Mr. Ker. I would like--

Mr. Ingersoll. [Interposing.] I don't want to hear from you.

The Court. You do not know what he is going to say.

Mr. Ingersoll. He may be intending to make a motion that the jury be

instructed to find a verdict of not guilty.

Mr. Ker. As Mr. Merrick will have to answer, he simply wants to know the

page.

Mr. Ingersoll. If Mr. Merrick wants to know the page he shall have the

page, or anybody that wishes to answer. If counsel had simply asked me

for the page, without getting up in such a solemn manner, I would have

told him.

On page 1406, Mr. Moore says that he went to Dorsey and got the money,

and that then Dorsey requested him to telegraph to The Dalles, and that

he did not see Dorsey after he got the answer to his dispatch, I think,

for two or three days. He reached Washington, he says, about the 11th.

On page 1372, he speaks of telegraphing to The Dalles by instructions

from Dorsey.

Now, gentlemen, I am going to call your attention for a little while

to another witness, Mr. Rerdell. And in the commencement, I need not

refresh your minds with regard to the part he has played. I need not, in

the first instance, tell you about his affidavit of June, 1881, nor his

affidavit of July 13, 1882, nor his pencil memorandum, nor his Chico

letter, nor his offer to pack the jury on behalf of the Government, nor

the signals he had agreed upon, nor the reports he made from day to day,

nor the affidavit of September that he made for the Government, nor of

November nor of February. All these things you remember and remember

perfectly. I will speak of them as I reach them, but I want you to keep

in your minds who he is.

I need not call any names. Epithets would glance from his reputation

like bird-shot from the turret of a monitor. The worst thing I can say

about him is to call him Mr. Rerdell. All epithets become meaningless in

comparison. The worst thing I can say after that would have the taint of

flattery in it. You will remember when Enobarbus was speaking to

Agrippa about Caesar, he says, "Would you praise Caesar, say Caesar. Go

no further." And I can say, "If you wish to abuse this witness, say Mr.

Rerdell. Go no further." That is as far as I shall go.

You will remember that Mr. Rerdell was in the employ of Stephen W.

Dorsey, and had been for several years. He does not pretend that he was

ever badly used; he does not say before you that Mr. Dorsey ever did to

him an unkind act, ever said an unkind word. In all the record of the

years that he was with him he finds no page blotted with an unjust

act, not one. He has no complaint to make. Under those circumstances

he voluntarily goes to see a man by the name of Clayton, I think an

ex-Senator from Arkansas, known to him at that time to be an enemy of

Stephen W. Dorsey, an enemy of his employer, an enemy of his friend--his

friend, whose bread this witness had eaten for years, whose roof had

protected him, who had trusted and treated him like a human being. Yet

he goes to this man Clayton, and he says, in substance, "I want to

sell out my friend to the Government." He was not actuated exactly by

patriotism, although he says he was. The promptings of virtue may have

started him, but after he got started he said to himself, "I do not see

that it hurts virtue to be rewarded." So he said, "I want some pay for

this; I want a steamboat route reinstated; I want the Jennings claim

allowed. Of course I am disinterested in what I am doing, but I might

as well have something, if it is going." "What else do you want?" The

disinterested patriot suggested that he would like to have a clerkship

for his father-in-law. "Anything else?" If you will read his letter of

July 5, 1882, which I will read to you before I get through, you will

see that he says, "If I had remained with the Government I have every

reason to believe I would have had a good position by this time." So he

must have demanded a clerkship for himself--good, honest man. At that

time he did not know, but swore it afterwards and swore it here upon the

stand, that Dorsey had never done anything wrong; and yet he was willing

to sell him to the Government, believing that he had never done anything

wrong. So he went and saw the Postmaster-General. The Postmaster-General

did not appear to take any great interest in the matter. He turned him

over to the Attorney-General. He showed the Postmaster-General what he

had, and read him, I believe, or showed him some memoranda. Then he went

and saw the Attorney-General. The Postmaster-General did not seem to

give him encouragement. Then when he went to see MacVeagh he took with

him a letter-book--I do not know but more than one--but we will say a

letter-book. Now, what was in that letter-book? And, gentlemen, the

only way to find whether a man tells the truth is to take all the

circumstances into consideration. What did he want to do? What was his

object? And what were the means at his command? For instance, it is said

that a man left his house with the intention of murdering another, and

that he had on his table a loaded revolver, and also had on his table a

small walking-stick, and he took with him the walking-stick. You would

say he did not intend to commit the murder; that if he had so intended

he would have taken the deadly weapon. In other words, you must believe

that men, acting for the accomplishment of a certain object, use the

natural means within their power.

Now, what did he have in that letter-book? He swears now that in that

letter-book there was a copy of a letter from Stephen W. Dorsey to James

W. Bosler; that the original letter was written by Stephen W. Dorsey.

That press-copy, of course, would show that the original letter was in

the handwriting of S. W. Dorsey. What does he swear was in that letter?

He swears that Dorsey made a proposition to Bosler to go into the

business; told him the profits, and told him that he had to give

thirty-three and one-third per cent, to T. J. B.; that he had already

paid him, I think, twenty thousand dollars, and had more to pay him.

According to the testimony of Mr. Rerdell, that was in the letter-book

that he took to Mr. MacVeagh. Now, recollect that. Why did he not show

it? He had forgotten it. He showed him what he had. Recollect now, that

he had a tabular statement. I think the letter showed so much money to

T. J. B., and the tabular statement thirty-three and one-third per cent,

to T. J. B. He had that tabular statement, and that was in Dorsey's

handwriting. He says he had it. Well, after that, the Attorney-General

must have told him, "That is not enough; I want some more." "Well," he

says, "I can let you have some more." "What more can you let us have?"

