897, Mr. Bliss says in effect that Dorsey undertook to state that he kept no books; that he was doing a business amounting, I think he says, to six million dollars a year, and yet he kept no books. On the contrary, Dorsey swore that he did keep books; on the contrary, he swore that Kellogg was his book-keeper. Kellogg swore that he did keep the books. Torrey swore that he was his book-keeper, and kept the books. And yet Mr. Bliss stood up before this jury and said to you that Mr. Dorsey wanted you to believe, or stated that he kept no hooks of that immense business. It will not do. No books but the red books, I suppose, were kept.

Twenty-second point. At page 4883, Mr. Bliss says that in regard to one of Vaile and Miner's routes (Canyon City to Fort McDermitt) there were large profits, amounting to twenty thousand dollars a year. Then he says eighty thousand dollars during the four years. And yet Mr. Bliss knew at that time that that expedition lasted only eleven months. Trying to fool the jury about sixty-two thousand dollars.

Twenty-third point. On page 4815 Mr. Bliss states that the fines on the Bismarck and Tongue River route, during Brady's administration, were only thirteen thousand dollars. If you will look at page 727 of this record, where the table is put in evidence as to the fines, you will find that he deducted from the pay twenty-nine thousand two hundred and twenty-four dollars. Mr. Bliss made a mistake of sixteen thousand two hundred and twenty-four dollars. But in a case like this that is not important. Gentlemen, you know you cannot always be accurate.

Mr. Bliss is an accurate man, as a rule. He has been called the index of this business for the Government. Twenty-fourth point. On page 4987 Mr. Bliss says:

The one fact of the evidence of the payment of money by Dorsey to Brady remains the same whether the books were put out of the way by Dorsey or by Rerdell. That is the great central point, so far as the books were concerned; and as to that the testimony is absolutely uncontradicted.

Mr. Brady swears that Dorsey never gave him a dollar. Dorsey swears that he never had a money transaction with Brady amounting to one cent. Mr. Rerdell does not pretend to swear that he knows of Mr. Dorsey having paid a dollar to Mr. Brady. He does not pretend to swear that he knows of any one of these defendants having paid one dollar to Mr. Brady. And yet Mr. Bliss will tell you that the fact that Dorsey paid Brady money is uncontradicted.

Mr. Bliss. I did not intend that, Colonel Ingersoll. I do not think it is capable of that interpretation.

Mr. Ingersoll. What did you mean?

Mr. Bliss. As to the statement being in the books it is uncontradicted.

Mr. Ingersoll. Let me see. He now turns and says he did not mean the money, he meant the books. The evidence is overwhelming on our side that the books did not exist. When you deny the existence of the book I take it you deny the existence of any item in it. It is a question whether any such books ever existed, gentlemen. Rerdell swore in the affidavit of June 20, 1881, and he swore to that affidavit three times hand-running, that no such books existed. He swore substantially the same thing on the 13th of July, 1882. He told Mr. French that no such books ever existed. He told Judge Carpenter that no such books ever existed. He stated to Bosler that no such books ever existed. And now this gentleman says the evidence is uncontradicted that Brady was charged in those books. That is a good deal worse than the other. Let us go on.

Twenty-fifth point. At page 4962 Mr Bliss says that Mr. Dorsey, according to his own statement—Had brought Rerdell up and led him to infamy.

Did Dorsey make any such statement? Did Mr. Dorsey, gentlemen, in your presence, swear that he had brought Rerdell up? Did he, in your presence, swear that he had led him to infamy? Did he, in your presence, swear that he had done anything of the kind? I have got the exact words.

Who, according to his own statement, he, Dorsey, had brought up, had led to infamy, and who, according to his own statement, had stated that MacVeagh had told a lie.

