Now, gentlemen, he comes on the stand and swears that he made this
affidavit, not being overpersuaded by Bosler, but because Dorsey with
tears and groans besought him to make it. Yet on the 5th of July, 1882,
he says he made it because he was overpersuaded by Bosler, and he says,
too, "Had I remained with the Government my reputation would have
been clear, and I have every reason to believe I would have had a good
position." He says, "I have another opportunity to be entirely relieved
from the indictment." These gentlemen say he never was promised
immunity. That simply shows you cannot believe Mr. Rerdell when he is
not under oath, and what he has sworn to here shows you cannot believe
him when he is under oath.
Now I come to the affidavit. I will not spend a great deal of time upon
it. Mr. Rerdell, with extreme ease, without the slightest hesitation,
went through that entire affidavit, picking out with all the facility
imaginable, every paragraph written by Dorsey and every paragraph
written by himself. I was astonished at his exhibition of memory. I
finally asked to look at the copy of the paper he had, and when I got
that in my hand I found that every word that he swore was written by
Dorsey had been underscored with a blue pencil. That accounted for the
facility with which he testified. I found afterwards that that paper had
been given him by Mr. Woodward and that he had gone through and marked
such portions as Mr. Dorsey wrote, according to his testimony, or had
marked those that he wrote, leaving the others unmarked, so that at a
glance he could tell which way to swear. Before I get through with the
papers in this case there is another thing to which I want to call
your attention. All the papers as to which witnesses were called on the
subject of handwriting are marked. I will show you that every one has a
little secret mark upon it, so that the man who swore might know which
way to swear simply by looking at the signature and at no other part.
There has been a great deal of preparation in this case.
Now, Rerdell swears as to the parts of the affidavit that Dorsey wrote
and the parts that he wrote. His object in swearing was to entirely
relieve Messrs. James and MacVeagh from having made any bargain with
him to steal Mr. Dorsey's books, and to entirely relieve them from any
suspicion, as well as to relieve every other official of the Government
from any suspicion of having promised him any pay in any shape or manner
for the making of this affidavit. He swears in the first place, that
Dorsey wrote this:
My story captured them completely, and I took occasion to refer to the
steamboat route and the Jennings' claim. Mr. James remarked that he knew
all about the Jennings' matter, that Jennings had been badly treated,
and he ought to get the money, and should; that he would investigate
the steamboat route and see if anything could be done; that that was
the worst part, and his special agents had reported it; nevertheless he
would see if something could not be done.
On page 2506, in his cross-examination, Mr. Rerdell swears that the
words--Mr. James remarked--were not written by Dorsey, but were written
by himself. On the same page he swears that the words--That Jennings had
been badly treated--were not written by Mr. Dorsey, but were written by
himself.
On his examination-in-chief he swore that these words were written by
Dorsey.
On his examination-in-chief he swore that Dorsey wrote this:
And to further deceive them and learn their plans, carried the
letter-book containing--And then he wrote--the much-talked of Oregon
correspondence.
Afterward, when cross-examined, he swears, I think upon the same page,
2506, that he himself wrote the words:
Carried the letter-book containing.
That Dorsey did not write them. He also swears in his
examination-in-chief that Dorsey wrote these words:
Making only one mistake, or rather slip, by which Mr. MacVeagh could, as
a good lawyer, have detected me, and that was by stating that I had kept
a set of books.
On his examination-in-chief he swears that Mr. Dorsey wrote those words.
On cross-examination he admits that Dorsey did not write them and that
he wrote them.
On his examination-in-chief he swears that he wrote this himself:
He said, "Well, Mr. Rerdell, I am in a position where I cannot make
promises, but if you will place yourself in full accord with the
Government, you shall not lose by it, and I would advise you not to
receive any salary from Dorsey this month. It will be all right."
On cross-examination he takes it back, and swears, on page 2503, that
Dorsey wrote the words:
It will be all right.
He was afraid those words might be given too wide a significance and
might in some way touch the Attorney-General, and consequently he swore
that he swore wrong when he swore that he wrote them, and that as a
matter of fact Dorsey wrote them. Then, on his examination-in-chief with
the marked paper before him, and having plenty of time to manufacture
his testimony, he swore that he wrote the words:
He asked me--In his own handwriting, and that Dorsey wrote these
words--when I was going to New York to get those books. I replied,
"On Sunday night." He said, "Don't put it off too long, as they are
all-important."
On his examination-in-chief he swore that Dorsey wrote those words, and
on cross-examination he admitted that he wrote every one of those words
himself. When he was cross-examined he had not the paper before him.
His memory was not refreshed by the blue pencil mark. So on his
examination-in-chief he swore that he wrote these words:
As I was about leaving he--Meaning the Attorney-General--said, "Mr.
Rerdell, you have put yourself in full accord with us, and I have
this to say, you shall be well taken care of and your matters shall be
attended to."
On cross-examination, on page 2500, he swears that Dorsey wrote the
words:
Your matters shall be attended to.
But he still admitted that he, Rerdell, wrote the words and put them in
the mouth of the Attorney-General:
You shall be well taken care of.
He says in his letter of July 5, 1882:
If I had remained with the Government I have every reason to believe I
would have a good position.
What next? Mr. Rerdell, in his examination-in-chief, swears that he
himself wrote these words:
The next evening I called on Mr. Woodward to see if he had anything more
to say, and he told me a place had been found for my father-in-law, and
to give the application to Senator Clayton; to make the application
for the Interior Department, as it was best not to put him into the
Post-Office Department for fear of criticism; that the appointment
should be made at once. It was all arranged. The next day I saw Clayton,
who said the same thing.
On cross-examination, at page 2505, he swears that Dorsey wrote a part
of this; that Dorsey wrote the following words:
As it was best not to put him into the Post-Office Department for fear
of criticism.
When he testified on direct examination he had this marked paper before
him; in the absence of the paper, on the cross-examination, he takes his
solemn oath that he did not write it, but that Senator Dorsey did. What
confidence can you put in that kind of testimony? I would like to have
you, gentlemen, some time, or I would like to have anybody who has the
slightest interest in the thing, read this affidavit and see whether
it is the work of two or the work of one. You let two men write, one
writing one paragraph and the other another paragraph, and then you read
it; there is no man in the world accustomed to read books that cannot
instantly detect the difference in style, the different mode of
expression, the different use of language. Nobody can see any difference
in the writing; nobody can see the slightest difference in the mode of
expression; the sharpest verbal mechanic that ever lived cannot see a
joint between these paragraphs. They emanated from the same brain; they
were written by the same hand; and if any man, who has ever read one
book clear through, will read that, he will see that one person wrote
it all. But Mr. Bliss tells you that here is a passage that shows the
handiwork of S. W. Dorsey, because Dorsey was a politician:
He also said that you, Mr. President, had told Mr. Dorsey you could not
interfere in this investigation and prosecution; that if you did,
the public would say that the President and a Secretary, who shall
be nameless, but whose name I could guess, had taken the money of the
star-route ring while they were in Congress, or the Postmaster-General
and Attorney-General had taken it since, and therefore he (Dorsey) must
look to the courts for vindication.