Well, then he told him about the red books; I do not know that he said

they were red, but he told him about the books and that those books were

in New York, and he would go over there and get them; that he was

going to steal them; he says he went over to get them, and afterwards

admitted, I believe that lie was stealing them.

Now, we must remember the position Rerdell was in. He had been to

Clayton, to the Postmaster-General in company with Mr. Woodward, and to

the Attorney-General in company with Mr. Woodward, and yet there was

not enough. Well, it was all he had. What more could he do? He suddenly

found himself caught in his own trap. He had furnished enough to trouble

him, but not enough to convict Dorsey, and not enough to be promised

immunity. Now, what had he to do? He did exactly as he did with Mr.

Woodward in September, when he made that affidavit, and when Woodward

said it was not enough; he said, "Very well, I will make another," the

same as he did when he made the affidavit of seventy pages in November

and found it was a little weak. He made another, and he would have made

them right along. He had a factory running night and day. Now, he tells

you that while he was talking with MacVeagh, just towards the last of

the conversation, the idea flashed into his brain that he might save

Dorsey too. Don't you remember that testimony? And as quick as he

thought of that, he agreed to go to New York and steal the books. The

very last thing that MacVeagh said to him, according to MacVeagh's

testimony, and I believe according to his own, was to be sure and get

the books; that they were all important. So he went, as he claims. Now,

did it occur to him that he would save Dorsey in that way? Did he think

of saving Dorsey by going and getting these books? That was the last

thing, and he was going to get the books to be used as evidence against

Dorsey.

In a few days he says he started for New York, and the question arises,

why did Rerdell go to New York at all? Why did he want to see that the

books were in New York? Why did he pretend that he had any more evidence

unless he had it? You see you have got to get at the philosophy of

this man; you have got to find what actuated him; and although in many

respects he is abnormal, unnatural, monstrous, and morally deformed,

still it may be that we can find the philosophy upon which he acted. Why

did he say he was going to New York? Because the Attorney-General

told him--he must have told him--that the evidence he then had was not

sufficient. Rerdell could not break down right there and say, "That is

all I have got." That would give up the fight; that would tell him

that he had endeavored to sell out his friend and nobody would buy the

evidence; that would tell him that he had tried this and had failed;

that he had simply succeeded in showing his own treachery without

involving his friend. He could not stop there. You must recollect the

evidence he had, and the evidence he wanted.

Let us see what he had. Mr. Bliss says, "Why did he say the books were

in New York? Why did he not say they were in Washington?" That would

not have given him time, gentlemen. He would have been told, "Go and get

them." Then he could not have produced them. Consequently he put them in

the possession of somebody else, so that if he failed to get them, then

he could say that the other man destroyed them or had hid them; he could

have said, "I have done my best; they did exist, but they have been

destroyed, or they have been hidden, or they have been put out of the

way." He wanted time, and knowing that no such books existed, he could

not say, "I have them in Washington," because then he could give no

excuse for their non-production. He must state it in such a way that he

could reasonably fail; that is to say, that he could give a reason for

his failure. He could not say, "I have them in my house," because

he would have been told to go and get them. So he put them in the

possession of another man, so that, failing to get them, as fail he

must, he could give a reasonable excuse for the failure.

Why did he go to New York? I will tell you what my philosophy is: He

found that the Government did not wish to purchase the evidence that he

had. He found that, in the judgment of the expert of the Department of

Justice, it was not sufficient. The next thing was to retrace his steps.

He did not want to jump off of one boat into the sea and find no other

boat to rescue him. He said: "I have been too hasty; I will go to New

York." Why? To find out whether Dorsey had heard of this or not. That

is what he went there for. The inferior man always imagines that the

superior knows what he is doing, and knows what he has done. He found

that he was about to fail with the Government, and then the important

question to him was: Has Dorsey found this out? Can I go back to

Dorsey? Or must I go on and be cast away by him and be refused by the

Government?

Now let me call another thing to your minds. I will come to it again,

but it forces itself upon me at this place, and it seems to me it ought

to be absolutely conclusive.

He swears that on the day after he went to MacVeagh with that

letter-book, in looking it over he found the press-copy of the original

letter that Dorsey wrote to Bosler on the 13th of July, 1879. says that

the next day he found that copy in that copy-book. Why did he not steal

the book? Conscientious scruples, gentlemen! You see he was going to New

York to steal another. Why not steal one that he already had possession

of? And how much better that book would have been than the other that he

was going to get. This was a copy of a letter in Dorsey's handwriting,

in which he admitted that he had paid twenty thousand dollars to T. J.

B., and was going to pay him some more, while that book in New York was

not in Dorsey's handwriting--admitting, for the sake of the argument,

that there was a book--but was in the handwriting of Donnelly

or Rerdell. See? And right there he had the evidence, absolutely

conclusive, in the handwriting of S. W. Dorsey himself, and he did not

even keep it, he did not even steal it, but he gave it back and went

to New York to steal a book that Dorsey did not write. He threw away

primary evidence to get secondary evidence. He threw away that which

would have convicted Dorsey beyond a doubt, which would have made him

a welcome recruit to the Government. He threw that away and went to New

York to get another, a line of which Dorsey never wrote; and then he

would have to establish, after he got that book, that "William Smith"

stood for Thomas J. Brady; he would have to prove after they got

that book that "John Smith" or "Samuel Jones" stood for Turner. Now,

gentlemen, do you believe that that man, with his ideas of honor, with

the kind of a conscience he has in his bosom, with the copy of a letter

in Dorsey's handwriting in his possession admitting that Dorsey gave

twenty thousand dollars to T. J. B., would give that up and then go to

the city of New York to steal a book not in Dorsey's handwriting, and

that did not prove that Dorsey had ever paid a cent to Thomas J. Brady,

in which there was one charge to "William Smith," and that would have to

be eked out by the testimony of Rerdell himself, when he had right

there in his own grasp and clutch the press-copy of the original letter

written by Dorsey himself? Do you believe it? There is not a man on

that jury believes it; there is not a lawyer prosecuting this case who

believes it.

