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

Mr. Ingersoll. He had the impudence then to come here and malign

Garfield by saying that upon that statement he would have turned out two

members of his Cabinet. That is Mr. Bliss's idea of impudence; and yet,

upon the testimony of the same man, he wants to put five men in the

penitentiary.

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

Mr. Ingersoll. Not upon the soulless testimony. Now, I think that Mr.

Dorsey had a right to go and see Mr. Garfield. I think he had a right

to take that affidavit with him. General Garfield was told what this man

had said concerning Mr. Dorsey. He had the right to take that

affidavit of that man with him so that General Garfield, or the then

Attorney-General rather, might know how much confidence to put in the

statement of that man. He had a right to do that. If he found in this

way that his Attorney-General and his Postmaster-General were seeking

to have a man convicted by means not entirely honorable, then it was

not only his privilege, but it was his duty to discharge them from his

Cabinet. But I am not saying anything in regard to them now, because

they are not here to defend themselves.

Mr. Bliss. I want to correct myself. Further down on that page I see I

did refer to the impudence of this man going to Garfield.

Mr. Ingersoll. Well, as Mr. Bliss has been fair enough to state it, I

will not follow up my advantage. On another page Mr. Bliss says that

the idea that Mr. Vaile did what he did for Miner out of any sympathy is

"too thin." Mr. Bliss cannot believe that Vaile became Miner's friend

so suddenly, but he thinks it highly probable that they conspired

instantly. That is his view of human nature. Friendship is of slow

growth; conspiracy is a hot-house plant. Gentlemen, is that your view of

human nature, that a man cannot become the friend of another suddenly?

Whenever he does become his friend the friendship has to be formed

suddenly, does it not? There is a first time to everything. A moment

before it did not exist; a moment afterwards it is dead very suddenly.

There was a boy came to town one morning and met an old friend. The old

friend asked the boy, "How is your father?" He says, "Pretty well, for

him." "How is your mother?" "Pretty well, for her." "Well, how is your

grandmother?" "She is dead." "Well," says the old man, "she must have

died suddenly." "Well," said the boy, "pretty sudden, for her."

Whenever one man becomes the friend of another's, a moment before that he

was not, and a moment after he was. It must be sudden. But I imagine that

there was a friendship sprang up between Vaile and Miner, and I will

tell you why. They have been partners ever since. You, gentlemen,

have had the same experience a thousand times. It is not necessary to

conspire with a man in order to like him. Neither is it necessary to

like him to conspire with him. Men have conspired without friendship a

thousand times more, probably, than they have formed friendships without

conspiracy.

Mr. Bliss says that because Miner failed to produce the power of

attorney that Moore swore was given to him when he went West, the jury

have a right to infer that instructions to get up false petitions were

in writing and were included in that power of attorney. Mr. Moore did

not swear to the contents of that power of attorney. Do you think that

it is within the realm of probability that a man ever gave a power of

attorney to another and inserted in it: "You are hereby authorized

to get up false petitions; you are further authorized to have them so

written that you can tear them off and paste others on?

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

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

There was another witness in this case, Mr. Grimes (page 808). Not

the one that wore the coat--All buttoned down before--but Mr. Grimes,

postmaster at Kearney. He came all the way here to swear that he stopped

using mail bills on the route from Kearney to Kent because he was

so ordered by a letter from the Post-Office Department. Then it was

discovered that he did not have the letter with him; he went home to get

the letter, but he never came back any more.

We introduced Spangler (page 341) from the inspection division of the

Post-Office Department; I think he was in charge of that division. He

swore, as a matter of fact, that there never were any mail bills on that

route at all.

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

Mr. Ingersoll. The mail bills on that particular route. That man Grimes

was brought clear here to prove that he stopped using mail bills, and

then we proved that there never were any mail bills used on that route

for him to stop using. I do not suppose that that man was dishonest.

These people just got around him and talked to him until he "remembered

it." They just planted the seed in his mind, and then came the dew

and the rain and the lightning until it began to sprout and in time

blossomed and bore fruit--mail bills. When we come to find out that

there never were any mail bills used, away went Mr. Grimes.

On page 4969 Mr. Bliss says:

They have not, up to this moment, dared to state under oath, I think,

that those books are not in their possession.

On page 3784 Dorsey swears that he never received any such books. Never

saw any such books. He swore again and again that he never heard of any

such books.

Mr. Bliss. I stated distinctly that the defendants had not stated that

in the form required to excuse them from the production. I stated that

distinctly.

Mr. Ingersoll. All right; away goes that.