A curious use of the English language. I believe it is in that connection, though, that he speaks about Mr. Dorsey having the impudence to go to the President of the United States. That is not a very impudent proceeding. In this country a President is not so far above the citizen. In this country we have not gotten to the sublimity of snobbery that a citizen cannot give his opinion to the President; especially a citizen who did all he could to make him President; especially a citizen in whom he had confidence. Not much impudence in that. I do not think that during the campaign General Garfield would have regarded it impudent on the part of Mr. Dorsey to speak to him. I do not believe in a man, the moment he is elected President, feeding upon meat that makes him so great that the man who helped put him there cannot approach him, and every man who voted for him helped to put him there. I am a believer in the doctrine that the President is a servant of the people. I have not yet reached that other refinement of snobbery.

Mr. Bliss. In point of fact, Colonel Ingersoll, I made no such statement. Now let me read the passage on the very page you refer to.

Patched up the affidavit of Mr. Rerdell, addressed it to the President, admittedly went to the President with it, and then had the impudence to come here and malign the character of General Garfield by saying that upon that affidavit of an accused man, instead of seeking a trial, he would have removed two members of his Cabinet.

I meant nothing about the impudence of going to the President.

Mr. Ingersoll. He had the impudence then to come here and malign Garfield by saying that upon that statement he would have turned out two members of his Cabinet. That is Mr. Bliss's idea of impudence; and yet, upon the testimony of the same man, he wants to put five men in the penitentiary.

Mr. Bliss. Not upon the sole testimony, I suppose.

Mr. Ingersoll. Not upon the soulless testimony. Now, I think that Mr. Dorsey had a right to go and see Mr. Garfield. I think he had a right to take that affidavit with him. General Garfield was told what this man had said concerning Mr. Dorsey. He had the right to take that affidavit of that man with him so that General Garfield, or the then Attorney-General rather, might know how much confidence to put in the statement of that man. He had a right to do that. If he found in this way that his Attorney-General and his Postmaster-General were seeking to have a man convicted by means not entirely honorable, then it was not only his privilege, but it was his duty to discharge them from his Cabinet. But I am not saying anything in regard to them now, because they are not here to defend themselves.

Mr. Bliss. I want to correct myself. Further down on that page I see I did refer to the impudence of this man going to Garfield.

Mr. Ingersoll. Well, as Mr. Bliss has been fair enough to state it, I will not follow up my advantage. On another page Mr. Bliss says that the idea that Mr. Vaile did what he did for Miner out of any sympathy is "too thin." Mr. Bliss cannot believe that Vaile became Miner's friend so suddenly, but he thinks it highly probable that they conspired instantly. That is his view of human nature. Friendship is of slow growth; conspiracy is a hot-house plant. Gentlemen, is that your view of human nature, that a man cannot become the friend of another suddenly? Whenever he does become his friend the friendship has to be formed suddenly, does it not? There is a first time to everything. A moment before it did not exist; a moment afterwards it is dead very suddenly.

There was a boy came to town one morning and met an old friend. The old friend asked the boy, "How is your father?" He says, "Pretty well, for him." "How is your mother?" "Pretty well, for her." "Well, how is your grandmother?" "She is dead." "Well," says the old man, "she must have died suddenly." "Well," said the boy, "pretty sudden, for her."

Whenever one man becomes the friend of another's, a moment before that he was not, and a moment after he was. It must be sudden. But I imagine that there was a friendship sprang up between Vaile and Miner, and I will tell you why. They have been partners ever since. You, gentlemen, have had the same experience a thousand times. It is not necessary to conspire with a man in order to like him. Neither is it necessary to like him to conspire with him. Men have conspired without friendship a thousand times more, probably, than they have formed friendships without conspiracy.

Mr. Bliss says that because Miner failed to produce the power of attorney that Moore swore was given to him when he went West, the jury have a right to infer that instructions to get up false petitions were in writing and were included in that power of attorney. Mr. Moore did not swear to the contents of that power of attorney. Do you think that it is within the realm of probability that a man ever gave a power of attorney to another and inserted in it: "You are hereby authorized to get up false petitions; you are further authorized to have them so written that you can tear them off and paste others on?

"N. B. You will make such contracts with all contractors.

"P. S. Don't tell anybody."