That is the passage upon which Mr. Bliss relies, among others, to show
that this was formed in the brain of S. W. Dorsey; and yet Rerdell
swears that that passage he wrote himself. It will not do, gentlemen.
Now, in order that you may know just about how much force to give to
that, let me read you a little from page 2379; and I read this for the
purpose of letting you know the ideas that this man Rerdell entertains
of right and wrong.
I want you to get at the moral nature of this man; I want you to
thoroughly understand him. When you examine these affidavits, when you
think of his testimony, I want you to know exactly the kind of nature
he has, and I want you to remember that he came here upon this stand
and swore in this case that he did not consider that it was wrong to
interline petitions; that he did not think it was wrong to fill up
affidavits; and that is the reason he made the affidavit of July 13,
1882. Although he then knew that these things had been done, still he
did not regard them as wrong. You see it is worth something to get at a
man, to get at his philosophy of right and wrong; it is worth something
to know how he thinks; why he acts; and when you have found that out
about a man, then you know whether to believe him or not.
I believe the jury did look at this paper and saw all the parts that had
been marked by blue pencil, and those parts, I believe, he said Dorsey
wrote. That is the paper he had before him at the time he testified in
chief. But when he came to be cross-examined, not having the paper then
before his eyes, he swore in very many important things exactly
the other way. We were all astonished at the facility with which he
remembered, he pretending to know what parts he wrote and what parts
Mr. Dorsey wrote. I want you to understand this man, and before I get
through with him, you will. I want you to know him.
Now we come to an exceedingly important thing in this case, in the eyes
of the prosecution. It is the principal pillar supporting the testimony
of Mr. Rerdell. Without that pillar absolutely nothing is left,
everything falls into perjured ruin.
The first question that arises with regard to the pencil memorandum (31
X) is who wrote it, and in order to ascertain who wrote it we must
take into consideration all the facts and circumstances that have been
established in this case. It is already in evidence, as you remember it,
that Rerdell kept a route-book. You will also remember that Mr. Dorsey
had books of his own; that he had a bookkeeper of his own, Mr. Kellogg;
that Mr. Kellogg swears that he kept those books and that nobody else
ever made a scratch of the pen in them; that he kept them up till the
fall of 1879; they were then sent to New York; that Mr. Torrey took
possession of those books on the 27th of January, 1880, and kept them
continuously to the last of April, 1882, and that nobody else ever put a
mark in them. That is the evidence. The evidence also is that there was
in those books a complete mail account. The evidence is also that in
those books kept by Mr. Kellogg were the charges and credits growing out
of the purchase of John W. Dorsey's interest and Peck's interest in the
mail routes.
Mr. Merrick. Pardon me; point me to that evidence.
Mr. Ingersoll. I will refer to it hereafter. I do not wonder, gentlemen,
that they dislike this pencil memorandum.
Mr. Merrick. No, sir; I only want to keep you within correct limits.
Mr. Ingersoll. I understand that. I do not blame anybody for disliking
that pencil memorandum.
Mr. Merrick. You can convict Rerdell as much as you like.
Mr. Ingersoll. When you come to show that he is guilty his countenance
will light up with the transfiguration of joy. There will be no more
delighted auditor than Mr. Rerdell when his crimes are painted blackest.
It shows you the moral nature of the man.
Now, as I say, the evidence is that there was a route-book kept; that
that route book contained all the information that Mr. Dorsey or any one
else would want about the routes themselves; consequently, that there
was no propriety in keeping any other set of books. Mr. Rerdell could
keep books for himself, but not for S. W. Dorsey. Dorsey had a set
of books, and had another book-keeper. Why should he have another set
opened by Rerdell? Rerdell kept a route-book that gave him all the
information that he could possibly desire.
Mr. Wilson. Rerdell did not handle the money.
Mr. Ingersoll. Of course not; there was no money at that time to handle;
they had not got as far as the handle.
Now, there is another little point: Why should Dorsey voluntarily put
himself in the power of Rerdell by saying, "I have paid money to Brady"?
What was the necessity of it? What was the sense of it? Rerdell was his
clerk. Why should he take pains to put himself, the employer, absolutely
in the power of his clerk? Why should he take pains to make himself the
slave of the man he was hiring by the month? Why did he wish not only to
make Mr. Rerdell acquainted with his crime, but to put in the hands of
Rerdell evidence written by himself? See, gentlemen, you have got to
look at everything from a natural standpoint. Of what use was it to Mr.
Dorsey to keep that account? Dorsey at that time had no partner. Dorsey
at that time did not have to respond to anybody. Of what use was it to
him to put down in a book, "I paid Brady eighteen thousand dollars"? Was
he afraid Brady would forget it? Was he afraid he would forget it?
Did he want his clerk to help him keep the secret, knowing that if the
secret got wings it would render him infamous? Let us have some sense.
The Government introduced it. They also introduced a witness to prove
that it was in Dorsey's writing. Rerdell swore that it was. Their next
witness, Boone, thought part of it might be and part might not be; it
did not look right to him; he rather intimated that Mr. Rerdell wrote
part of it. And right there the Government dropped. No expert was
brought. There were plenty of experts right over here at the Bureau of
Engraving and Printing, plenty of experts in Philadelphia and New York,
plenty of judges of handwriting. Right up here in Congress were twenty
or thirty Senators who sat for six years in the Senate with Stephen W.
Dorsey, served on the same committees with him and had seen him write
every day; clerks of those committees who had copied page after page of
his writing. Not one of them was called. The Government, with its almost
infinite power, with everything at its command, brought no expert.
That was the most important piece of paper in their case. And yet they
allowed their own witness to discredit it; their own witness swore, in
fact, that Rerdell had manufactured the incriminating part of it. And
yet they sent for no expert to swear to this writing. Don't you believe
that they talked with somebody? Has not each one of you in his mind a
reason why they did not bring the ones that they talked with? They left
it right there without another word. Now, why? Simply because they could
get no man to swear, except Rerdell, that this is in the handwriting of
S. W. Dorsey. That is the reason.
You know that Rerdell "kept this as a voucher." What for? Was any money
paid out on it? No. Was it a receipt for any money? No. But he "kept it
as a voucher." You see he was in a difficulty. How did he come to keep
it all this time? It would hardly do for him to say that he did not try
to keep it, that it had just been in the waste-basket of forgetfulness,
and had suddenly come to life by a conspiracy of chance and awkwardness.
It would not do for him to say that he made it. So that he had to say
that he kept it, and then he had to give a reason for keeping it.
What was the reason? He said he "kept it for a voucher." I suppose you
[addressing Mr. Greene., a juror] have kept books. Is that what you
would call a voucher? Yet that is the reason the poor man had to give.
I pitied the man when he got to the point. I am of such a nature that I
cannot entirely, absolutely, and perfectly hate anybody, and when I
see the worst man in trouble I do not enjoy it much; at least I am soon
satisfied, and would like to see him out of it. Here he was swearing
that he had this for a voucher.
Now, there are some little things about this to which I will call your
attention. Here is the name of J. H. Mitchell. An account was opened
with Mitchell, but he does not tell him to charge Mitchell with
anything; there is nothing opposite Mitchell's name. How would he open
an account with Mitchell without anything to be charged against him or
to be credited? He put in the index of the book, "J. H. Mitchell, page
21." You turn over to page 21, and you find Mitchell debtor to nothing,
creditor the same--silence. Not a cent opposite the name on either side.
