MINER, PECK & CO.

You are told that is evidence of a conspiracy. Suppose the letter had

been this way: "We boast of being solid. We can get anything, whether

reasonable or not." That probably would have been evidence of perfect

innocence. He writes a letter and says:

We make no boast of being solid with anybody, but can get what is

reasonable.

They say that is evidence of conspiracy. Suppose he had written the

opposite, "We do boast of being solid and we can get anything, whether

it is reasonable or not." According to their logic that would have been

evidence of absolute innocence. Whenever you are suspicious you extract

poison from the fairest and sweetest flowers. Prejudice and suspicion

turn every fact against a defendant.

On page 4557 Mr. Ker tells us that Vaile never saw Peck, and yet had the

impudence to write that his subcontract was signed by Peck in person.

The subcontract is in evidence here. Nobody pretends that it was

not signed by Peck, and yet that is brought forward as a suspicious

circumstance against Mr. Vaile, because there is no evidence that Mr.

Vaile ever saw Mr. Peck. Is there anything in a point like that? "My

contract was signed by Mr. Peck in person." He does not mean by that

that he saw him sign it. The evidence here is that it was signed by

Peck, and yet the fact that he says Peck did sign it, and the fact that

he had never seen Peck, Mr. Ker endeavors to torture so that you will

think he wrote what he knew to be untrue.

On page 3251 Mr. Ker says that Miner does not deny writing the letter

marked 63 E. This letter was dated the 10th day of May, 1879, and was on

one of the Dorsey routes.

Miner swears that he never signed a paper, never touched pen to paper on

any of the Dorsey routes after the 5th day of May, 1879.

Now, gentlemen, after having made all these statements to you, and I

have only taken up a few of them, these misstatements, these mistakes,

Mr. Ker winds up by telling you it is the safer plan to find a verdict

of guilty, because if you find them guilty wrongfully the Court will

upset your verdict.

Gentlemen, you have sworn to try this case according to the law and the

evidence. You are the supreme arbiters of this case. It is for you to

decide upon this evidence, and for you alone. Yet you are told by Mr.

Ker to shirk that responsibility. You are told by him to violate your

oaths and find against these defendants, for the sake of certainty,

and then turn them over to the mercy of the Court. That is not the law.

These defendants are being tried before you. They have the right to your

honest judgment. If you have any doubt as to their guilt you must find

them not guilty or violate your oaths. You are told it is the safer way

to find them guilty and then let them appeal to the Court for mercy!

That doctrine is monstrous. It is deformed. Such a verdict would be the

spawn of prejudice, and cowardice, and perjury. You cannot give such a

verdict and retain your self-respect. You cannot give such a verdict

and retain your manhood! If you have any doubt as to the guilt of these

defendants you must say they are not guilty. You have no right to turn

them over to the Court, no matter whether the Court is merciful or

unmerciful. You must pass upon their guilt, and you must do it honestly.

I never heard so preposterous, so cruel a sentiment uttered in a court

of justice. It amounts to this, gentlemen: If you have any doubt of

guilt resolve the doubt against the defendant. If the evidence is not

quite sufficient, find against the defendants and turn them over to the

mercy of the Court. Why should we have a jury at all? Why should you sit

here at all? Why should you hear this evidence, if after all you are to

shirk the responsibility and turn the defendants over to the Court? You

never will do it, gentlemen.

Now, gentlemen, I wish to call your attention to a few points made by

Colonel Bliss. You must remember that Colonel Bliss has been very highly

complimented by his associates as a kind of peripatetic index of this

case, an encyclopedia of all the papers; that he never makes a mistake;

that he recollects amounts with absolute certainty, and that he is

infallible. Keeping all these things in your mind, I wish to call your

attention to some statements that he has made. First of all, I will

refer to a little of his philosophy, or law, and that is, that in

every affidavit you should state not the number necessary on the then

schedule, but the actual number, and that there could be no doubt about

the number of men and horses used at the time when an affidavit was

made, and that consequently anybody making an affidavit should put in

the number then actually used.