There was another witness in this case, Mr. Grimes (page 808). Not the one that wore the coat—All buttoned down before—but Mr. Grimes, postmaster at Kearney. He came all the way here to swear that he stopped using mail bills on the route from Kearney to Kent because he was so ordered by a letter from the Post-Office Department. Then it was discovered that he did not have the letter with him; he went home to get the letter, but he never came back any more.

We introduced Spangler (page 341) from the inspection division of the Post-Office Department; I think he was in charge of that division. He swore, as a matter of fact, that there never were any mail bills on that route at all.

Mr. Carpenter. He was in charge of the mail bills on that route.

Mr. Ingersoll. The mail bills on that particular route. That man Grimes was brought clear here to prove that he stopped using mail bills, and then we proved that there never were any mail bills used on that route for him to stop using. I do not suppose that that man was dishonest. These people just got around him and talked to him until he "remembered it." They just planted the seed in his mind, and then came the dew and the rain and the lightning until it began to sprout and in time blossomed and bore fruit—mail bills. When we come to find out that there never were any mail bills used, away went Mr. Grimes.

On page 4969 Mr. Bliss says:

They have not, up to this moment, dared to state under oath, I think, that those books are not in their possession.

On page 3784 Dorsey swears that he never received any such books. Never saw any such books. He swore again and again that he never heard of any such books.

Mr. Bliss. I stated distinctly that the defendants had not stated that in the form required to excuse them from the production. I stated that distinctly.

Mr. Ingersoll. All right; away goes that.

On page 4983 Mr. Bliss says:

Is it not an absurdity to suppose that Dorsey would leave Rerdell in charge of his business from July, 1879, to August, 1880, and then on from that time until the close of the contract term in August, 1882; leave all the business in that way, and then through Bosler settle the accounts with Mr. Rerdell and have no knowledge in any way, not only of the entries contained in the books which Rerdell kept, but have no knowledge that he kept any books whatever? Is it not absurd to suppose any such thing? These ten routes represented an income of two hundred and fifty-odd thousand dollars a year, or a total business, including income and outgo, of five hundred thousand dollars a year, for three years, going no further than that. These ten routes alone represented transactions amounting to half a million dollars a year. There were one hundred and thirty routes and Mr. Dorsey took one-third in value if not in number. If the value was the same, Mr. Dorsey took not less than forty routes. As ten routes involved a business of one million five hundred thousand dollars in that period, the forty routes involved in that proportion transactions amounting to six million dollars.

You made a calculation on the supposition that all the routes were expedited the same as those in the indictment, and when you made that calculation you knew they were not expedited.

Mr. Bliss. I object, your Honor, to his making any such statement as that. In the first place, it is not evidence; and in the second place, which is of more importance, it is not true. I did not know any such thing, and I do not know any such thing.

Mr. Ingersoll. Do you say now that the other routes of his, to the number you talked of, were expedited?

Mr. Bliss. I am not on the stand to be cross-examined now. But I do say to your Honor that there is no evidence of that in this case. And then I go beyond that, and say that I did not know those things then and I do not know them now.

Mr. Ingersoll. Very well; he made the argument on the supposition that all the routes were expedited. I say that not one of them was expedited in which Mr. Dorsey had an interest.

Mr. Bliss. There is no evidence on that subject.

Mr. Ingersoll. Is there any evidence of what you say?

Mr. Bliss. I put a supposititious case; you have stated a fact.

Mr. Ingersoll. I will put another supposititious case, and mine is that the other routes were not expedited.

The Court. That is the right way to meet it. Counsel ought not to turn to counsel on the other side and make an appeal to his knowledge in regard to matters not in evidence.

Mr. Ingersoll. I know, but he said he did not know it. Then I asked him, as a matter of fact, if he did not know—

The Court. [Interposing.] He stated his supposition, and you met that supposition—

Mr. Ingersoll. [Interposing.] I am always glad to get information. Now, then, I will go to another point, and that is the $7,500 check. Mr. Bliss speaks of that check at page 4997, and he says:

There is a question raised as to whether it was drawn in Mr. Rerdell's presence.