On page 4983 Mr. Bliss says:

Is it not an absurdity to suppose that Dorsey would leave Rerdell in

charge of his business from July, 1879, to August, 1880, and then on

from that time until the close of the contract term in August, 1882;

leave all the business in that way, and then through Bosler settle the

accounts with Mr. Rerdell and have no knowledge in any way, not only

of the entries contained in the books which Rerdell kept, but have no

knowledge that he kept any books whatever? Is it not absurd to suppose

any such thing? These ten routes represented an income of two hundred

and fifty-odd thousand dollars a year, or a total business, including

income and outgo, of five hundred thousand dollars a year, for three

years, going no further than that. These ten routes alone represented

transactions amounting to half a million dollars a year. There were one

hundred and thirty routes and Mr. Dorsey took one-third in value if

not in number. If the value was the same, Mr. Dorsey took not less than

forty routes. As ten routes involved a business of one million five

hundred thousand dollars in that period, the forty routes involved in

that proportion transactions amounting to six million dollars.

You made a calculation on the supposition that all the routes were

expedited the same as those in the indictment, and when you made that

calculation you knew they were not expedited.

Mr. Bliss. I object, your Honor, to his making any such statement as

that. In the first place, it is not evidence; and in the second place,

which is of more importance, it is not true. I did not know any such

thing, and I do not know any such thing.

Mr. Ingersoll. Do you say now that the other routes of his, to the

number you talked of, were expedited?

Mr. Bliss. I am not on the stand to be cross-examined now. But I do say

to your Honor that there is no evidence of that in this case. And then

I go beyond that, and say that I did not know those things then and I do

not know them now.

Mr. Ingersoll. Very well; he made the argument on the supposition that

all the routes were expedited. I say that not one of them was expedited

in which Mr. Dorsey had an interest.

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

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

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

Mr. Ingersoll. I will put another supposititious case, and mine is that

the other routes were not expedited.

The Court. That is the right way to meet it. Counsel ought not to turn

to counsel on the other side and make an appeal to his knowledge in

regard to matters not in evidence.

Mr. Ingersoll. I know, but he said he did not know it. Then I asked him,

as a matter of fact, if he did not know--

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

supposition--

Mr. Ingersoll. [Interposing.] I am always glad to get information.

Now, then, I will go to another point, and that is the $7,500 check. Mr.

Bliss speaks of that check at page 4997, and he says:

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

presence.

I do not think there was. How could such a question be raised,

gentlemen? The check was made payable to M. C. Rerdell, or his order. On

the back of the check is Mr. Rerdell's name, put there by himself. He is

the only indorser. And yet Mr. Bliss tells you that there is a question

raised as to whether the money was drawn in Mr. Rerdell's presence or

not. The check shows, and the evidence is absolutely perfect, that the

money was paid to Rerdell in person. The question is this: Whether it

was drawn in Mr. Rerdell's presence. If it was paid to him in person,

I imagine that he was in that neighborhood at that time. The check was

written by him, everything except the signature of Dorsey. It was drawn

to Mr. Rerdell, or order, and indorsed by Rerdell himself. There was no

other indorser. So that it is absolutely certain that he drew the money

in question. And yet Mr. Bliss says the question is whether it was drawn

in Rerdell's presence or not.

Mr. Bliss continues and states that the money went to S. W. Dorsey. Did

it? Mr. Dorsey, on page 3965, states the circumstances. He was packing

to go away. He had not the time to go to the bank himself. He had

the check written payable to Mr. Rerdell, or order, and he signed it.

Rerdell went to the bank, got the money, brought it back and put it in

his carpet-sack. That is the testimony.

Now, Mr. Bliss says:

No evidence was given as to what Stephen W. Dorsey was wanting just at

that time with seven thousand five hundred dollars in bills.

According to Mr. Rerdell, he wanted that money to give to Mr. Brady.

That is what Mr. Rerdell intended to swear. But when he found that that

check was made payable to him, and indorsed by him, then they had to

take another tack. They dare not say then, "That is the check." They

dare not say then, "That is the money." Rerdell had forgotten at the

time he swore that that check was payable to his order. When he told his

seven thousand dollar story to MacVeagh he forgot about that check.

When he told it to the Postmaster-General, if he did--I have forgotten

whether he did or not--he forgot about that.

Now, gentlemen, I will call your attention to the part to which I really

wish to direct your attention. It is an admission by the Government, an

admission by Colonel Bliss; it is in these words, on page 4997, speaking

of this very thing:

However that may be, they themselves put in a check here for seven

thousand five hundred dollars, drawn about the time Mr. Rerdell spoke

of, the money upon which admittedly went to Stephen W. Dorsey, though

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

presence or whether it was not drawn by him. But the money went to

Stephen W. Dorsey, and there was a promise made to show you what was

done with that seven thousand five hundred dollars. But, like many

another promise in this case, it remains unfulfilled to-day. No evidence

was given as to what Stephen W. Dorsey was wanting just at that time

with seven thousand five hundred dollars in bills.

Mr. Dorsey offered to tell you what he did with it, and you said you

did not want it; you did not want to know when he was on the stand. He

offered to tell you what he did with the money, and you would not take

his statement. Hear what he says:

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

to the West.