Mitchell was not an employee. Mitchell was not a fellow that they were
to have an account with by the day. Then John Smith is rubbed out and
Samuel Jones written under it. Rerdell says he wrote Samuel Jones. I
say he did not. I want you to look at it after awhile and see whether he
wrote it or not.
Now, gentlemen, it so happened that when this pencil memorandum was
introduced it struck me that the M. C. R. looked a great deal like
Rerdell's handwriting, and you will remember that I suggested it
instantly, and said to the jury, "Look at the M. C. R." Now, gentlemen
of the jury, I want you to look at that M. C. R.; I want you to see how
the first line of the M. is brought around to the middle of the letter,
and then I want you to see exactly how the C. and the R. are made. Take
it, Mr. Foreman, and look at it carefully. And, in connection with
that pencil memorandum (31 X), I will ask the jury also to look at this
settlement with John W. Dorsey, made in 1879 (87 X), and compare the
initials M. C. R. where they occur on both papers. M. C. R. occurs
twice, I believe, on this (87 X.) Now look at the formation of the M. C.
R. on both papers, Mr. Lowery, and do a good job of looking, too.
Now, gentlemen, this is one of the most valuable pieces of paper I have
ever had in this case, and it is as good luck as ever happened. I want
you to look at the J. W. D. on that paper, and then compare it with the
J. W. D. on this paper; you cannot spend your time better.
I did not suppose I would ever find one paper that would have everything
on it. But, as if there had been a conspiracy as to this paper, there is
an S. W. D. on this paper which is substantially the same as the S. W.
D. on the other. The M. C. R., the S. W. D., and the J. W. D. on both
these papers are all substantially the same, and I think when the jury
have looked at it they will say they were written by the same hand.
Now, gentlemen, there was the testimony of Mr. Boone that he thinks
the upper portion of this pencil memorandum (31 X) was written by S. W.
Dorsey; that it looks like his handwriting down to and including "profit
and loss," I believe; I may be mistaken; it may be down to "cash;" and
then after "profit and loss" come the names of J. H. Mitchell and J. W.
D., exactly the same J. W. D. that appears on 87 X.
Now, what paper is that 87 X? That is an account of John W. Dorsey
against S. W. Dorsey in 1879. He had been out West to take care of some
of the routes, and when he came back he settled, and Mr. Rerdell wrote
up the account. That is 87 X, and I proved that it was made in 1879. I
believe the prosecution thought at first that it was 1878.
That paper shows that it was manufactured by the one who wrote this
paper, and by nobody else.
Now, as I said before, there is no account against J. H. Mitchell.
Opposite William Smith there are the figures eighteen thousand. And
Rerdell says that he wrote Samuel Jones himself at the suggestion of
Mr. Dorsey. Again I ask you, gentlemen, why would Mr. Dorsey give such
a paper to Rerdell? Why would he give him this false name? Why would
he put himself in his power? It is very natural that he should give the
amounts ten thousand five hundred dollars, ten thousand dollars for John
W. Dorsey and ten thousand dollars for Peck, because the evidence shows
that those transactions actually occurred. The evidence shows, not only
in one place but in many, that the ten thousand dollars was paid to John
W. Dorsey, the ten thousand dollars was paid to Peck, and that the ten
thousand five hundred dollars was advanced at that time by S. W. Dorsey.
Consequently that is natural; it is proper. But my opinion is that he
never wrote one word, one line of the pencil memorandum. It was all
made, every mark upon it, by Mr. Rerdell. He is the man that made it.
Did he have it when he went to MacVeagh? No. Did he have it when he went
to the Postmaster-General? No. Did he have it when he went to Woodward?
No. Did he have it when he made his affidavit in July, 1882? No; or he
would not have made it. Did he have it when he went to Mr. Woodward in
September? No; or else Mr. Woodward would have taken the stand and sworn
to it. Did he have it when he made his affidavit in November? I say no.
Who made it? Rerdell manufactured it for this purpose: That he might
have something to dispose of to this Government; that he might have
something to swap for immunity. He "kept it as a voucher."
Why did not these gentlemen bring Senator Mitchell to show that he
had some account with Senator Dorsey in May, 1879? Why did not the
Government bring Mr. Mitchell? They knew that their witness had to be
corroborated. They knew that the law distinctly says that such a witness
cannot be believed unless he is corroborated. They also know that the
law is that unless such a witness is wholly corroborated he cannot be
believed; that you are not allowed to pick the raisins of truth out of
the pudding of his perjury. You must believe him all or not at all. He
must be received entire by the jury, or with the foot of indignation he
must be kicked from the threshold of belief. They know it. Why did they
not bring Senator Mitchell to show that he had some account with S. W.
Dorsey in 1879? But we heard not a word from them.
What more? Rerdell says that was either in April, before he went
West, or in May, after his return; and at that time, according to his
testimony--that is, according to this memorandum--eighteen thousand
dollars had been paid to Mr. Brady for expedition. And then following,
in the month of June, before the quarter ended, eighteen thousand
dollars more. That makes thirty-six thousand dollars paid to Brady. What
else? Ten thousand dollars to John W. Dorsey; forty-six thousand dollars
that makes. Ten thousand dollars paid to Peck; fifty-six thousand
dollars that makes. He had also advanced himself ten thousand five
hundred dollars; that makes sixty-six thousand five hundred dollars
advanced, and not a dollar yet received from the Government. And that
by a man who gave away seventy per cent, of a magnificent conspiracy
because he had not the money to go on. All you have to do is to think
about this. Just think of the situation of the parties at the time. I
tell you I am going to stick to this subject until you understand it.
Mr. Gibbs swears that the name of Mitchell was not in the books when he
saw them, and yet those books were opened from this memorandum. Gibbs
is the man who has such a control over his mind that he can "try not to
remember." When I was a boy I used to hear a story of a man going around
saying that nobody could control his mind for a minute; that nobody
could think of one thing for a minute without thinking of something
else. But there was one fellow who said, "I can; I can think of a thing
a minute and not think of anything else." He was told, "If you do it, I
will give you my horse, and he is the best riding-horse in the country;
if you can say the first verse of 'Mary had a little lamb,' and not
think of anything else, I will give you my horse, and he is the best
riding-horse in the country." The fellow says, "How will you tell?" "Oh,
I will take your word for it." So the fellow shut up his eyes and said:
Mary had a little lamb,
Its fleece was white as snow,
And everywhere that--
"I suppose you will throw in the saddle and bridle?"
Mr. Gibbs is the man who had such control of his mind, and he tells you
that the name of J. H. Mitchell was not in the book.
Mr. Donnelly says he does not remember any such name as J. H. Mitchell,
and yet he holds an office. He has the poorest memory for any one under
the present Administration, I ever saw. He does not remember the name of
J. H. Mitchell. Who does remember it? Mr. Rerdell. But Mr. Rerdell does
not say what he had charged to J. H. Mitchell; he does not say what was
in the book as against J. H. Mitchell; he fights clear of that charge.
And why? He was afraid that John H. Mitchell might testify. According,
I think, to Mr. Rerdell, there was a charge against Belford on
those books. I do not know why Belford's name did not appear on the
memorandum, but I will come to Belford afterwards.