I do not think there was. How could such a question be raised, gentlemen? The check was made payable to M. C. Rerdell, or his order. On the back of the check is Mr. Rerdell's name, put there by himself. He is the only indorser. And yet Mr. Bliss tells you that there is a question raised as to whether the money was drawn in Mr. Rerdell's presence or not. The check shows, and the evidence is absolutely perfect, that the money was paid to Rerdell in person. The question is this: Whether it was drawn in Mr. Rerdell's presence. If it was paid to him in person, I imagine that he was in that neighborhood at that time. The check was written by him, everything except the signature of Dorsey. It was drawn to Mr. Rerdell, or order, and indorsed by Rerdell himself. There was no other indorser. So that it is absolutely certain that he drew the money in question. And yet Mr. Bliss says the question is whether it was drawn in Rerdell's presence or not.

Mr. Bliss continues and states that the money went to S. W. Dorsey. Did it? Mr. Dorsey, on page 3965, states the circumstances. He was packing to go away. He had not the time to go to the bank himself. He had the check written payable to Mr. Rerdell, or order, and he signed it. Rerdell went to the bank, got the money, brought it back and put it in his carpet-sack. That is the testimony.

Now, Mr. Bliss says:

No evidence was given as to what Stephen W. Dorsey was wanting just at that time with seven thousand five hundred dollars in bills.

According to Mr. Rerdell, he wanted that money to give to Mr. Brady. That is what Mr. Rerdell intended to swear. But when he found that that check was made payable to him, and indorsed by him, then they had to take another tack. They dare not say then, "That is the check." They dare not say then, "That is the money." Rerdell had forgotten at the time he swore that that check was payable to his order. When he told his seven thousand dollar story to MacVeagh he forgot about that check. When he told it to the Postmaster-General, if he did—I have forgotten whether he did or not—he forgot about that.

Now, gentlemen, I will call your attention to the part to which I really wish to direct your attention. It is an admission by the Government, an admission by Colonel Bliss; it is in these words, on page 4997, speaking of this very thing:

However that may be, they themselves put in a check here for seven thousand five hundred dollars, drawn about the time Mr. Rerdell spoke of, the money upon which admittedly went to Stephen W. Dorsey, though there is a question raised as to whether it was drawn in Mr. Rerdell's presence or whether it was not drawn by him. But the money went to Stephen W. Dorsey, and there was a promise made to show you what was done with that seven thousand five hundred dollars. But, like many another promise in this case, it remains unfulfilled to-day. No evidence was given as to what Stephen W. Dorsey was wanting just at that time with seven thousand five hundred dollars in bills.

Mr. Dorsey offered to tell you what he did with it, and you said you did not want it; you did not want to know when he was on the stand. He offered to tell you what he did with the money, and you would not take his statement. Hear what he says:

Mr. Dorsey was not taking seven thousand five hundred dollars in bills to the West.

How do you know? Who ever told Mr. Bliss that he was not taking seven thousand five hundred dollars to the West? He must have got that from Mr. Rerdell. May be that is the reason they would not allow Dorsey to tell, because before that time they had been informed that he would swear that he took the seven thousand five hundred dollars to the West. How else did Mr. Bliss find this out?

It is not in the evidence, not a line. Somebody must have told him. Who could have told him? Nobody, I think, except Mr. Rerdell. Is it possible, then, that Mr. Bliss was afraid that Mr. Dorsey would swear that he took it West? And was he afraid also that you would believe it? I do not know. He did not want him to state. Now here is what I want to call your attention to:

After all the talk about that evidence, all the talk about the seven thousand dollars, all the talk about the seven thousand five hundred dollar check, Mr. Bliss at least, admits to this jury:

Of course all that transaction might have occurred precisely as Mr. Rerdell testified, and there might have involved no corruption on Mr. Brady's part.

If, then, it may have occurred exactly as Rerdell swore, and involved no corruption, certainly it might have occurred as Mr. S. W. Dorsey swore and involved no corruption. I will go on now with a little more from Mr. Bliss:

The drawing of the money and going to Mr. Brady's room might have been a mere accident, as a call there to attend to some other business.