How do you know? Who ever told Mr. Bliss that he was not taking seven

thousand five hundred dollars to the West? He must have got that from

Mr. Rerdell. May be that is the reason they would not allow Dorsey to

tell, because before that time they had been informed that he would

swear that he took the seven thousand five hundred dollars to the West.

How else did Mr. Bliss find this out?

It is not in the evidence, not a line. Somebody must have told him.

Who could have told him? Nobody, I think, except Mr. Rerdell. Is it

possible, then, that Mr. Bliss was afraid that Mr. Dorsey would swear

that he took it West? And was he afraid also that you would believe it?

I do not know. He did not want him to state. Now here is what I want to

call your attention to:

After all the talk about that evidence, all the talk about the seven

thousand dollars, all the talk about the seven thousand five hundred

dollar check, Mr. Bliss at least, admits to this jury:

Of course all that transaction might have occurred precisely as Mr.

Rerdell testified, and there might have involved no corruption on Mr.

Brady's part.

If, then, it may have occurred exactly as Rerdell swore, and involved no

corruption, certainly it might have occurred as Mr. S. W. Dorsey swore

and involved no corruption. I will go on now with a little more from Mr.

Bliss:

The drawing of the money and going to Mr. Brady's room might have been a

mere accident, as a call there to attend to some other business.

Of course, that is reasonable. I might go the bank and draw five

thousand dollars, and then I might stop in the Treasury Department, but

that is no evidence that I am bribing the Secretary of the Treasury. I

might step over to see the President; that would be no reason to believe

that I bribed the Executive.

Of course that is not conclusive. It is only a little straw in this

case, as showing a transaction of that kind involved in connection with

all the evidence you have in this case--A little straw evidence of Mr.

Brady's acts, and particularly as at the time when that occurs evidence

in connection with the large increases which Mr. Brady was then

ordering; evidence in connection with the books, and the evidence

they bear; evidence in connection with the declarations of Brady to

Walsh--evidence all consistent.

And then he adds this piece of gratuitous information:

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

to the West.

How does he know? How did he find that out? And has it come to, this?

Has all the testimony upon that point--has the confession of Rerdell

to MacVeagh and James shrunk to this little measure--that it is "only

a straw"? Has it shrunk to this measure that Mr. Bliss admits that the

whole thing might have been exactly as Rerdell swears, and yet have been

perfectly innocent? Has it shrunk to this little measure? The Government

would not tell us--I presume the Government will not tell us, what check

it was, the proceeds of which were taken by Mr. Dorsey to Mr. Brady.

Neither will they say whether that sum was made up in one check or by

adding together a number of checks; and, if so, what number?

At page 295 Mr. Bliss told you, in his opening speech, that Rerdell had

on one occasion gone with Mr. Stephen W. Dorsey to the bank, and that

seven thousand dollars had been drawn; that he had gone with Dorsey

to the door of the Post-Office Department, or to Brady's room, at the

time--he would not undertake to say which--Mr. Dorsey stating to him

that he intended to pay that money to Mr. Brady, and that he (Mr.

Dorsey) then went in. But when they come to put this man on the stand

he will not swear that Dorsey ever told him that he intended to pay the

money to Brady. Probably that part of the statement, that Dorsey told

him that he was going to pay that money to Brady, can be found in the

affidavit made before Mr. Woodward, in September, and repeated in the

affidavit made at Hartford in November. But it is not in evidence here.

Now, we brought all the checks that we had given on Middleton's bank,

with the exception of two, I believe, that amounted to some hundred and

odd dollars. We gave the Government counsel notice that there were two

others.

Among those checks was this one for seven thousand five hundred dollars.

There were many others. I asked the gentlemen to pick out their check;

they would not do it. I asked the gentlemen to pick out the checks;

they did not do it. And now if we had failed to produce checks that were

important in this case, the Government could have produced the books and

clerks of Middleton & Company, and shown exactly the checks we drew upon

that bank that month. They did not do it. As a matter of fact, I offered

all the checks on all the banks I could think of that we had any

business with in any way, except one, and that turned out to be the

German-American Savings Bank, and it turned out that that went into

bankruptcy eight months before this business; so there is no trouble

about that. Why did they not pick out the checks upon which they claimed

that the money was drawn that was paid to Brady?

Mr. Rerdell, on page 2254, in speaking of the money, swore that money

was charged to Brady on the stub. He says that Dorsey told him, "You

will find the amount on the stub of the check-book." The jury will

notice that he speaks of the "amount," the "stub," and the "book," all

in the singular. That was followed, I believe, by about six pages of

discussion, and everybody who took part in that discussion, the Court

included, spoke of the sum of money as an "amount," upon a "stub," in a

"checkbook."

I call attention to 2254-'55-'56-'57-'58-'59. On all those pages it

is spoken of as a stub of a check-book, or amount on a stub in a

check-book. After the discussion was closed, then the witness began

to talk about "books," "checks," "stubs," and "amounts." Why did he do

that?

