JOHN W. DORSEY,

Subcontractor.

That is the second affidavit. The first was withdrawn. That is, they

had permission to withdraw it, and in the second affidavit is the

interlineation "seven times a week," isn't it? That is simply an

interlineation, because there had been an omission to state the service

that was then being performed or that was to be performed.

Mr. Crane (foreman of the jury). That has puzzled me a good deal, to

understand the motive of those two affidavits.

Mr. Ingersoll. There certainly could not be any motive for putting in

seven or three times a week, for this is simply to make it agree with

the truth. If I give a note to a man for five hundred dollars and should

happen to write in the word "hundred" and not the word "five," and then

should take it back and write in the word "five" above it, that is not a

sign of fraud.

Will somebody give me number 18 K; I just happened to see something

there which may be worth something, or may not.

Now, gentlemen, here is a petition marked 2 A, that Rerdell swears that

the words "schedule thirteen hours" were written in by Miner. In one of

these papers I happened to see the word "schedule." Just notice the word

"schedule" on this paper [exhibiting to the jury,] and then have the

kindness to look at the word "schedule" in this other one [exhibiting

to the jury,] and see whether you think one man wrote them both. Rerdell

says he wrote the word "schedule" in that one [indicating,] and that

Miner wrote the word "schedule" in this other one [indicating.]

Now, gentlemen, there is another charge against John W. Dorsey, on

route 38145, and upon that route he made two affidavits. In the first

affidavit he swore it would require three men and seven animals on the

schedule as it then was, and that makes ten; that with the proposed

schedule it would take eleven men and twenty-six animals, making

thirty-seven. Now, if it took ten on the schedule as it then was,

and thirty-seven on the proposed schedule, then the Government, which

accepted that affidavit, would have to pay him three times and

seven-tenths as much, which is the relation between ten and

thirty-seven. The proportion then is three and seven-tenths. On the

first affidavit his pay would have been twelve thousand nine hundred and

thirty-five dollars and fifty-two cents a year.

Now I come to the second affidavit, which said that for the schedule

as it then stood ijt would take twenty men and animals. On the proposed

schedule he said it would take twelve men and forty-two animals, making

fifty-four. Now, the ratio of the second affidavit was as twenty is

to fifty-four. The ratio in the first affidavit was as ten is to

thirty-seven, so that under the second affidavit, which they say was

willful and corrupt perjury, he got eight thousand four hundred and

fifty-seven dollars a year instead of twelve thousand nine hundred and

thirty-five dollars and fifty-two cents. There were three years for the

contract to run, and a little over. Under the first affidavit he would

have received thirteen thousand nine hundred and ninety-two dollars and

seventy-five cents during the contract term more than he took under the

second. An affidavit was put in there that he thought was erroneous. He

withdrew that affidavit and put in a second one. If he had allowed the

first to remain and they had calculated the amount on the first he would

have received thirteen thousand nine hundred and ninety-two dollars and

seventy-five cents more than he did under the second affidavit. But he

withdrew the first and put in the second, and took from the Treasury

thirteen thousand nine hundred and ninety-two dollars and seventy-five

cents less, and they charge that as a fraud, as an evidence of

conspiracy and perjury. Now, that is all there is against John W.

Dorsey.

On page 4090 John W. Dorsey swears that General Miles wanted to know how

far apart he (Dorsey) was building the stations on the Tongue River and

Bismarck route. Let us turn to page 4090. You know they were trying to

prove that when John W. Dorsey went out there and built the ranches

that he was going to build them about fifteen or seventeen miles apart,

because it was claimed that they knew there was to be increase and

expedition. You remember that. Now, when John W. Dorsey came upon the

stand he swore that when they went out there they started to build

those stations, I believe, somewhere in the neighborhood of thirty or

thirty-five miles apart, as they could get water. Then he swore that

when he went himself over, I think, to Miles City, where General Miles

was, that General Miles asked him how far he was building his stations

apart. John W. Dorsey told him. Then General Miles gave him his advice.