Of course, that is reasonable. I might go the bank and draw five thousand dollars, and then I might stop in the Treasury Department, but that is no evidence that I am bribing the Secretary of the Treasury. I might step over to see the President; that would be no reason to believe that I bribed the Executive.

Of course that is not conclusive. It is only a little straw in this case, as showing a transaction of that kind involved in connection with all the evidence you have in this case—A little straw evidence of Mr. Brady's acts, and particularly as at the time when that occurs evidence in connection with the large increases which Mr. Brady was then ordering; evidence in connection with the books, and the evidence they bear; evidence in connection with the declarations of Brady to Walsh—evidence all consistent.

And then he adds this piece of gratuitous information:

Mr. Dorsey was not taking seven thousand five hundred dollars in bills to the West.

How does he know? How did he find that out? And has it come to, this? Has all the testimony upon that point—has the confession of Rerdell to MacVeagh and James shrunk to this little measure—that it is "only a straw"? Has it shrunk to this measure that Mr. Bliss admits that the whole thing might have been exactly as Rerdell swears, and yet have been perfectly innocent? Has it shrunk to this little measure? The Government would not tell us—I presume the Government will not tell us, what check it was, the proceeds of which were taken by Mr. Dorsey to Mr. Brady. Neither will they say whether that sum was made up in one check or by adding together a number of checks; and, if so, what number?

At page 295 Mr. Bliss told you, in his opening speech, that Rerdell had on one occasion gone with Mr. Stephen W. Dorsey to the bank, and that seven thousand dollars had been drawn; that he had gone with Dorsey to the door of the Post-Office Department, or to Brady's room, at the time—he would not undertake to say which—Mr. Dorsey stating to him that he intended to pay that money to Mr. Brady, and that he (Mr. Dorsey) then went in. But when they come to put this man on the stand he will not swear that Dorsey ever told him that he intended to pay the money to Brady. Probably that part of the statement, that Dorsey told him that he was going to pay that money to Brady, can be found in the affidavit made before Mr. Woodward, in September, and repeated in the affidavit made at Hartford in November. But it is not in evidence here.

Now, we brought all the checks that we had given on Middleton's bank, with the exception of two, I believe, that amounted to some hundred and odd dollars. We gave the Government counsel notice that there were two others.

Among those checks was this one for seven thousand five hundred dollars. There were many others. I asked the gentlemen to pick out their check; they would not do it. I asked the gentlemen to pick out the checks; they did not do it. And now if we had failed to produce checks that were important in this case, the Government could have produced the books and clerks of Middleton & Company, and shown exactly the checks we drew upon that bank that month. They did not do it. As a matter of fact, I offered all the checks on all the banks I could think of that we had any business with in any way, except one, and that turned out to be the German-American Savings Bank, and it turned out that that went into bankruptcy eight months before this business; so there is no trouble about that. Why did they not pick out the checks upon which they claimed that the money was drawn that was paid to Brady?

Mr. Rerdell, on page 2254, in speaking of the money, swore that money was charged to Brady on the stub. He says that Dorsey told him, "You will find the amount on the stub of the check-book." The jury will notice that he speaks of the "amount," the "stub," and the "book," all in the singular. That was followed, I believe, by about six pages of discussion, and everybody who took part in that discussion, the Court included, spoke of the sum of money as an "amount," upon a "stub," in a "checkbook."

I call attention to 2254-'55-'56-'57-'58-'59. On all those pages it is spoken of as a stub of a check-book, or amount on a stub in a check-book. After the discussion was closed, then the witness began to talk about "books," "checks," "stubs," and "amounts." Why did he do that?

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 "check-books" than "checkbook," 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 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 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, "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.

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. Kepuer. 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.

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 suspicious 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 he 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.

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 whatever 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:

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 mail 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 benefited by it themselves, and who ought to be benefited. Should the men that get the public attention in that direction be benefited, or the men who do nothing? I say that the men who give attention to the business have a right to be benefited 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.

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.

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 bedside, 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:

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 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 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?—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 guess.

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 laud 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 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 checks. 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.