His object was to get the evidence broad enough--checks and check-books

enough--to fit their notice, to the end that they might get possession

of all the check-books, and of all the amounts on all the stubs.

What more? The discussion convinced Mr. Rerdell that it would be far

safer to say "stubs" than "stub"; that it would be far better to say

"check-books" than "checkbook," and far better to say "amounts" than

"amount"; because he would have a better chance in adding these up so as

to make six thousand five hundred dollars, or seven thousand dollars, or

six thousand dollars, than to be brought down to one check, one amount,

and one stub-book. So he went off into the region of safety, into the

domain of the plural.

Now, the last point--at least for this evening--so far as Mr. Bliss is

concerned, I believe, is about the red books. Mr. Bliss tells you that

Mrs. Cushman was telegraphed to from the far West. There was a little

anxiety, I believe, on the part of Rerdell about the book, and he

telegraphed her. She found it there in the wood-shed, you know, hanging

up, I think, in the old family carpet-sack--I have forgotten where she

found it--and she put it away. Now, there is a question I want to ask

here, and I know that Mr. Merrick when he closes will answer it to his

entire satisfaction; I do not know whether he will to yours or to mine:

How does it happen that Mrs. Rerdell never saw that red book? How

does it happen that Mrs. Rerdell, when she was put on the stand, never

mentioned that red book? How does it happen that she never heard of it

when her husband went to New York to get it; when everything he had in

the world, according to his idea, was depending upon it; when it was his

sheet-anchor; when it was the corner-stone of his safety? And yet

his wife never heard of it, never saw it, did not know it was in the

wood-shed, slept in that house night after night and did not even dream

that her husband's safety depended on any book in a carpet-sack hanging

in the wood-shed. She never said a word about it on the stand, not a

word. Gentlemen, nobody can answer that question except by admitting

that the book was not there and did not exist.

But perhaps I have said enough about the speeches of Mr. Ker and Mr.

Bliss. Of course, their business is to do what they can to convict. I do

not know that I ought to take up much more time with them. I feel a good

deal as that man did in Pennsylvania who was offered one-quarter of a

field of wheat if he would harvest it. He went out and looked at it.

"Well," he says, "I don't believe I will do it." The owner says, "Why?"

"Well," he says, "there is a good deal of straw, and I don't think there

is wheat enough to make a quarter."

So now, gentlemen, if the Court will permit, I would like to adjourn

till to-morrow morning.

Now, gentlemen, the next witness to whose testimony I will invite your

attention is Mr. Boone. Mr. Boone was relied upon by the Government

to show that this conspiracy was born in the brain of Mr. Dorsey; that

these other men were simply tools and instrumentalities directed by him;

that he was the man who devised this scheme to defraud the Government,

and that it was Dorsey who suggested the fraudulent subcontracts. They

brought Mr. Boone upon the stand for that purpose, and I do not think

it is improper for me to say that Mr. Boone was swearing under great

pressure. It is disclosed by his own testimony that he had eleven

hundred routes, and that he had been declared a failing contractor

by the department; and it also appeared in evidence that he had been

indicted some seven or eight times. Gentlemen, that man was swearing

under great pressure. I told you once before that the hand of the

Government had him clutched by the throat, and the Government relied

upon his testimony to show how this conspiracy originated. Now I propose

to call your attention to the evidence of Mr. Boone upon this subject.

On page 1352 Mr. Boone swears substantially that on his first meeting

with Stephen W. Dorsey--that is, after they met at the house--he said

to Dorsey that he (Boone) would be satisfied with a one-third interest.

Now, the testimony of Boone is that Mr. Dorsey then and there agreed

that he might have the one-third interest.

Mr. Dorsey says it is not that way; that he told him that when the

others came they would probably give him that interest, or something to

that effect.

Mr. Boone further swears that when J. W. Dorsey did come there was a

contract--or articles of agreement you may call them--handed to him by

J. R. Miner, purporting to be articles of partnership between John W.

Dorsey and himself, and that he signed these articles; that that, I

believe, was on the 15th of January, 1878, and that it was by virtue of

that agreement that he had one-third. It was not by virtue of any talk

he had with S. W. Dorsey that he got an interest, and you will see how

perfectly that harmonizes with the statement of Stephen W. Dorsey.

Mr. Dorsey's statement is: "I cannot make the bargain with you, but when

John W. Dorsey comes I think he will, or they will." It turned out that

when John W. Dorsey did come in January he did enter into articles of

partnership with A. E. Boone, and did give him the one-third interest.

So the fact stands out that he got the one-third interest from John W.

Dorsey and not from Stephen W. Dorsey. If the paper had been written and

signed by Stephen W. Dorsey that would uphold the testimony of Boone.