Mr. Bliss. Mr. Ingersoll, Mr. Donnelly does not mention in any way and
is not asked on the subject of Mr. Mitchell.
Mr. Ingersoll. I think he is. I will find it after awhile if I can, and
if I cannot I will admit that you are right. I do not know where it is.
I do not wish to be interrupted.
Mr. Bliss. I claim the right.
Mr. Ingersoll. Well, go on; the poor man only had seven days in which to
make his speech.
Mr. Bliss. I have before me Mr. Donnelly's evidence, and he does not
mention the name of Mitchell in any manner, and is not asked about it,
so far as I can see. I think when the statement is persisted in there
should be some reference given to the page.
Mr. Ingersoll. It is on page 2637.
Mr. Davidge. And at page 2639, about two inches from the top.
Mr. Ingersoll.--It is sufficient for my purpose, which is this: That he
gave the names of all the accounts he could remember, and in that list
of names he did not give the name of J. H. Mitchell. So I think I can
fairly say to you that that man did not remember any account against J.
H. Mitchell. Mr. Gibbs was asked directly whether there was any account
against J. H. Mitchell, and he did not remember any such. Now, the only
person that swears to it at all is Mr. Rerdell. Then you come across
this contradiction: Why should the name of J. H. Mitchell be there with
nothing opposite to it? I do not know. The prosecution, of course, will
be able to find writing of S. W. Dorsey that will resemble some of the
writing on this pencil memorandum. There is no doubt about that. If
it was written by Rerdell in imitation of Dorsey's writing, it is not
surprising that writing really written by Dorsey can be found that looks
like it. Why? Because it was written in imitation of his writing, and
therefore you can find writing of Dorsey's that looks like it; otherwise
it would not be an imitation. The next question arises, Can you find
writing of Rerdell's that looks like it? Yes; 87 X. The M. C. R., the
S. W. D., and the J. W. D. are all exactly like it. Now, is it not
infinitely surprising that Dorsey should imitate Rerdell without
trying and without an object? Is it not perfectly wonderful that this
memorandum should be in imitation of Rerdell's writing, when it was
written by Dorsey? But if it was forged by Rerdell, it is not wonderful
that it looks like Dorsey's writing. If Dorsey wrote it without thinking
of Rerdell, I say the accident is infinitely wonderful that he imitated
Rerdell. Which is the more probable--that Dorsey imitated Rerdell
without design and without trying, or that Rerdell imitated Dorsey
with a design, and when trying to do so? That is the way to put this
argument, and I hope the gentlemen will answer it. The ingenuity that
would be displayed in the answer would a thousand times pay me for the
loss of the point. I want them to account for this, how Dorsey's natural
handwriting comes to look like Rerdell's, and how it is that this looks
precisely like Rerdell's in many instances. Why is it, gentlemen? I will
tell you. Mr. Rerdell had written the initials J. W. D., S. W. D., and
M. C. R. so often that when he came to put them upon this memorandum he
forgot to disguise his hand. That is the reason. You find on 87 X the J.
W. D. precisely as it is on the pencil memorandum. You find the M. C.
R. precisely as it is on the pencil memorandum. You see if you have done
the same thing many times with your hand, the hand gets a mind of its
own. It is in that way that you learn to play upon the piano. The hand
becomes educated and follows the keys through all the mazes of melody
without asking one question of the mind. You can write a name so often,
you can make initials so often, that when you come to write them, no
matter what your object is, the hand, educated with a mind of its own,
pursues the old accustomed motions and paths. That is the reason that
J. W. D. and S. W. D. and M. C. R. are exactly in the handwriting of
Rerdell in this pencil memorandum. According to that, Dorsey had paid
out in all, I think, about $65,000, or something like that There is no
truth in it, gentlemen.
Now, in order to prepare your mind for the next point I am going to
make, and in order that you may know something about this man Rerdell, I
will give you some further information about him. I do not think you are
sufficiently acquainted with his character, and any little points that
I have I want to give to you. I want to paint his portrait in every
lineament, every mark. I want to give you every hair in his head.
Remember that this witness is to be corroborated. He is to be propped
and indorsed. Everybody admits that he is the pewter of perjury and
has to be plated with the silver of respectability gotten from somebody
else. They all admit that. He is an empty bag. Somebody has to fill him
up before he can stand upright. They admit that. I want to call your
attention to a few things as to which he lacked corroboration.
On page 2215, Rerdell swears that Miner told him that the amounts in the
bids were filled in by S. W. Dorsey. On page 4177 Miner denies this, and
says that he filled in the bids with only two exceptions.
On page 2216 Rerdell swears that the mail matter for J. W. Dorsey, Peck,
and Miner was handed him by S. W. Dorsey, and that Dorsey said that
he was going to take the business out of Boone's hands. On page 3766,
Dorsey swears that he had no such conversation with Rerdell.
On page 2217, Rerdell swears that S. W. Dorsey applied to him to go
West. On page 3768 Dorsey swears that he did not employ him to go West.
On page 2218, Rerdell swears that he received instructions from S.
W. Dorsey as to what to do on the Bismarck route. On page 3769, S. W.
Dorsey swears that that is utterly untrue.
On page 2219, Rerdell says that he was instructed to establish a
_paper post-office_ sixty miles north of the route. What was that for?
According to his testimony there was a mistake in the advertisement, and
the route was too long, and this was a device to shorten it by adding
sixty miles to it to make a post-office thirty miles off the route, or
sixty altogether, so as to get pay for the increase of distance. If it
was to be a fraud, why put the post-office off the route? Why not have
it on the route? Where would the fraud be if they traveled the sixty
miles except in having a postoffice where none was needed? They
certainly would make nothing from the Government by traveling the sixty
miles. If they traveled the sixty miles they would be paid for that
sixty miles, but if they wanted pay for the sixty miles without
traveling that sixty miles, they would not have put the post-office so
far off the route. They would have put it on the route, or very near to
it, and pretended that it was off the route.
Gentlemen, it is infinitely absurd to suppose that Stephen W. Dorsey
would have instructed that man to go out in that country and get up a
false post-office. How long would a fraud like that last and live? How
long could the money be drawn for that service in that country? They say
no human being lived there. Who was to be postmaster? Who was to
make the reports? How long, in your judgment, would it be before
the department would find out that there was no such post-office, no
postmaster, and no mail? No one could think of a more shallow device
than that Stephen W. Dorsey, a man who is blest with as much brain as
any man it is my pleasure to know, would never dream of such an idiotic
device. And yet, that is the testimony of Mr. Rerdell.
It may be that Mr. Rerdell when he got out there thought he could start
a town and make money in some other way. But it will not do to say that
Stephen W. Dorsey told him to get up a false and fraudulent post-office
when Mr. Dorsey must have known that the mail could not have been
carried to it but a few days before it would have become known that
there was no such office. They would have to appoint a postmaster and
he would have to live there in his loneliness a hermit of the plain, and
would have to make a report like that from Agate that gave such delight
to Mr. Bliss to read. There was not a letter sent to that place; not
one, nor would there be. Mr. Dorsey knew if there was a postmaster
appointed he would have to report, and in three months from that time he
would have to report, first, that there was no post-office; second, that
there had never been any mail; and third, that he did not expect any.