What else did he have? He had a letter that he himself, as he claims,

wrote to Bosler on the 22d of May, 1880, after he, Rerdell, had been

summoned to appear before a committee of Congress. He had, he says,

those three sheets.

What else did he have the morning after he was talking with MacVeagh? He

had the tabular statement in the handwriting of Stephen W. Dorsey, and

over the Brady column, "T. J. B., thirty-three and one-third per cent."

What more did that man have? He had the balance-sheets made out, as he

swears, by Donnelly, of those books. Were the balance-sheets just as

good as the books?

Now, just think what he had, according to his own testimony: A copy of

the original letter, written by Dorsey to Bosler, in which he admitted

his guilt; a copy of the tabular statement, written by Dorsey, in which

he put down thirty-three and one-third per cent, to T. J. B. What more?

Copy of the letter that he had written to Bosler on the 22d of May,

1880. He had all that, and he must have had this memorandum, though I

will show you that he had not, and I think I will show you when he made

it. And yet he was going to New York to get some more evidence. He

was going to steal another book in New York that would simply create a

suspicion, while he gave up a book that was absolute certainty. That is

the theory. But they say, "Oh, he did not do that quite." What did

he do? He went and had that copied. He swears that he had copied

that letter of May 13, 1879, that Dorsey wrote to Bosler, in which he

admitted that he gave twenty thousand dollars to Brady. Now, a copy

would not show in whose handwriting the press-copy was, would it? That

is a very important point. Who copied it? I think he said Miss Nettie

L. White copied it. We never hear of Miss Nettie L. White again, though.

These gentlemen admit that you are not to believe Mr. Rerdell on any

point that is not corroborated, and when he swears that Miss Nettie L.

White copied the letter you are not bound to believe there was such a

letter unless they bring Miss White or account for her absence. They

did not bring her. That is an extremely important point in their case,

infinitely more important than whether the red books ever existed. Did

Dorsey write a letter to Bosler in which he admitted his guilt? This man

says that he had complete and perfect evidence of it in his own hand;

that he gave that up; that he had that copied by Miss White. And they

did not bring Miss White. Certainly he had no scruples about tearing it

out. He says he tore out his letter to Bosler of the 22d of May, 1880.

He had no scruples about that. He did not refuse to keep the book

because it touched his honor, because in a day or two he was going to

steal another not half as good as that one, not one-tenth part as good.

Just think. He gave up evidence that was absolute and complete, and went

to steal evidence that was secondary and of the poorest character. You

do not believe it. He would have kept that book if he had kept any. If

he was going to steal any evidence, and had the best, he would have kept

it. The trouble was that there was no such letter in that book. There

was his letter of May 22, 1880; no doubt about that; and that man tore

it out, and then he made up one in his own mind, and had it of that

date; that is all.

So he went to New York, and he swears that he went right up to the

Albemarle Hotel; that it was early in the morning; that Dorsey was not

then up; and that he had a conversation with Dorsey, in which Dorsey

charged him with having had something to do with the Government, with

having gone over to the Government. Dorsey had heard that there was

something going on about that time, and I suppose he asked Mr. Rerdell

about it. Rerdell denied it; said there was no truth in it; that nothing

of the kind, character, or sort had ever happened.

Now let us just see whether I can demonstrate to you that Rerdell, in

the conversation he had with Dorsey at the Albemarle Hotel, denied that

he had gone over to the Government, or that he had done anything that

was not perfectly honest, straightforward, and upright. I refer to it

now, although I may come to it again.

And, gentlemen, I am sorry for you; I pity every one of you, that you

have to hear all that has to be said in this case. But you must put

yourselves, for the moment, in our places. You must remember that these

defendants have borne this agony, have been roofed and surrounded

with disorder for two years. You must remember that the agents of the

Government have pursued them, they have watched over them and spied them

night and day. You must remember that they have been slandered for

years in the public press, although the tone of the public press is now

changing, and changing in such a marked degree that one of the

attorneys here for the prosecution claimed that we had bought up the

correspondents. When you take into consideration what my clients have

suffered, the position they are now in, fighting this great and powerful

Government, I know you will excuse us for inflicting upon you every

thought and every argument that we think may be for our defence.

I am doing for my clients what I would do for you, or any of you, if you

were defendants, and I am doing for them what I would want them to do

for me were I a defendant and they my counsel.

Now I am going to demonstrate this. When Mr. Rerdell got to Jersey City

he telegraphed back, according to the evidence of Mr. Dorsey:

Up to this moment I have been faithful to every trust.

I believe Rerdell swears that he did not send that. He had a

memorandum-book which he took out of his pocket. I think a leaf was torn

from it, and he ran his pencil through this line on the page on which

he had taken a copy of this dispatch, "Up to this moment I have been

faithful to every trust," and says he did not send it. Why did he put

his pencil through that? Because that line would not agree with the

testimony he had given upon the stand. "Up to this moment I have been

faithful to every trust" was in that dispatch. I want to ask you if you

believe that Rerdell could have sent that dispatch to a man to whom he

had admitted that very morning that he had gone over to the Government?

Do you believe it? How perfectly natural it would have been for him to

send a dispatch from Jersey City that harmonized and accorded with his

denial of that morning.