If Boone had said, "I made the bargain with Stephen W. Dorsey," and the

articles of co-partnership were signed by him, I submit that that would

have been a perfect corroboration of Boone. Stephen W. Dorsey swears

that the bargain was made with John W. Dorsey, and you find that the

agreement was signed by John W. Dorsey, and not by Stephen W. Dorsey. I

submit, therefore, that that is a perfect corroboration of the testimony

of Stephen W. Dorsey.

At page 1544 Mr. Boone says that, as a matter of fact, all contractors

endeavored to keep what they were doing secret from all other

contractors. Think of the talk we have heard about secrecy. If the

bidders upon any of these routes did not want the whole world to know

the amount they had bid, that secrecy was tortured into evidence of a

criminal conspiracy. If John W. Dorsey did not want the world to know

what he was doing, if Mr. Boone wanted to keep a secret, these gentlemen

say it is because they were engaged in a conspiracy to defraud the

Government, and crime loves the darkness. What does Mr. Boone say? As a

matter of fact, that all contractors endeavored to keep what they were

doing secret from all other contractors where they feared rivalry. Of

course that is human nature.

Mr. Boone further says that he never knew of one contractor admitting

even that he was going to bid. He always pretended, don't you see, that

he was not going to bid. He wanted to throw the other contractors off

their guard. He did not want them to imagine that he was figuring upon

that same route, because if they thought he was, they might put in a

much lower bid. He wanted them to feel secure, so that they would put in

a good high bid, and then if he put in a tolerably low bid he would get

the route. That is simply human nature.

Boone further says that always when a letting came on he had his bids

in; that contractors keep their bids secret from rival contractors, not

for the purpose of defrauding the Government, but for the purpose of

taking care of their business. Now, gentlemen, when men make these

proposals and keep their business secret--as it turns out that in these

cases they were keeping their business secret--the fact that they are so

doing is not evidence going to show that they are keeping that business

secret because they have conspired. Have you not the right to draw the

inference, and is it not the law that you must draw the inference, that

they kept their business secret for the same reason that all honest men

keep their business secret?

At page 1545, Mr. Boone, swearing again about his talk with Mr.

Dorsey that night after the arrangement was concluded, says that

he--Dorsey--told me to be careful of Elkins, because Elkins was

representing Roots & Kerens, large contractors, * * * the largest in the

department, at that time, in the Southwest.

And yet that evidence has been alluded to as having in it the touch and

taint of crime, because S. W. Dorsey said to Boone to say nothing to

Elkins. Who was Elkins? He, at that time, as appears from the evidence,

was the attorney of Roots & Kerens; and who were they? Among the

largest, if not the largest contractors in the department; that is, the

largest in the Southwest.

Mr. Boone stated that the letter of Peck to S. W. Dorsey requested

him to get some man who knew the business to look after the bids or

proposals. Now, I want to ask you, gentlemen, and I want you to answer

it like sensible men, if Stephen W. Dorsey got up a conspiracy himself,

why was it that Peck wrote to him asking him to get some competent man

to collect the information about the bids--that is, about the country,

about the routes, about the cost of living, about wages, the condition

of the roads, and the topography of the country?

If it was hatched in the brain of Stephen W. Dorsey, how is it possible,

gentlemen, that a letter was written to him by Peck asking him to get a

competent man to gather that information? Mr. Boone swears that he had

such a letter. Mr. Boone swears that Dorsey showed the letter to him.

Mr. Boone swears that, in consequence of that letter, he went to work

to gather this information. Did Mr. Dorsey do anything about gathering

information? Nothing. Did he give any advice? None. Did he ask any

questions? Not one. Did he interfere with Mr. Boone in the business?

Never.

You know that was a very suspicious circumstance. I believe there was

a direction given that letters be sent to James H. Kepuer. That was

another suspicious circumstance. Mr. Boone swears that he was also in

the mail business; that he did not want the letters to go some place;

that he had to give at the department an address; that thereupon he

chose the name of James H. Kepner, his step-son, so that all the mail

in regard to this particular business would go in one box, and not be

mingled with the mail in reference to his individual business or the

business represented by the firm to which he belonged. What more does

he swear? That neither Dorsey nor any one of these defendants ever

suggested that name, or ever suggested that any such change be made;

that it was made only as a matter of convenience; that it was not

intended to and could not in any way defraud the Government.

Now, Mr. Boone has cleared up a little of this. He has cleared up the

letter; he has cleared up the charge of secrecy; he has cleared up the

charge that we had the letters addressed to James H. Kepner & Co.; he

has shown that everything done so far was perfectly natural, perfectly

innocent, and in accordance with the habits of men engaged in that

business.

Now I come to the next thing (page 1550). The next great circumstance in

this case, the great suspicious circumstance, was that the amount of the

bid was left blank in the proposals. The moment they saw those blanks

in the bids they knew then that the Government was to be defrauded, and

they brought Mr. Boone here for the purpose of showing that that was

done to lay the foundation for a fraud. What does Boone swear? He swears

that he always left that part of the proposal blank; always had done so;

had been engaged in the mail business for years, and never filled that

blank up in his life, in which the amount of the bid should be inserted.