You see it is utterly absurd to lay such a charge at the door of Stephen
W. Dorsey.
On page 3769 Dorsey swears that the statement is a falsehood--that he
never did any such thing. He also denies it on page 3924.
On page 2220 Rerdell swears that he gave Pennell a petition for a
post-office. On page 2156 Joseph Pennell swears that he never saw the
petition; and on page 2171 that he never signed it, and that none was
sent.
On page 2221 Rerdell swears that he was instructed by S. W. Dorsey
to build stations fifteen or sixteen miles apart, and use every third
station. On page 3769 S. W. Dorsey swears that no such instructions were
given. On page 4092 J. W. Dorsey swears that they started to build the
stations about thirty miles apart, and that after he saw General Miles
and was told by that officer that there would be, and must be a daily
mail, then he concluded to build stations between the stations that he
had built going over.
That is a sensible, straight story. When he went out they built the
stations some thirty-odd miles apart, and when he talked with General
Miles, General Miles told him that there must be a daily service, and
then he determined to build intermediate stations as he went back.
What was that testimony sworn to by Rerdell for? To make you believe,
gentlemen, that Stephen W. Dorsey when he sent Rerdell out knew that
there was to be expedition, and knew it because he was in conspiracy
with the Second Assistant Postmaster-General. The testimony of John W.
Dorsey lets the light in upon that story. The sun rises, and the mist
goes. What is his story? "I went there and built the stations about
thirty miles apart, and when I talked with General Miles he assured
me that there must be expedition and a daily mail, and then I built
stations at the intermediate points as we went back." That is the story.
It is consistent with itself.
Is it not wonderful that the Government did not also prove by Pennell
that Rerdell gave him instructions to build the ranches, and told him
that he had been so instructed by S. W. Dorsey?
On page 2233 Rerdell swears that Miner told him that Vaile was close to
Brady. On page 4177, Miner swears that it is not true; that he never
had any such conversation. Why did they want a man close to Brady? As I
explained to you before, gentlemen, they had already, according to their
testimony, as they claim, proved that Miner had conspired with Brady,
and yet he was going around trying to find a man close to Brady. Being
a co-conspirator was not close enough. So Mr. Rerdell is corroborated
there again by Mr. Miner who swears that what Rerdell swears is a lie.
On page 2224 Rerdell swears that in November, 1878, Miner asked him to
write certain words in a line on petition 40104. On page 4178, Miner
swears that he never asked him to interline any petition.
On page 2225 Rerdell swears he had a conversation with Vaile and
Miner on the 20th of December, 1878, at the National Hotel, about his
employment, and that he had a great many conversations there. On page
4020, Vaile swears that there never was any such conversation. On
page 4021, Vaile also swears that he has no recollection of such a
conversation then or at anytime. On page 4178, Miner swears that the
talk was between Rerdell and himself, and that Vaile was not there.
On page 2225 Rerdell swears that Vaile told him that the mail service
they had ought to reach six hundred thousand or seven hundred thousand
dollars. On page 4021, Vaile swears that he does not think he ever said
any such thing--does not think it was possible that he ever said any
such thing. On page 4179 Miner swears that Vaile never made any such
statement in his presence.
On page 2226 Rerdell swears that at the instance of Vaile and Miner he
went West, January 4, 1879, to put service on the Rawlins route. On 4022
Vaile swears that Rerdell did not go West at his instance; that Miner
gave him, Rerdell, a subcontract for the entire pay, for the whole term,
and that Rerdell undertook it on his own behalf. On 4179 Miner swears
that he made the arrangements with Rerdell himself.
On page 2227 Rerdell says that Vaile and Miner both told him that the
service would be increased right away, and to make subcontracts with
that in view. On page 4180 Miner swears that he gave him no such
directions, and that Rerdell did all he did on his own responsibility,
and that Vaile did not give him any such authority. It is for you to
say., gentlemen, which of these men you will believe.
On page 2228 Rerdell swears that in March, 1879, had a conversation with
Vaile about an affidavit, and received instructions from Vaile or Miner.
On page 4024 Vaile swears that he recollects no such conversation and
does not think he ever had it.
On page 2228 Rerdell swears that Vaile said in the presence of Miner
that he could get Brady to accept an affidavit from a subcontractor. On
page 4024 Vaile swears that he is very sure that he did not say so, and
that he never asked Brady any such question. On page 4182 Miner swears
that he never made any such statement in Vaile's presence.
On page 2228 Rerdell swears that a day or two after Vaile says he had
seen Brady, and that Brady had agreed to accept an affidavit from a
subcontractor. On page 4024 Vaile denies this.
On the same page, 2228, Rerdell swears that he was instructed by Vaile
and Miner to write to Perkins and get him to send his affidavit. On
page 4024 Vaile swears, "Never!"--that he did not know Perkins was a
subcontractor. On page 4182 Miner swears that he has no recollection of
it, and that he never instructed Rerdell to send any form of affidavit
to Mr. Perkins.
On page 2230 Rerdell swears that Miner wrote a form of affidavit. On
page 4182 Miner swears that he has no recollection of it, and that he
never instructed Rerdell to send any form to Perkins. As a matter of
fact the Perkins affidavit is in the handwriting of Rerdell. Yet he
tells you that Miner wrote the form. It will not do.
On page 2231 Rerdell swears that he filled in blanks under the direction
of S. W. Dorsey--that is, of the Perkins affidavit--and filed it under
the direction of S. W. Dorsey. On page 3793 Dorsey swears that he
never knew there was such an affidavit, and that he never gave such
instructions; and more than that, that he never at any time or place
gave Rerdell authority to change any affidavit or any petition that was
to be filed.
On page 2233 Rerdell swears he was instructed to make the subcontract
without any reference to expedition; and that he, Dorsey, would
guarantee the payments if they were not filed. On page 3771 S. IV.
Dorsey swears that he gave him no such instructions.
On page 2234 Rerdell swears that affidavits of Peck and Dorsey were
acknowledged in blank. On page 4189 Miner swears that so far as he
remembers they were filled in before they were signed.
Again, it may be proper for me to say here: Why did not the Government
call J. S. Taylor, the notary of New Mexico, to prove that the
affidavits were in blank when they were sworn to by John M. Peck? Why
did they not? The law presumes that every officer has done his duty,
and when we find at the foot of an affidavit the certificate of a notary
public the law presumes that the paper above it was in the precise
condition at the time the certificate was placed there in which it
is then. That is the presumption of law, and there is only one way to
overcome that presumption. You must prove to the contrary. One of the
easiest ways on earth to do that is to bring the officer. They did
not bring J. S. Taylor here from New Mexico, the man before whom Peck
acknowledged the affidavit in this case. It would have been easy to have
him come, and to have asked him whether Peck did not swear to all these
affidavits in blank. They did not call him. They had him here once and
that was enough. They did not call him this time. They did not call
Rufus Wainwright, of Middlebury, Vermont. He is the officer before
whom John W. Dorsey swore to these affidavits. The gentlemen of the
prosecution say the affidavits were in blank, and yet they dare not put
upon the stand the notary before whom they were sworn to. It was not
because they did not think of it. It was not because they had not
the money. The Government had money by the million and agents by the
thousand. You recollect how they tried to prove the destruction of those
dispatches in the Western Union office. You recollect how they brought
here the superintendent, how they brought here agent after agent, how
they brought here the man that went around and collected the dispatches,
and the man that drove the wagon, and the man that owned the wagon, and
the boys that received the dispatches on the street, and the man in the
cellar that received them after they got there, and the man that bought
them, and the book-keeper that made out the check to pay for them.