Just look at that [handing the paper to the foreman of the jury.]

Just read it. I want the jury to look at it. He rubbed it out of his

memorandum-book. When? At the time? No, sir; when he found that he

wanted something to harmonize with his evidence here. Even he had not

the brazen effrontery to swear that he had told Dorsey that very morning

that he (Rerdell) had gone over to the Government, and then that very

afternoon to telegraph him--Up to this moment I have been faithful to

every trust.

Why, in comparison with that cheek brass is a liquid. What is the next

sentence?

The affidavit story is a lie.

Why did he leave that in? Because technically that was true. He had not

then made an affidavit, and there is nothing so pleases a man who has

made up his mind to tell a lie as to have mixed with the mortar of that

lie one hair of truth. It is delightful to smell the perfume of a fact

in the hell-broth of his perjury. Just look at that. These two things

show that he had not admitted to Dorsey that he had told the Government

anything against Dorsey. He wanted Dorsey to understand that he,

Rerdell, had not communicated with the Government. Now, if you admit his

evidence to be true, at the time he sent that dispatch he had the stolen

book under his arm, and you, gentlemen of the jury, are asked to believe

a man who would do that thing. I would not. I would not convict the

meanest, lowest wretch that ever crawled between heaven and earth upon

such testimony. Never. Neither can you do it. A verdict must rest upon

a fact. The fact must rest upon the testimony of a witness. That witness

must be, or seem to be, an honest man. And unless a verdict is based

upon the bed-rock of honesty, it is infinitely rotten, and the jury that

will give a verdict not based upon honesty is corrupt.

Mr Crane (foreman of the jury.) I notice that this dispatch seems to

have been written with different pencils at different times.

Mr Ingersoll--Up to this moment I have been faithful to every trust--Is

written very dimly.

The affidavit story is a lie, but confidence between us is gone--Is in

still a different hand.

I resign my position and will turn everything over to any one you

designate--Is still another hand. Three hands, three pencils, in the one

memorandum. These papers have been manufactured, and when the Government

said, "This is not enough," another paragraph has been added.

How hard it is to perpetrate a piece of rascality and do it well. There

are an infinite number of things in this universe, and everything that

is in it is related to everything else; and when you get a falsehood in

it that does not belong to the family, it has not the family likeness;

and when anybody sees it who is acquainted with the family, he says,

"That is an adopted young one."

Mr. Rerdell now says, I believe, that he did not send that line, "Up to

this moment," &c. Dorsey swears that he did. Rerdell then produces this

book and this paper which I have shown to you.

Now, let us follow Mr. Rerdell from the Albemarle Hotel.

I will show that he crosses himself on almost every fact that he

endeavors to swear to. He swears that he went to Dorsey's; that from

Dorsey's he went immediately to Tor-rey's office; that he then went and

got lunch and then went to Jersey City. He also swears that he got his

breakfast before he went to Dorsey's. In the next examination he swears

that he got his breakfast after he went to Dorsey's, and after he got

the book he went to Jersey City, first walking up and down Broadway for

about an hour. He had forgotten about the lunch. There is nothing in

it but a mass of contradiction. He swears that he went down to Torrey's

office. Why did he not make it earlier, as soon as he got off the boat?

Because he did not have any key to the office. It would not do to swear

that he broke into the office and that nobody ever heard of it, and so

he had to put the time after the office would naturally be open. Well,

now we have got him as far as the office. He swears that he went in

there and saw Mr. Torrey. After chatting a little with Torrey, and

telling him the object of his visit, Torrey took him into the next room

and took these books from a shelf or desk, or something of that kind,

and handed them both to him, and he looked them over at his leisure,

while Mr. Torrey went back to his business. He finally took the journal

and left the ledger. Why did he leave the ledger? I will tell you after

a while. Every lie, as well as every truth, has its philosophy. He took

the journal and came along out with it under his arm, not wrapped up,

not concealed. Then he had another chat with Torrey about the weather

or something, and then he went on. Why did he swear that he had a

conversation with Torrey in that office? I will tell you. When he was

giving that testimony, Torrey was in mid-ocean, between New York and

Liverpool. I guess Mr. Rerdell had heard that the man was away. He

thought he would be absolutely and perfectly safe, and so he said he

had a conversation with Torrey. The moment he repeated that conversation

with Torrey, I said, "Where is Torrey?" We telegraphed to New York and

we found that Torrey had left for the old country. We sent a cablegram

to Queenstown and we intercepted him. I think he staid a day in the old

country, and took the next ship and came back, arriving here in time

to swear that Rerdell never visited that office, that he never had that

conversation with him, and that he never got that book from that office;

more than that, that that book never was in that office. Who are you

going to believe, Torrey or Rerdell?

Another man was there on that very day, Mr. Mullins. He never had any

recollection of seeing Rerdell until he saw him here. All the books were

kept in the safe except the books that Torrey had in his desk. No

such books were in the safe and no such books were in Torrey's desk.

Gentlemen, no such books existed, and I will demonstrate it to you

before I get through. No doubt the man had some little expense-books of

his own. He has widened them, he has lengthened them, he has thickened

them, he has colored them. He has refreshed other people. When the

Government tells a man, "You have got an office, haven't you?" "Yes."

"Well, we want you to remember this." Then he is refreshed on the

subject. The words the Government speaks are rain and dew and sunlight

upon the dry grass of his memory and it springs up green. He says he has

been refreshed. Before I get through I will show you that these things

were proved only by gentlemen who had been refreshed.

Now, why did Rerdell say he took the journal and left the ledger? I will

tell you. There is more in the shirt theory than you would think. He had

a shirt in a paper, folded up just once over the bosom. Unexpectedly

lie met Mr. James on the train. He was very much surprised to meet him,

because James swears he was very much surprised to meet Rerdell. James

knew that he had gone over to New York to get those books, and he asked

him, "Did you get the books?" Rerdell had that beggarly little package.