It was not left blank to defraud the Government, but to prevent the

postmasters and sureties, or any other persons, finding out the amount

of the bid. Away goes that suspicious circumstance.

After the bids had been properly executed and came back into the hands

of the contractors, from the time the figures were put into those

routes, what does he say they did?

We slept with them until we could get them to the department.

He says they never allowed anybody to see them after the amount of the

bid had been inserted; that they would not allow anybody to see

the amount of the bids; that it was left out, however, only for

self-protection, and for no other reason. That is the Government's own

witness. He is the man they brought to show that this blank in the bid

was a suspicious circumstance. He is the man they brought here to show

that because Stephen W. Dorsey had told him to say nothing to Elkins,

that injunction of secrecy was evidence of a conspiracy.

At page 1552, Mr. Boone, in speaking of these same things, says that

however they were made, whether the name of the bidder or the route was

put in, or whatever he did--that is, Boone--he did not do it for the

purpose of defrauding the Government. They say to him, "Don't you know

that you left out not only the amount of the bid, but the name of the

bidder?" He says, "Whatever I did, whether I left out the amount of

the bid or the name of the bidder, I did not do it for the purpose of

defrauding the Government; I had no such idea, no idea of defrauding the

Government by leaving any blank or any blanks." He did the work. Stephen

W. Dorsey left no blank; A. E. Boone left every blank; and yet they

brought him forward to prove that that was the result of a conspiracy;

and after he comes upon the stand he swears, "I left those blanks

myself; I always left them in proposals exactly in that way; and whether

I left out the amount of the bid or the name of the bidder, I did not

do it to defraud the Government; I did it simply to protect myself, as I

had the right to do." So much for that. That is gone.

So, speaking of these other proposals (the Clendenning proposals) what

does Mr. Boone say--the witness for the Government, the very man who got

up those proposals, the man who wrote them, the man who wrapped them up,

and sealed them? What does he say? "Those proposals were not gotten up

for the purpose of defrauding the Government; I did not send them to

Clendenning for that purpose." That is the end of that. No conspiracy

there.

The object, don't you see, gentlemen, was to show by Boone that he

acted under the direction of Dorsey; that Dorsey was responsible for

everything that Boone did; and that although Boone was guilty of no

crime in leaving the bid blank, still if he did it by authority of

Dorsey, Dorsey had an ulterior motive of which Boone was ignorant. Let

us see.

At page 1554, Mr. Boone swears that Dorsey never told him at any time or

any place that he wanted any blanks left. And yet they were endeavoring

by that witness to saddle that upon S. W. Dorsey. But that witness

swears that Dorsey never even told him that he wanted any blanks left in

any paper, proposal, bid, or bond. He says that Dorsey never at any time

or place told him (Boone) that he (Dorsey) wanted any blanks left, or

any proposals of any particular form printed, to the end that a fraud

might be perpetrated upon the Government--not a word.

And, gentlemen, I am now in that space of time where they say this

conspiracy was born. At page 1567, before Miner got here, Mr. Boone

swears that Dorsey told him that he would advance money for the other

defendants, and Mr. Boone swears that after he got here he never asked

Dorsey for a dollar except through Miner; that Dorsey never gave a

dollar except through Miner.

What more? This is the witness that is going to establish the guilt of

Stephen W. Dorsey. Stephen W. Dorsey never told Boone at any time that

he had any interest whatever in those mail routes. Boone never heard of

it. Dorsey never told him to print a proposal with a blank; never told

him to leave a blank after it was printed; never told him to do anything

for the purpose of defrauding the Government in any way at any

time. This is extremely good reading, gentlemen, when you take into

consideration that this is the witness of the Government, their main

prop until the paragon of virtue made his appearance upon the stand.

Page 1558. Another great point: That in preparing the subcontracts,

Dorsey having it in his mind to conspire against the Government, or

really having conspired, according to their story, wanted a provision in

a subcontract for increase and expedition.

Why, it strikes me, gentlemen, that that is evidence of honesty rather

than dishonesty. If these subcontracts were to hold good during the

contract term, and if in the contract given to the contractor by the

Government there was a clause for increase and expedition, why should

not the subcontract provide for the same contingencies that the contract

provided for with the Government? That looks honest, doesn't it?

It was advertising the subcontractor that the moment he signed his

subcontract the trips were liable to be increased and the time was

liable to be shortened, and that if the time was shortened or the trips

increased the pay was to be correspondingly increased. But I will go on

with the testimony.

Page 1558: In preparing the subcontract Mr. Dorsey instructed Boone to

provide for an expedition clause. That was a suspicious circumstance.

What for? To conform to the expedition clause in the contract with the

Government. If making it like the Government contract is evidence of

conspiracy, the fact that the Government contracts have that clause is

evidence that the Government conspired with somebody. It is just as

good one way as the other. The Government made a contract with the

contractor, the contractor made one with the subcontractor, and

the contractor so far forgot his duties, so far forgot his moral

obligations, that he made it just the same as his contract with the

Government. Gentlemen, is there any depth of depravity below that?

