Acting for himself and for the regular contractor on route 40104.
That is to show also, gentlemen, that there was a conspiracy between
Vaile and Rerdell. Now, Mr. Vaile wrote a letter also to the same man. I
will read it:
Washington, D. C., July 9, 1880.
Hon. J. McGrew:
Sir: In reply to yours of July 8th, relating to the Jennings case,
I would state that I did not receive the money in manner and form as
stated by one M. C. Rerdell, nor was the draft of J. W. Dorsey, on
said route 40104, for the quarter named, to get an advance of money for
myself or for my own use.
At the time I receipted for my pay as subcontractor on said route I did
not, in fact, receive any money, but did so receipt that J. W. Dorsey
might negotiate his draft on said route, and for no other purpose.
Although I was subcontractor of record on said route at the time named,
I was not a subcontractor in my own behalf, but as trustee for J. W.
Dorsey, S. W. Dorsey, Isaac Jennings, and others, to collect said money
and pay it over as said parties should direct. I further state that all
money that ever came into my hands from said route I did pay over to the
parties named as trustee, as by them directed.
Acting as trustee of said Jennings, and believing that he had performed
the mail service on said route as by him agreed, and in accordance with
the laws and regulations of the Post-Office Department, I did pay said
Jennings, on the 1st day of April, 1879, the sum of $1,257.73, a sum of
money he was entitled to provided he had carried the mail three days per
week on the schedule required, which I fully believed at that time he
had done, and for a long time after.
I further state that I am informed that said Jennings is not
responsible; that it would be utterly impossible for me to receive back
the $2,800, or any part thereof; that in fact this sum of money sought
to be collected of me, if collected for said Jennings's benefit, or
go into his hands in addition to the sum he now has unlawfully, doubly
remunerating him for his neglect of duty.
I further state that all the money collected on said route not paid to
said Jennings was paid to liquidate the debts of J. W. Dorsey, S.
W. Dorsey, and others previously contracted, and not one dollar ever
remained in my hands.
I further state I believe both J. W. Dorsey and S. W. Dorsey are
irresponsible, and it would be impossible for me to collect any part of
said money from them. As above stated, said money came into my hand only
as their agent or trustee, and at once paid out as they directed; that
my subcontract was put on file simply to enable J W. Dorsey to negotiate
his draft on said route, when in fact said Jennings was the real
subcontractor. Said Jennings agreed to perform the service on said route
strictly in accordance with the laws and regulations of the department,
for the annual sum of $12,600.00, the duplicate of which contract was
delivered over to S. W. Dorsey by myself, and which I believe is now in
the hands of M. C. Rerdell, and which, or a copy thereof, I demand shall
be filed with you in this case, that you may see what said Jennings
agreed to do.
This is certainly a strange claim. Jennings agreed to perform mail
service on said route. I believed he had done it, and paid him
accordingly. It turns out long after he did not properly perform the
service, but was attempting a swindle, and a deduction is ordered for
not performing the service properly. Then this man, the guilty party,
having got money from me, as trustee, wrongfully, as well as from the
Government, and asks that the Auditor compel me to pay him the sum
of $2,800.00, when, as I am informed, he is seeking to get this same
deduction remitted.
Surely if he succeeded in all this he will make a good thing out of his
rascality and I a good victim without remedy. I state again I did
not hypothecate said draft for myself, did not receive one cent as
subcontractor, but became the payee of said draft that said J. W.
Dorsey might negotiate it, and I to dispose of the proceeds as he should
direct, all of which I did. Therefore I request you not to compel me to
pay the sum of money asked, but if I am liable at all let the parties
seek their redress at law, where all the facts can be obtained and
justice rendered me. And it is also well known that I am a man of means,
and any judgment rendered against me could and would be collected,
dollar for dollar.