He could not call that "books," because it was not large enough, and so

he had to say he had a book. That was the reason he said journal and not

ledger. He had too small a package for "books," and consequently he

told James he had the "book," and he is sticking to it; only one book.

Another reason: He said to James, and it was very smart of him, "I don't

want to show you what I have got in this package, because there is a

fellow looking," and so the shirt, in unconscious innocence, reposed

unseen. Who was the fellow who was looking? Chase Andrews. You recollect

him. He came into the depot at Jersey City at the time Rerdell was

writing this virtuous dispatch, this certificate of his honor and of

his faithfulness. He shook hands with Rerdell. Rerdell said he had a

carpet-sack, but it was not big enough to get one of these books in. He

wanted the jury to think it was a pretty big book. He hated to lose a

chance of adding to the size of the book, and so he swore that it was

too big to put in the carpet-sack. If he had only had sense enough to

put it in the carpet-sack, and let it alone, we never could have proven

anything about it by Chase Andrews. Andrews would not have sworn that he

looked through the carpet-sack. But Rerdell in his anxiety to have

that book a big book said he could not get it into the carpet-sack, and

consequently must have held it in his hand. Chase Andrews saw him in the

depot at Jersey City, and rode in the next seat in the Pullman car

from Jersey City to Washington, and Rerdell had no book. Who will you

believe, Chase Andrews or Mr. Rerdell?

Mr. Ingersoll. [Resuming.] May it please the Court and gentlemen of the

jury.

It is also claimed by the prosecution that on the evening of the day on

which Rerdell was in New York and sent the telegram from Jersey City.

Dorsey wrote a letter to Rerdell in which he begged him for the sake

of his family, for the sake of his children, and everything to go no

further. I believe it is claimed that after Mr. Rerdell got back here

to Washington he showed that letter to his brother. It struck me as

extremely wonderful that he did not show his brother the book; that was

such an important thing, it being the thing that he went after, being

something that was to decide his fate with the Government. There was

nothing about that. Let me say right here: Suppose his story is true

that he told Dorsey that he had been to the Government. Would Dorsey

write to that man a letter begging him for God's sake not to go further?

Would he not rather have sent some man to see him? He knew at that time

that he was utterly dishonest, having received that very afternoon,

according to Rerdell's testimony, a telegram from Rerdell, in which

Rerdell admitted that he had told a falsehood. Would he then have put

himself upon paper? Would he have put himself in the power of that same

man? I ask you, because you know there is about as much human nature in

one person as in another, on the average, and the only way you can

tell what another man will do is by thinking "What would I do under the

circumstances?"

I am going to demonstrate to you now with just one point that there were

no such books. When Rerdell came to make the affidavit of June 20, 1881,

Dorsey knew that Rerdell had talked with MacVeagh, James, and Clayton.

He also knew that Rerdell, according to his statement, had promised to

go to New York and get the red book. Rerdell swears in the affidavit of

June, 1881, that he promised MacVeagh to go to New York and get those

books. Dorsey knew at that time whether such books existed or not. If he

knew they did exist then he knew that Rerdell went after them. Why did

not Dorsey ask Rerdell at the time he made that affidavit, "Did you

get a book in New York?" Admitting, for the sake of the argument, that

Rerdell's story is true that the books were there and that Dorsey knew

it, would not Dorsey have asked him, when he was making the affidavit of

June 20, 1881, "Did you get a book in New York? What did you do with it,

if you did?" Rerdell swears that Dorsey did not mention that subject;

that it was not talked of between them. Why? Because both knew that no

such books existed. That is the reason he did not ask him if he got it.

He knew that he did not get it. Why? Because the book was not there to

be obtained. Can you explain that on any other hypothesis? Dorsey knew

at this time, according to the testimony of Rerdell, that Rerdell

was dishonest; knew that Rerdell had tried to sell him out to the

Government; knew that Rerdell had promised MacVeagh he would go to New

York and get those books; knew that Rerdell had been to New York; knew

that Rerdell had gotten back, and yet did not ask him, "Did you get a

book?" Would he not naturally have said, "I want that book that you got

in New York. I want it now." It also appears in evidence that on the

very day that Rerdell was in New York and says he was in Torrey's

office, Torrey in the afternoon went to the Albemarle Hotel to do some

writing for Mr. Dorsey. Is it conceivable that Torrey would not in that

conversation have told Dorsey, "Your clerk, Rerdell, came to the office

to-day and I gave him the mail book or one of those books"? Not a word.

That affidavit was made in June, 1881, and was the affidavit in which

Rerdell disclosed what he had done with the Government, and that he

had agreed to get that very book, and yet Dorsey did not take interest

enough in the matter to ask him if he got a book.

Mr. Merrick. Is there any evidence of the conversation between Torrey

and Dorsey?

Mr. Ingersoll. No. The evidence is that Torrey went there that evening.

You claim that that was the topic of conversation, and that Dorsey sent

dispatches to Rerdell that night and wrote a letter to Rerdell. So, I

say, under the circumstances, and with the excitement then prevailing,

it is inconceivable that Torrey should not have said, "Your man Rerdell

has been at my office to-day, and got one of the books."

I say it is inconceivable that he did not tell him, and therefore Dorsey

must have known it had it been a fact, and had it been a fact when

Rerdell made the affidavit of 1881, Dorsey would have said, "I want that

book. I want the book you stole from my office." He did not even mention

it. It was not the subject of conversation. Yet, in that same affidavit,

he said that he agreed to go and get it, and in that same affidavit he

said that no such book ever existed. He swore to that affidavit from

friendship. You see, gentlemen, about how much friendship that man is

capable of. He swore for friendship that no such book existed; he now

swears that it did. What is that for? You want to consider these things.