Absolutely copying the contract that the Government was going to make

with him, and treating the subcontractor, so far as the contract was

concerned, as the Government had treated him, he (Boone) prepared a

clause which he thought filled the bill, and which he still thinks, I

believe, would have been better to use than the other. When he showed

that to Stephen W. Dorsey, Dorsey suggested another form. It was the

same thing exactly, but in different words. There was the testimony I

have read to you, and now here is what Mr. Bliss states about it at page

4865:

But Stephen W. Dorsey, away back there, knew sufficient about expedition

to appreciate the importance of keeping for the contractors thirty-five

per cent, and giving to the men who were performing the service only

sixty-five per cent.

Why not? Is that a crime? Suppose I agreed to carry the mail four years

for $10,000 a year and I subcontract with another man. Have I not the

right to get it carried as cheaply as I can? I just ask you that as

a business proposition. Or has every mail to treat this Government as

though it was in its dotage? Must you do business with the Government as

though you were contracting with an infant or an idiot? Must you look

at both sides of the contract? That is the question. The Government, for

instance, advertises for so much granite, and I put in a bid which is

accepted; at the same time I know that I could furnish that granite for

twenty-five per cent. less. Is it my duty under such circumstances to go

and notify the Government that I have cheated it, and that I would like

to have it put the contract down? There may be heights of morality that

would see the propriety of such action, but it is not for every-day wear

and tear. Very few people have it; it scarcely ever comes into play in

trading horses. Must we treat the Government as though it were imbecile?

I say it was a simple business transaction. The Government advertises

for proposals to carry the mail; I make my bid for $10,000, and we will

say that my bid is accepted. Now, I admit that I could carry it for

$5,000 and make money.

Am I criminal if I go on and perform the contract as I agreed and

draw the money? Or suppose the people along the route do not want it

expedited and increased, and so I talk to them about it; I go to Mr.

Brown and say, "Mr. Brown, you are living in this smart, thriving town,

and you need a daily mail." I go to the next village and I say, "Why,

gentlemen, you will never have a town here until you have a daily mail;

I am the fellow now carrying the mail." And I keep talking about it,

you know, and finally get a fellow to get up a petition, or I write one

myself, and send it around, and say to them, "Gentlemen, what you want

is more mail, faster mail; the mail is the pioneer of civilization,

gentlemen; have a daily mail, and along the line at once towns and

villages and cities will spring up, and all the hillsides will be

covered with farms, and school-houses will be here, and wealth will be

universal." Any crime about that. Every railroad has been built just

that way. Every park has been laid out in every city by just such means.

Nearly every street that has been improved has been improved in that

way, by men who had some interest in the property, by men who were to

be benefited by it themselves, and who ought to be benefited. Should the

men that get the public attention in that direction be benefited, or

the men who do nothing? I say that the men who give attention to the

business have a right to be benefited by it. And yet here is the crime,

gentlemen. And then we only gave these fellows sixty-five per cent, and

took thirty-five ourselves, because we were bound to the Government

to fulfill the contract, as was explained to you so admirably, so

perfectly, by Judge Wilson. The contract was to run for four years, and

I believe in a certain contingency for six months thereafter. We had

to carry out the contract, whether the subcontractor carried out his

contract with us or not.

Now, this is what Mr. Bliss says:

So, after a large mass of subcontracts had been struck from the press,

which gave to the subcontractors all the increase--There never was a

subcontract that gave to the subcontractors all the increase; there is

no evidence that there ever was such a subcontract, he--That is, Stephen

W. Dorsey--directed them to be put back on the press.

I should think he would. If he found any subcontracts were printed that

gave to the subcontractor all the increase, I do not wonder that he had

them destroyed.

Here you get, we will say, a contract for ten thousand dollars for one

trip, with the agreement that if there are two trips the compensation

shall be twenty thousand dollars. Thereupon you make a contract with a

subcontractor, and you agree in that subcontract that he shall have all

the increase. Of course, you want that made over again; of course, you

would not make that kind of a subcontract.

He directed them to be put back on the press, and this provision giving

the subcontractor his money struck out and this other clause put in.

Gentlemen, that is an entire and absolute mistake. There is no such

evidence, there never was in this case, and I take it there never will

be. The evidence was--and you remember it; and you remember it; and

you remember it; and you [addressing different jurors]--that Stephen

W. Dorsey allowed to the subcontractor sixty-five per cent, of the

expedition, and that same subcontractor provided what he should have for

one trip, and what he should have for two trips; that is to say, what

he should have for increase; and it provided at the same time for

sixty-five per cent, on expedition. Mr. Boone swears it; others swear

it. Not only that, but it is printed in the record again and again and

again. Why did Stephen W. Dorsey do that? I can tell you why: He did

not. Why did Stephen W. Dorsey do that, if it was not because his

fertile imagination had already conceived the plan of defrauding the

United States, and he was making an arrangement by which that fraud

could be consummated? How would that help him consummate a fraud?