Let us see how that will work. He says the oaths are false because they

do not state the actual number of men and horses employed in carrying

the mail at the time they were made. He says that the person making the

affidavit swore to the number actually employed, and that where that

number was not employed that fact of itself shows the affidavits to

be false. I say that is not the law. The law calls for the number

necessary, not the number actually employed. Let me show how easy it

would be to cheat the Government on the principle laid down by the

gentleman. I will show you how infinitely silly that is. Let me

illustrate. Here is a route one hundred and fifty miles long, once a

week. You know it is possible for one man and one horse for a little

while to carry that mail and to go one hundred and fifty miles one way

and one hundred and fifty miles the other, making three hundred miles in

a week. You can take a magnificent horse and a good, stout, tough man,

and you can do it.

The Court. Or a boy.

Mr. Ingersoll. Or a stout, tough boy.

The Court. A boy would be best.

Mr. Ingersoll. You do not need any boy. Just one man and one horse will

answer. The man can ride the horse one hundred and fifty miles in three

days, and then ride one hundred and fifty miles back in the next three

days. All you have to swear to, according to Mr. Bliss, is the number

actually used, and so you would come in and swear to two on this route.

Now, when you are making an affidavit as to the number to be used on

a schedule to be made, you cannot swear to the number actually in

use, because they are not then in use. You have to swear to the number

necessary. You have to swear to the number required.

Now, see. On a mail route one hundred and fifty miles long I would only

want a good smart horse, and one good active man or boy. I would not

need to carry it more than one week, because I could make the affidavit

for that week, and then the question would be how many men and horses

would be required for a daily mail on the same route. I would put in a

reasonable number, and the difference between the number then actually

used and the reasonable number to use would be the standard by which to

fix my pay.

If you take the man and horse actually used, and then take the number

that would reasonably be used, you would make a difference of a thousand

per cent. And yet that is the doctrine laid down here to guide us as to

these affidavits.

Let me tell you what the law is. It does not make any difference what

you are really using at the time. You must swear to the number that

would be reasonably necessary to carry the mail on the then schedule.

You must swear to the number that would be reasonably necessary to carry

the mail on the proposed schedule. In the first place, if you put a

great deal of work on a man and horse, you must put the same proportion

on man and horse in the second schedule. If you are easy on man and

horse in the first schedule, you must be easy on man and horse in the

second. The only object, gentlemen, is to keep the proportion, because

you are to be paid according to the number of men and horses used.

Now, they say it would be necessary to go out there in order to tell how

many men and horses would be necessary, and that the men who made these

affidavits had never been on the routes. There was no need of being

on the routes. I could give you the number required on any route two

hundred or five hundred miles long. I could give you the number of men

and horses reasonably required to carry the mail once, twice, three

times, or seven times a week; and I could give you the number reasonably

required to carry it at the rate of three miles an hour or five miles an

hour or six miles an hour without going there. I need not go there for

the purpose of the affidavit. I can take it for granted that the road

is good and level, and I can keep exactly the same proportion and nobody

can be defrauded. If you take the rule of Colonel Bliss it would be

the easiest thing on earth to defraud the Government. That would be by

taking the actual number in use and then taking the number necessary.

Oil page 4761 Mr. Bliss makes the point that according to law the Second

Assistant Postmaster-General was not bound to allow according to the

affidavits. He is right as to that. That is what Mr. Bliss says, and

that is what John W. Dorsey swore he thought, and that is what Mr.

Thomas J. Brady swore he did. He did not take the affidavit as a

finality. Mr. Thomas J. Brady said that he took it for granted that the

man, when he made the affidavit, thought it was true, and that the

man, when he made the affidavit, swore to the best of his knowledge and

belief. But Thomas J. Brady never swore that he considered himself bound

by the affidavit. On the contrary, he swore that he had a standard in

his own mind, and that expedition was to cost thirty dollars a mile,

or something of that kind. He went by that standard, and he gauged the

affidavits by it.

On page 4762 Mr. Bliss says that Brady admitted that he made no inquiry

as to the truth of affidavits, and that he accepted them as absolutely

conclusive. On page 3434 Mr. Brady swears:

The Works of Robert G. Ingersoll, Vol. 10 (of 12) Dresden Edition—Legal · 第 37 / 52 题