Nobody asked about that book. The matter drifted along. The summer wore

away. Autumn touched the woods with gold. Nobody ever mentioned the

book. Winter came. That book was in a little carpet-sack hanging in a

woodshed. A magnificent place to secrete property. The snows descended;

the winds howled around that woodshed. The carpet-sack hung there with

the book in it. Nobody touched it. I think the next year, may be that

summer, he wrote or telegraphed to Mrs. Cushman to get the book. It

suddenly occurred to him that a woodshed was not a safe place for it.

She got a book. She looked into it enough to find out it was about the

mail business. She put it away; finally that book was brought from its

hiding-place on the 13th of July, 1882, when Rerdell says he handed it

over to Dorsey, and there is not one syllable of evidence going to show

that it was ever spoken of from the time he visited New York until he

brought it to Dorsey, as he claimed, at Willard's Hotel. What made him

give it to him? Dorsey was mad. Dorsey threatened that he would have

Rerdell arrested for perjury, because Rerdell had sworn that he, Dorsey,

was innocent. That is enough to excite the wrath of an ordinary man.

Dorsey was then on trial. The first trial was then going on. We were

right in the midst of it. The year before that Rerdell had solemnly

taken his oath that Dorsey was an innocent man, and here Dorsey was in a

court insisting that he was innocent. Yet he threatened to have Rerdell

then and there punished for perjury because he had sworn that he was

innocent. That frightened Rerdell. I think it was calculated to frighten

any man.

Why did Dorsey allow Rerdell to keep that book? There is only one

possible explanation: The book never existed. That is all. Torrey would

have told about it if it had been taken from his office, because I

believe the evidence shows that that affidavit was shortly afterwards

published. Nobody seemed to have taken any interest in that book. All

interest faded away. Now, Mr. Rerdell made that affidavit on the 20th

of June, 1881. I believe, on page 2468, Rerdell swears that when he

made the affidavit of June 20, 1881, he had the copies of the original

journal and ledger at Dorsey's office. Afterwards he swears he had not.

He swears that he then gave them to Dorsey. Afterwards he says they were

sent to New York the year before. I will come to that after awhile. Now,

let us see what the position of affairs was on June 20, 1881. At this

time Rerdell had furnished the Government all the information he had,

except the book. Then they had said to him substantially, "The evidence

is insufficient. We want more." Rerdell agreed to furnish them the

books, and went to New York to get the books.

Now, he had Dorsey absolutely in his power, according to his account.

What did he do? He had, according to his testimony, the copy of the

letter Dorsey had written to Bosler on the 13th of May, 1879, the copy

having been made by Miss Nettie L. White. He had the tabular statement

in Dorsey's own handwriting, showing thirty-three and one-third per

cent, to T. J. B. He had the letter that he himself wrote to Bosler on

the 22d of May, 1880. He had the red book. According to his statement,

on that day he had Dorsey in his power. All he had to do was to take the

next step and secure absolute safety for himself and crush his employer.

What did he do? He then said, "I went to the Government and played the

detective." He retreated. He voluntarily put himself in a position a

thousand times as perilous as he had been in before. He put himself in a

place where he had to swear that what he told the Government was a lie,

and that he was simply endeavoring to find out the Government's case and

was acting as a detective. You must recollect that Rerdell is a man

who does nothing for money. He will make an affidavit for unadulterated

friendship. He will make it also from fright. He will make it also, he

says, in the interest of truth. At that time he made an affidavit, as he

says, for friendship, and it is for the jury to determine how much a man

like Rerdell--because you know what he is just as well as I do--would

do for friendship. You have seen him here day after day. You saw him

sitting right at the door when Mr. Ker and Mr. Bliss were demonstrating

to you that he was a guilty wretch, and you saw his face beaming with

pleasure. He was absolutely delighted. Yet when Mr. Wilson stood here

and endeavored to show that the man was not as bad as he said he was,

endeavored to show that his plea of guilty was absolutely false, he

slunk away, covered with the shame of innocence. He did not want to hear

that. He wanted it understood that he was guilty, and that it was the

proudest moment of his life. Now, it is for you to determine how much

such a man would do for friendship. It is for you to determine how you

can take advantage of his finer nature. He had Dorsey in his power,

according to his story, but instead of carrying out his original

design he turned against the Government. Why did he do that? Because of

patriotism? No. Why? He did it for his own benefit, gentlemen. He never

acted from any other motive. Why did he not stay with the Government?

Because they would not give him his price for his evidence. Why would

they not give him his price for his evidence? Because his evidence was

not worth it. If he had had the copy of the letter from Dorsey to Bosler

they would have given him his price. They would have followed him

all over the United States to have given him his price. There was the

absolute evidence against Dorsey. There was the evidence against the man

whom Mr. MacVeagh wished to drag down. Why did they not buy it? Because

the man did not have it. Why did he desert the Government? Because the

Government would not give him his price. Again I ask why would not the

Government give him his price? Because he had not the goods; he had not

the evidence. Then what did he do? He sneaked back and asked protection

of the man he had endeavored to betray. That is what he did. He again

asked Dorsey to stand by him. Dorsey did not need this man. This man

needed him, and he instantly deserted the Government and went back to

Dorsey. For the sake of saving Dorsey? No. For the purpose of saving

himself.