Suppose he struck out all the per cent, to the subcontractors; suppose

he had not had any subcontract printed; suppose the subcontract

was printed, and printed on purpose to deceive and defraud the

subcontractors; how does that show that he was trying to defraud the

United States? Why, if it proves anything it proves the other, that he

had not entered into a conspiracy by which he could get the money from

the United States, but had endeavored to get it from the subcontractors.

If it proves anything it proves that. But the reason it does not prove

anything is because the statement is not correct.

Now, just see how a conspiracy can be built of that material. A man that

can do that can make a cover for Barnum's Circus with one postage-stamp;

he can make a suit of clothes out of a rabbit-skin; he can make a grain

of mustard seed cover the whole air without growing.

That is given as an evidence that Dorsey had conspired. There is not

a thing on the earth that he could have done that would not prove

conspiracy just as well as that--just exactly--no other act. Humph! That

is the way they build a conspiracy.

Why not take another step? Why not have a little bit of ordinary good

hard sense? On the 17th day of May, I believe, 1878, the act was passed

allowing the subcontractor to put his subcontract on file. Now, that

contract ought to provide for all the contingencies of the service, so

that if the trips were increased the Government would know how much to

pay that subcontractor; so that if the time was expedited the Government

would know how much to pay the subcontractor. The subcontract ought to

have been made in that way, and it would be perfectly proper to make it

in that way.

I once went to see a friend of mine who had the erysipelas and who was a

little crazy. I sat down by his bedside, and he said, "Ingersoll, I have

made a discovery; I just tell you I am going to be a millionaire." Said

I, "What is it?" He says, "I have found out that if four persons take

hold of hands after they have had a hole made in the ground and put a

piece of stove-pipe in it, and then run around it as hard as they can

from left to right, a ball of butter will come out of the pipe." Now,

I think that is about as reasonable as the way conspiracies are made,

according to Mr. Bliss.

Now, we come to Mr. Boone (page 1560). He says that the action he had

taken was upon his own responsibility, and that at no time had any

papers been gotten up with any view of defrauding the Government. That

was good.

I am like the Democrat who said, after hearing the returns from Berks

County, "That sounds good." Then, here is a question asked him:

Q. I understood you to say that the contract was made between you and

somebody, fixing your interest in all this business?--A. Yes, sir.

Q. Do you recollect about the date of that?--A. I think it is on the day

John W. Dorsey got here in Washington.

On page 1561 he swears that at the time Boone made that contract with

John W. Dorsey he and Dorsey had not conspired to defraud the Government

in any way, nor did they ever do so after that contract was made. When

was that contract made? It was made on the 15th day of January, 1878.

Who made it? John W. Dorsey of the one part, and Albert E. Boone of the

other. And they tell exactly what that contract was for. Here is the

contract, on page 1561, and this shows that the statement of Stephen W.

Dorsey, that the matter was deferred until John W Dorsey should come, is

absolutely correct:

That the parties to this agreement shall share in all the profits,

gains, and losses as follows: John W. Dorsey shall have two-thirds and

Albert E. Boone, share one-third.

Now, gentlemen, there was the original partnership agreement. Let us see

if that was ever dissolved.

The next contract was made on the 12th of September, 1878.

Now, therefore, in consideration of one dollar in hand paid, the receipt

whereof is hereby acknowledged, I hereby, sell, assign, and transfer

to Albert E. Boone all my said two-thirds interest in the routes in the

name of said Boone in the States of Texas, Louisiana Arkansas, Kansas,

and Nebraska, and in the name of said Dorsey in the States of Texas,

Louisiana, and Arkansas.

The reason he did that was because Mr. Miner had made a contract with

Boone to that effect; and probably I had better read that now so that

you will have it exactly and know what we are doing. I read from page

1569;

Washington, D. C, August 7, 1878.

Whereas A. E. Boone has this day, for the purpose of saving a failure

in the routes in the name of John R. Miner, John M. Peck, and John

W. Dorsey--"For the purpose of saving a failure," recollect. Although

Stephen W. Dorsey, according to the prosecution, was a conspirator, and

although John W. Dorsey was another, and Peck was another, yet on the

7th day of August, 1878, "for the purpose of saving a failure," they

made this: assigned to John R. Miner his one-third interest in the

routes in their names, now, therefore, I, John R. Miner, agree that John

W. Dorsey shall assign his interest in routes in the name of A. E. Boone

in Kansas and Nebraska, Texas and Louisiana, and Arkansas; in the name

of John W. Dorsey, in Texas, Louisiana, and Kansas. The latter clause

not guaranteed.

The Works of Robert G. Ingersoll, Vol. 10 (of 12) Dresden Edition—Legal · 第 39 / 52 题