They brought the man that receipted for them at the railroad, and they
followed them from the railroad to Holyoke, Massachusetts, and brought
the superintendent of the factory and the books of the railroad to show
they had arrived. They followed those dispatches from paper to pulp
and yet it never occurred to them to send to Middlebury and get Rufus
Wainwright. They never thought to have J. S. Taylor subpoenaed from New
Mexico. They had all the conveniences of modern civilization at their
command and yet they never thought of getting Wainwright or Taylor.
On page 3771 S. W. Dorsey swears that he never instructed Rerdell to get
any affidavits in blank. On pages 4126, and 4107, J. W. Dorsey swears
that he made none in blank; that he has no recollection of any such
thing. On page 2240, Rerdell swears that he had a conversation with
S. W. Dorsey about getting blank affidavits. On page 3771 S. W. Dorsey
denies it. On page 2241 Rerdell swears that S. W. Dorsey instructed him
to make up the affidavit on route 41119 and gave him the per cent, of
the increase of pay. What does he say there? From one hundred and fifty
to two hundred per cent.
Mr. Merrick. That was afterwards corrected.
Mr. Ingersoll. I thank you for the suggestion. That happened on Friday.
We adjourned until the next Monday morning. He came in the next Monday
morning, and he said that he had made a mistake, and that it ought to
be from one hundred and fifty to two hundred and fifty per cent. I
immediately went and got the affidavits on the Toquerville route,
because I said the percentage must be over two hundred per cent, in that
affidavit or he would not have changed. I found in the affidavit that
it was two hundred and fifty-five per cent., and I found that was why he
changed. I followed that out, and I found that was the same route upon
which Mr. Rerdell stole nearly five thousand dollars, according to the
testimony of S. W. Dorsey, and Rerdell did not deny it. So much for
Toquerville and Adairville. We will come to it again perhaps.
Let me give the pages where all these matters are found. On page 3772
Dorsey denies the conversation about the affidavits, and also on page
3773. Rerdell's, change of his evidence will be found on page 2277.
On page 2243 Rerdell swears that while he was in jail S. W. Dorsey had a
key to what he called his, Rerdell's, office. On page 3735 S. W. Dorsey
swears that he never had a key to Rerdell's office, and that he never
was in the office but twice, both times with Rerdell, and that he never
took a paper out of the office except what Rerdell gave him. It
will also be remembered that when Rerdell was asked in his
examination-in-chief whether anybody had a key to his office he replied
that S. W. Dorsey had a key to his office. He did not at that time state
that his wife had a key. Why? Because he wanted it understood that S. W.
Dorsey was the only person that had a key, and that S. W. Dorsey, while
Rerdell was in jail, went to that office and opened it and robbed it.
On cross-examination I made him swear that his wife had a key, and we
afterwards found that his wife went there. He knew she had a key.
Still, in his cross-examination, when asked who had a key, he said S. W.
Dorsey. What was that for, gentlemen?
So that you would Infer that S. W. Dorsey was the only person who had a
key, and that he went there and robbed that office, as I said before.
On pages 2634 and 2635 Mrs. Cushman swears that she went to Rerdell's
office with Mrs. Rerdell. When? About six o'clock in the morning. And
that they found the office open? No. They found the office locked, but
found papers in a confused condition, and took away some papers. They
were there about fifteen minutes. Recollect this was the third morning
that Rerdell was in jail. Rerdell went to jail Monday evening. That made
the visit of Mrs. Cushman and Mrs. Rerdell on Thursday morning, and they
went there at six o'clock. Keep that in mind. Rerdell got out of jail on
Friday. George A. Calvert, the janitor, visited every room frequently.
His testimony is on page 2672. He swears he found the door of Rerdell's
room unlocked. When? The day before Rerdell got out of jail. What time
of day? In the morning. What morning was that? Thursday morning. When
did Rerdell get out of jail? Friday morning. When did Mrs. Rerdell and
Mrs. Cushman visit the room? Thursday morning. What time in the morning?
Six o'clock. When did Calvert find the room open? That same morning.
The women swear that when they went there the room was locked. Now the
question arises, who opened it? The women. That is all there is to that.
Mrs. Rerdell, on page 2635, swears she got the key on the second day
after Rerdell's incarceration, in the evening. That would be Wednesday
evening. She used it the next morning, Thursday.
On page 2247 Rerdell swears that on the 20th of December, 1878, Vaile
promised him a good salary. On page 4021 Vaile swears that he has no
recollection of any such promise. That is what they call corroboration.
On page 2348 Rerdell swears that in May, 1879, S. W. Dorsey said, "You
know that John is a man of very little judgment. He does not know how to
talk to these contractors." On page 3773 S. W. Dorsey swears that there
never was any such conversation.
On page 2249 Rerdell swears, "As secretary and manager, I kept the books
for a short time." On page 3636 W. F. Kellogg swears that he, Kellogg
had entire charge of Dorsey's books from the summer of 1872 to the fall
of 1879, and that nobody else ever made a scratch of a pen in those
books. On page 2270 Rerdell swears that Dorsey and Bosler were having
a settlement in New York and sent for the books, and that he took the
original books over and left them there, and that he went over to New
York in June, 1881, and saw both books there and brought the journal
over and left the ledger. On page 3955 Dorsey swears that the first
settlement he had with Bosler was in December, 1879, or January, 1880.
Rerdell swears that the time he got the copy made of his journal by the
Gibbses, was between Christmas, 1879, and 1880. Dorsey swears there was
not another settlement until November, 1882. The first settlement
being in 1879, and Rerdell swearing that he took the books over for a
settlement, shows that he did not have them here in Washington to be
copied at the time he says and at the time other people swear that they
copied them.
On page 3788 S. W. Dorsey swears that he never sent for any transcript,
and that he, Dorsey, referred to the route-book, and that Rerdell never
sent any such book or books as he claimed. On page 2271 Rerdell swears
that he gave copies of the journal to Dorsey in June, 1881. That was
the time that he made the affidavit. His language by any natural
interpretation means that lie handed those copies over to Dorsey at
the time he made the affidavit on the 20th of June, 1881. On page 3988
Dorsey swears that he did not, and on page 3785 he again swears that he
never had them. On page 3784 he again swears that Rerdell never brought
any book to him except the route-book. On page 2271 Rerdell swears that
Dorsey, on the 13th of May, 1879, him to make up a statement of the
routes showing the profits, and that he thinks he gave it to Bosler. On
page 3875 Dorsey swears that he never made up any such statement by his
direction, and that he never gave Rerdell such an order. Why should he?