He had not the evidence. Yet, according to this testimony of his, he did

what I told you. What else did he have? He had the route-book. What was

the route-book, gentlemen? From the evidence it appears that this man

kept a route-book, and that in it he had the name of each route, the

number of the route, where it started from, and where it went to,

the name of the contractor, the amount per year, the name of the

subcontractor, the amount per year, and then a column showing whether

it had been increased, and, if so, how much, and whether it had been

expedited, and, if so, how much. He had that book. He says he was

subpoenaed to appear before the Congressional committee. What book would

that committee want? They would want the book that showed the original

contracts, the subcontracts, the description of the routes, how much the

Government paid to the contractor, and how much the contractor paid to

the subcontractor. That was the book they wanted, and that was the book

to hide if any hiding was to be done. That was the book to have copied.

That was the book in which figures should have been changed, if in any.

And yet he never said one word about that route-book. He had it in his

possession. Why should he not expect the committee of Congress to call

for that book? He did not tell you. He did not have that book copied,

and yet that was the book that had in it every particle of information

that the Congressional committee wanted. Not a word on that subject.

It appears, too, in the evidence, that Mr. Rerdell had in his possession

certain notes that passed between him and Mr. Steele about the red

books. Why were not those notes produced in evidence? Mr. Steele

was here on the subpoena of the Government. Why were not those notes

produced in evidence? Not a word about that. Is it possible that those

notes were about the route-book? Why were they not produced? Rerdell

went before that Congressional committee. He did not take any

route-book. What did he take? He said that he had these books made up to

take. Did they contain the accounts of the subcontractors? No. Donnelly

swears there were not more than twelve accounts in the book. What was

the use of taking that book, or those books, before the committee?

Another thing: He says that he went immediately and got those books

copied. Would he try to palm off the copies as originals? Would not the

committee ask him the very first thing, "In whose handwriting are these

books?" He could not say, "They are in mine," because then he would be

caught. He would have to say, "They are in Mr. Donnelly's handwriting."

The next question would be, "Where is Mr. Donnelly?" And the answer

would be, "Here in town." The committee would send for him and would

ask, "Mr. Donnelly, did you write in those books?" "Yes." "Did you make

the entries at the time they purport to have been made?" "No, sir; I

copied them from another set of books that Mr. Rerdell gave to me."

He would either say that or swear to a lie. Then they would say, "Mr.

Rerdell, we want the original books," and then he would be caught. You

cannot imagine a more shallow device. More than that, the books would

not have any information that the committee wanted, nothing about these

contracts, and nothing about the amount paid the subcontractors. If the

committee wanted anything they wanted to show that the Government

was paying a large price and the contractors were paying to the

subcontractors a small price. Rerdell says that when he was subpoenaed

to bring his books he never thought of the route-book. He thought of

the red books, and yet the route-book was the only book that had any

information that the committee wanted. How was he to palm that off? Is

it possible to think of a reason having in it less probability, less

weight, less human nature than the reason he gives for having those

books copied? There is another question. If Rerdell expected to palm

off the copies as the originals, why did he keep the originals? For

instance. I have a book here that I don't want Congress to see, and so I

have it copied.

I am going to swear that that copy is the original; otherwise the device

is good for nothing. Why keep the original and run the perpetual danger

of discovery? Why not burn the original? Why keep the evidence of my own

guilt, liable to be found at any moment by accident, by a servant, by

a stranger? That is not human nature, gentlemen. Then there is another

question: If he were going to have a book copied and then swear that the

copy was the original, he would have copied it himself. If a man intends

to swear to a lie the first thing he does is not to take somebody into

the secret. Why should he have put himself in the power of Donnelly? He

was the man to be the witness before the committee, and if his device

worked he intended to swear before the committee that the copies were

the originals; and yet, by going to Donnelly to have the work done, he

manufactured a witness that would always stand ready to prove that he,

Rerdell, had sworn to a falsehood. What men work in that way? When a man

makes up his mind to swear to a lie does he take pains to go to one of

his neighbors and say, "I am going to swear to a lie to-morrow and I

want to give you the evidence of it. I am going to swear that a copy

is an original. I want you to make the copy so that I can swear to it."

Would not the neighbor then say, "I will be a witness against you in

that case. You had better copy it yourself." Just see what he did. He

took pains to have a witness so that if he swore falsely he could be

contradicted and convicted. Why did he not copy the books himself? After

he got the originals copied why did he not burn up the originals so that

nobody could ever find them in his possession?

Let us take another step. Finally, he got before the committee. When he

got before the committee what did he swear? He swore that he kept some

expense-books showing how he stood with the contractors. I think that

was the truth. I think that is what he did keep. He did not tell the

committee about the route-book. Not a word. That was the only book that

he concealed in his testimony. He said he kept some expense-books and

those were all that he kept. He did not tell about the route-book. That

is the only book that he failed to mention. Consequently, it seems to

me, that was the only book he did not want to show. Why? Because he

thought at that time they were going to make a great outcry about

what was paid to the subcontractor and to the contractor and he had no

advices from anybody, except from whom? Except from Mr. Bosler. What did

Bosler tell him? Bosler told him, "I see no reason why you should not

exhibit your books and papers." Now, according to Rerdell's testimony,

on the 13th of May the year before, Dorsey had written a letter to

Bosler informing him that he had given twenty thousand dollars to T. J.

B. Bosler knew, if the testimony of Rerdell is true, that that letter

had been written, and Bosler had that information. He knew if the letter

had been copied, too, because every letter that one receives gives

evidence whether it has been copied or not. And yet, knowing of that

letter, he wrote to Rerdell or telegraphed him that he saw no reason

why he should not show all his books and papers. Nobody believes that.

Nobody ever will believe it! The earth may revolve in its orbit for

millions of years, and generations may come and go, countless as the

leaves of all the forests, and there never will be found a man of

average intelligence to believe that story. Just think of it. Bosler,

according to the testimony of Rerdell, had gone into partnership with

Dorsey knowing there was a conspiracy, knowing Dorsey was paying

to Brady thirty-three and one-third per cent, of the profits, and

thereupon the clerk who attended to the business writes or telegraphs to

him, and says he has been subpoenaed to appear before the Congressional

committee with the books and papers, and Mr. Bosler knowing of

the existence of the conspiracy, and knowing that Brady is getting

thirty-three and one-third per cent, writes or telegraphs back that he

sees no reason why all the books and papers should not be presented to

the committee. Gentlemen, that is impossible; it never happened and it

never will.

Ah, but they say these books did exist. Why? Because Mr. Donnelly copied

them. Let us see whether he did or not. There is nothing like examining

these questions. Mr. Rerdell says that in his interview with Brady,

Brady suggested to him that he had better have them copied. This, I

believe, was on the 21st of May, 1880. Now he swears that in accordance

with that view or suggestion that he received from Brady he had the

books copied by Donnelly. When did he have it done? He had it done after

the 21st day of May, 1880. On page 2638 Donnelly swears that he copied

these books in the latter part of April or the forepart of May. On page

2636, where he was asked if he had anything to do with copying a book of

accounts for Rerdell, he says that he had; and on being asked what kind

of books they were, says they were a small set of books. Donnelly swears

that they related to the mail business, and seemed to be the books of

a firm. At that time nobody was interested in the matter except S. W.

Dorsey. How did they appear to be the books of a firm? Donnelly swears,

on page 2640, "there were not more than a dozen accounts in the book."

Let us see if these were the mail books. He says there was an account

against S. W. Dorsey; that is one. An account against John W. Dorsey;

that is two. Against Donnelly himself; that is three. M. C. Rerdell;

that is four. Interest account; five. A mail account; six. An expense

account; seven. A profit and loss account, eight; and an account with

William Smith, nine. That is all he gives. But he says they were not

to exceed a dozen. On page 2644 Gibbs says there was an account against

Colonel Steele and Mrs. Steele. I take it they would be in one account.

That makes ten. Then there was an account against Jennings, making

eleven; and an account against Perkins, making twelve. Let us see if we

can go a little further. Mr. Rerdell swears to a cash account; that is

thirteen. Also an account against J. H. Mitchell; that is fourteen; and

one against Belford, making fifteen. You can deduct your Jones and your

Smith and have one more account in the book then than Donnelly swears

was in it. He swears they were not to exceed a dozen. That was the book

with all this mail business. We will follow it up a little. Rerdell says

he opened the books according to the memorandum, and swears consequently

that there was a cash account and an account with J. H. Mitchell. J. B.

Belford, I believe, he afterwards mentioned. Now, according to Gibb's

testimony there was an account with Perkins. Understand I say that the

only book he had, if he had any, was a private book in which he kept

his own expense accounts and his own matters, and it was not a book with

which Stephen W. Dorsey had any connection. I say that the William

Smith and Samuel Jones account he has added for the purpose of having

something to sell to the Government. That is my claim. I say they were

his private books. There was an account with Perkins. You have heard all

the testimony, gentlemen. You know all the contracts in this case. You

know all the subcontracts. There is not a single solitary account in

this book with any subcontractor mentioned in any of these subcontracts

except Perkins and possibly Jennings. Who was Perkins? Perkins was a

subcontractor on the route from Rawlins to White River. That is the

route that Rerdell had an interest in himself.

Rerdell made the subcontract with Perkins himself, and consequently he

had an account with Perkins in his own private book, and had not any

account with the rest of the subcontractors. We also find, according to

Gibbs, that there was an account against Jennings. Who was Jennings?

That brings us to the Jennings's claim. That is the claim that he told

Mr. Woodward about, when he wanted to sell out in the first place, and

that is the claim that he told Mac-Veagh and the Postmaster-General

about. Strangely enough and wonderfully enough we find that claim in

this very book. That shows whether this was a private book or whether it

was a book kept for the accounts of Dorsey.

Now, by looking at the Post-Office reports I find that nine hundred and

ninety-four dollars was paid to Rerdell for Jennings on the 14th day of

April, 1880, and the question I ask is did he keep two sets of books

at that time? He produced in court a book of his own, kept at that

time with the Jennings account in it. The book that was copied had the

Perkins account, and why? Because it was a special account in which

Rerdell was interested. They have failed to prove that there was in

that other book any account in which Dorsey was necessarily interested,

except the account kept with Rerdell showing Rerdell's transactions with

Dorsey.

We now come to the testimony of Mr. Gibbs. Mr. Gibbs says his wife

copied a journal between Christmas, 1879, and the 1st of March, 1880.

Rerdell says that she copied the journal and ledger both. The witness,

Gibbs, gives the color of the book. He says it was not red; it was

either brown or black. Mr. Gibbs remembers nothing about the Smith

account, whether it was large or whether it was small. He finally swears

that he does not really recollect anything about it, except that Rerdell

brought the book there and said he wanted to get a copy made to send

to Dorsey in New York, and that he returned the book and the copy to

Rerdell. He swears that he remembers as names in this book Smith, Jones,

and S. W. Dorsey, and M. C. Rerdell. Those were all he could think of.

He does not remember the name of John H. Mitchell. On page 2646, he says

he believes that Rerdell came to him and asked him during the trial

if he recollected the name of William Smith, and he swears that when

Rerdell asked him if he recollected the name of William Smith, he

distinctly told him that he did not. Then he asked him if he recollected

the name of Jones, and he swears that he told Rerdell when he asked him

that question that he did not. I read from page 2646:

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