According to Rerdell's own statement, in which there is not a particle
of truth, Dorsey, on the 13th of May, 1879, that very day, had written a
letter to Bosler, in which he told him about the profits, about how much
it had cost him, and about how much it would cost him, and about how
much the profits would be, and how much he paid to Brady. After writing
such a letter to Bosler, containing all the facts, why would he want
Rerdell to make up a statement that was already in the letter itself?
Nobody can answer. There is not genius enough in this world to make the
answer.
On page 2272 Rerdell swears that he saw 7 B, which is a petition, in
1879, and that there were three words in his own handwriting that were
not there when he first saw it, the three words being "and faster time."
He also swears that he was instructed to put them in by S. W. Dorsey. I
now say that Mr. Rerdell never wrote those three words. On page 783 it
appears that 7 B was filed April 18, 1879. On page 3786 S. W. Dorsey
swears that Rerdell's statement is false. I will now turn to the
testimony of George Sears about the petition, 7 B, which Mr. Rerdell
swears was altered by interlineation or the addition of three words,
"and faster time." The page is 829.
Here comes a witness of the Government, apparently a good and honest
man, and he swears that the words "and faster time" were in that
petition when he signed it. I will take his word for it. I will take his
guess as against the other man's oath.
On page 2273 Rerdell swears that he altered 11 B and 12 B by
instructions of S. W. Dorsey. Now, gentlemen, Stephen W. Dorsey got such
a momentum of crime on him and got running at such a rate that he could
not stop, and whenever a petition came in he had it altered without
reading it. It did not make a bit of difference what the petition asked
for. He just said to his clerk, "Look and see if there is not any line
you can add something to. I want something put in it, and I want it put
in now." Mr. Rerdell says he did these things without any thought. He
just made the changes as he was told, without considering whether it was
right or wrong. He told you here on the stand that at one time he was
requested to get a petition, and he had a lot of names on hand, and so
he just wrote a petition and stuck the names to it. He could not even
remember the route it was on. It was a matter of so little importance
that he did not charge his memory with it. He was told to get a petition
in the regular way, and instead of doing that he said he took some names
that he had and just wrote a petition and stuck the names on, because
that was easier; and it was a matter of so little importance he really
did not remember. He was like the gentleman in Texas who was tried for
murder, but did not remember the name of the man he killed; he did not
charge his mind with it.
Now for 11 B:
Hon. D. M. Key, Postmaster-General:
We, the undersigned, citizens of the State of Colorado, residing near
and getting our mail at Muddy Creek post-office, on route 38135, from
Pueblo to Greenhorn, respectfully represent--I never noticed before that
the "p" is interlined in the word "represent." I have no doubt that was
done by order of Dorsey--that it is necessary that the service on said
route should be increased from two trips per week to six trips per week,
and a faster schedule. This section of the country is being rapidly
settled by people of intelelgence, and we ask the increased service for
the benefit of us who have already made our homes here, and also as an
inducement to others to settle. We also request that the schedule time
be reduced so as to run from Pueblo to Greenhorn in eight hours, so that
citizens along the route may get their mail at a seasonable hour.
I have read the petition as it was in the first place. The Government
tells you that after that petition came here, and after it had been
submitted to Stephen W. Dorsey, he told his clerk to add in the first
part of the words "on quicker time;" and yet if he had read the last
paragraph he would have seen quicker time was there called for. Rerdell
says Dorsey told him to insert the words "on quicker time," and when I
read this last paragraph to him he was stuck. Then what did he say? When
he got into that little corner and was looking for a mouse-hole, he said
he didn't read it and didn't know it was there. Do you believe that a
man like Stephen W. Dorsey would deliberately have a petition changed,
would deliberately forge a petition, without knowing what was in it and
without knowing whether the necessity existed for changing it or not?
That falsehood has not even a fig-leaf to cover its absurdity.
Here is 12 B. It would not have taken long to have read that. Rerdell
said Dorsey had him put in the words "and a faster schedule." I will
read the last paragraph to that:
We also respectfully request and urge that the running time be reduced
so as to run from Pueblo to Greenhorn in eight hours, so that citizens
along the line may get their mails in a seasonable hour.
He says Stephen W. Dorsey, a man of sense, got that petition, read it
all over, and then told this fellow to put in "and a faster schedule"
when right in the next paragraph it asked for eight hours. A man who
will swear that way had rather tell a lie on ninety days' credit than
tell the truth for cash. Just look at it. That is what they call a
corroboration. The more you look at this testimony the more absurdities
you find. Every truth has an infinite number of signs. Every truth
has to fit an infinite number of things. Infinite wisdom could not
manufacture a falsehood that would stand the test of investigation.
On page 2272 Rerdell says, speaking of the three petitions, 7 B, 11 B,
and 12 B, "We," meaning S. W. Dorsey and himself, "had examined these
petitions together, and he," meaning S. W. Dorsey, "told me to put in
the clause for expedition." Now, 7 B was filed April 18. That is the day
he left for the West, and 12 B were filed on the 8th of May. If they
had them all at one time together, and if he and Dorsey had talked about
them, why were they not filed at the same time? Why was one filed April
18th and the other two on the 8th of May? That testimony of Rerdell's
will not do.
On page 2279 Rerdell says that he found among Dorsey's papers the
tabular statement, about the middle of April, 1879. the first column
was the number of the route; in the second the termini; in the third the
pay; in the fourth the anticipated pay by percentages, and in the fifth
the percentage to T. J. B., thirty-three and one-third, with the figures
carried out at the end of the column. He tells you that he had that
tabular statement when he first went to MacVeagh. That tabular statement
was in the handwriting of S. W. Dorsey. Yet the Attorney-General was not
satisfied. He wanted that backed up by a book not in the handwriting of
S. W. Dorsey. That will not do. Rerdell also tells you that at the time
he went to the Attorney-General he not only had that tabular statement,
but he had a letter-press copy of the original letter that Dorsey wrote
to Bosler on the 13th day of May, 1879. He had that letter, the original
of which was in Dorsey's handwriting, in which he admitted he had paid
Brady twenty thousand dollars. He had the tabular statement in Dorsey's
own handwriting in which he was to pay thirty-three and one-third
per cent, to Brady. Yet the Attorney-General did not think there was
sufficient evidence, and said, "You had better go to New York and steal
a book that Dorsey never wrote a word in." Oh, no; that will not do.
On page 2280 Rerdell swears that he lost that memorandum. I guess
he did. On page 3785 S. W. Dorsey swears that he never made any such
memorandum. On page 2280 Rerdell swears that he employed Gibbs and wife
to make a true and correct copy of the books in March, 1880; that he was
directed by S. W. Dorsey to send him a true transcript of the books in
order to settle with Bosler, and that Gibbs and wife copied the journal
and ledger, and that he sent the copy to New York. On page 3788 Dorsey
swears that he never heard of the employment of Gibbs and wife, and
that he never received any such books or transcripts. On page 2644
Gibbs swears that his wife copied only the journal, not the ledger. Yet
Rerdell swears that he copied the journal and the ledger. On page 2644
Gibbs again swears that Rerdell brought him one book. What color was
it, red, brown, or black? Rerdell says he took him two red books. Gibbs
swears he got one brown book or one black book. That is what they call
corroboration. On page 2320 Rerdell swears with regard to the paper 2
A, that the words, "schedule thirteen hours" were written by Miner. If
those words, "schedule thirteen hours," were not written by Rerdell,
then--they were written by somebody else. [2 A handed to Mr. Ingersoll.]
I guess this is the petition that was fixed up. It looks as if it
had been to a hospital. Rerdell says Miner wrote the words "schedule
thirteen hours." Just look at that word "thirteen," gentlemen.
You have no idea how it affects your imagination and brain to be
indicted seven times. On page 2209 Boone swears with regard to this same
paper and the same words, that there is nothing in the handwriting to
indicate that it was written by Miner; that it is a back-hand; a changed
handwriting. On page 4186 Miner swears that it is absolutely not true;
that the words "schedule thirteen hours" are absolutely and positively
not in his handwriting, and further that he never filed the petition.
Gentlemen, evidence of handwriting is very unsatisfactory necessarily.
Men do not always write the same. The same man does not always write the
same hand. There is the difference of pen, the difference of ink, the
difference of paper, the difference of position, and the difference,
too, of the man's feelings. At one time he feels in splendid health and
at another time he may be tired and worn out. The paper may not be in
the same position. The slope of the desk may be different. Countless
reasons change the handwriting of a person, and when a man swears that
certain handwriting is or is not another's handwriting he must swear on
the general appearance; he must swear on the impression that it first
makes upon him.
I know Mr. Smith and I know Mr. Jones, but it may be that I could not
describe the differences in the faces of the two men so that a stranger
could afterwards tell them. Yet I know them. It is the effect of all the
features upon me. I cannot say it is because of the ear of one, or his
nose, or his mouth. I know the combination. I remember the grouping of
the features and the form, and that is all I remember. If I am shown a
paper and asked, "Is that Mr. Smith's handwriting?" I say it is, or I
say no. Why? Because it looks like it or it does not look like it. I
cannot recognize it because an "e" is made in a certain way or because a
"d" is turned in a certain way, because the next day he may turn it the
other way. You have got to go upon the general impression. On page 2336
Rerdell swears that the oath on route 38140, marked 5 E, was filled in
by S. W. Dorsey; that the word "twelve" was written by him, Rerdell,
after it was filed, and was written because Turner told him that the
schedule must be twelve hours; that Turner handed him the oath and he
thereupon changed the "fifteen" to "twelve." On page 3355 Turner swears
that he has no knowledge of any alteration in any affidavit. On page
3793 S. W. Dorsey swears that he did not know there was any such
affidavit; and he also frequently swears that he never asked Rerdell
to change any affidavit that had been filed, and that he never gave any
such orders. These gentlemen find one affidavit about which we did not
ask Mr. Dorsey particularly and they say, "You have not contradicted
that." When a man swears that he never gave an order about any
affidavit, that covers every affidavit.
On page 2337 Rerdell swears that the oath marked 20 F, on route 38145,
was filled in by him after it was signed, under the direction of S. W.
Dorsey. On page 3793 Dorsey denies giving any such directions.
On page 2338 Rerdell swears that blanks in the oath 22 F, the second
oath, were filled in by S. W. Dorsey, but will not say whether before or
after execution. On page 3771 Dorsey says he does not remember doing
any such thing; but certainly there is no evidence that Dorsey did this
after the affidavit had been made.
On page 2339 Rerdell swears that the words "ninety-six" in the petition
14 H, were written by Miner. Boone, on page 2709, declines to say that
Miner wrote them. On page 4273 Miner swears that the words are not in
his handwriting, that he never wrote them. On page 2298 Rerdell swears
that he signed a check "S. W. Dorsey by M. C. Rerdell," and that he had
that check at home. It may be that is one of the checks for June drawn
upon Middleton's bank that we could not find.
On page 2340 Rerdell says that the oath marked 8 I, on route 44140, was
filled in by him in Washington after it was signed and sworn to, under
the direction of S. W. Dorsey. On page 3792 S. W. Dorsey denies that he
gave any such directions.
On page 2342 Rerdell swears that S. W. Dorsey signed the name of J. M.
Peck to the warrant 55 G. I have forgotten the day that the draft was
given, but I think it was the 2d day of August. It was paid on August
25, 1880. All I have to say is that there was an abundance of time for
that draft to go to New Mexico and to be signed by John M. Peck; there
was thousands of time. It makes not the slightest difference who signed
the name of John M. Peck to that warrant. The question is, was that
money coming to John M. Peck? No. John M. Peck had sold out his
interest. He was not entitled to one dollar, and it made no difference
who signed his name to the check. Does it show that there was a
conspiracy if Dorsey signed his name after Peck had sold out his
interest in the routes? Any draft coming to him came to him simply as
the trustee and the draft was for the benefit of the person who bought
him out. Suppose Mr. Dorsey had signed his name. Would that prove that
there was any conspiracy? It would simply be in accordance with his
right as the matter then stood. He was entitled to that draft and Peck
was not entitled to that draft. Why? Because he had bought him out and
paid him ten thousand dollars for his interest. That was all. Yet they
would claim if that draft happened to be indorsed by Mr. Dorsey that it
would be evidence of a conspiracy entered into in the fall of 1879.
On pages 2348 and 2361 Rerdell says that figures were inserted in all
affidavits given him by S. W. Dorsey, except on route 41119, and that
Dorsey told him, Rerdell, to put them in the blanks. On page 3793 S. W.
Dorsey denies that.
On page 2223 Rerdell says that in August, 1878, he had a talk with
Miner, who said that they could do nothing while Boone was in the
combination; that Brady was hostile to Boone, and that Boone's place was
to be taken by Vaile; and that Miner asked his opinion about Vaile,
and asked what Rerdell thought about Dorsey's approving it, adding that
Vaile was very close to Brady. On page 4177 Miner swears that he has
no recollection of the conversation, and does not believe any such
conversation ever occurred.
Ah, but they say that when a paper was handed to Mr. Miner, an
affidavit, for instance, he could not give you the history of it; he
could not tell you where he was when he wrote it; he could not tell you
where he was when he filled it. I would not have believed his testimony
if he could. He had to take care of some ninety-six routes. Upon those
routes there were numberless papers, notices from the department,
notices of fines and deductions, of remissions, and everything of that
kind. On each route there were probably a hundred papers, and may be
more--petitions, affidavits, and papers of all descriptions. If a man
should stand up here five years afterwards and pretend that he knew the
history of each paper, I would know he had not the slightest regard for
truth.
Mr. Miner said when he was shown a paper, "I don't remember ever having
seen that paper before; I don't remember when it was written." That was
the truth. If he had wished to stain his heart with perjury he could
have said, "Yes, I remember it. I know absolutely the time I wrote it.
I know I sent it to New Mexico. I know it was filled up before it was
sworn to"; but he was honest enough and he was brave enough to face the
truth and say, "I don't remember," and I respected him for it when he
did it. Whenever you hear the truth, as a rule the first thought is,
"May be it won't do." But if it is the truth, the longer you think about
it the better it seems, while if it is a lie, the longer you think about
it the worse it gets. It would have been, apparently, to Mr. Miner's
interest to say, "I remember it perfectly," but the man had honor enough
to tell the truth. And when you come to investigate his evidence it
sounds much better than though he had pretended to remember time and
place.