Now, I want to read this to you. I asked him this question:

Q. When you got to Fort Keogh did you go to see General Miles?--A. Yes,

sir.

Q. Did you have any conversation with him in regard to this route, with

regard to the needs of the country for mail service; and, if so, what

was it? A. I told him all about the business generally. He seemed to

understand it pretty well. He wanted to know how far apart we were

building stations. I told him. He wanted to know how often the mails

would run, and I told him it would be weekly service, I thought. "We

have been pent up here two or three years," he says, "with mails from

eighteen to twenty days apart, reaching us by the way of Ogden and

Bozeman." And he says, "We can get it in seven or eight days over this

line." And now I would like to say that he did not say that he knew

there would be an increase, but he said he should like to have it

increased to three trips a week, or daily, and fifty hours' time. I told

him there was no use to try to get it at all; that it could not be done

at present; that nobody knew the distance through that country; that we

expected to have it measured; that it was claimed by everybody that it

was a good deal more than two hundred and fifty and probably over three

hundred miles, and nobody would undertake to carry it. Said I, "If

you extend it the contractor can throw up his contract and you will be

without any mail." He said, "We are going to ask for what we want, but

we will take what they will give us."

"Your stations are too far apart; you can't run any fast time with your

stations so far apart; you want more stations, and nearer together." The

result was that when I went back I met Mr. Pennell, who had built the

stations thirty to thirty-five miles apart, and going back we put in

intermediate stations. We only carried out lumber enough from Bismarck

to build eight or nine stations, for the windows, &c.; we did not think

of building any more at that time. Mr. Pennell says the order was to

build the stations seventeen to twenty miles apart in going out. That

is no such thing. There was not a station built going out closer than

thirty to thirty-five miles.

Q. What, if anything, did General Miles say that convinced you that you

ought to build stations nearer together?

Then he testifies that on account of what he said he did this, and that

he had no instructions from Washington.

That is the testimony. Mr. Bliss endeavored to frighten the witness by

stating in his presence that he (Bliss) did not believe General Miles

would swear to any such thing, judging, of course, from the conversation

that he (Mr. Bliss) had had with General Miles. Notwithstanding that

threat, John W. Dorsey, confident that he was telling the truth, knowing

that he was telling the truth, told his story, and the Government never

brought General Miles to contradict him.

Now, the next thing about John W. Dorsey is the conversation that he had

with some men in July or August out on the road, that I have spoken to

you about before. Nothing could be more perfectly improbable. It may be

that he did tell some man that he was a brother of Senator Dorsey, and,

perhaps, he did say that if he got into a tight place or hard up for

money he could borrow money from his brother. I do not know what he may

have said on that subject. But, gentlemen, there is not a man on this

jury, not one of you, who has the slightest suspicion that John W.

Dorsey at that time told those men substantially that his brother was in

a conspiracy with the Second Assistant Postmaster-General, and that

he, John W. Dorsey, was also a conspirator. There is not one of you who

believes that, not one, and you never will. Why not? Because it is

so utterly and infinitely unreasonable and absurd. Now, that is the

evidence against John W. Dorsey. My attention is called to one other

point in his case, and so I will call your attention to it.

Mr. Bliss, gentlemen, on page 243, in speaking of the two affidavits on

the Pueblo and Rosita route, says:

We find this extraordinary condition of things. On route 38134, from

Pueblo to Rosita, which, I think, is the same route upon which the

obliging Mr. John W. Dorsey, as I have just stated to you, was allowed

to make the affidavit instead of Mr. Miner.

Now, he goes on to describe these two affidavits, and then he says:

Those two affidavits were before Mr. Brady, made by John W. Dorsey on

the same day, and yet Mr. Brady chose to pick out one or the other of

them and say, "I believe that as the absolutely conclusive statement of

the number of men and animals that are now in use upon that route,

and upon that affidavit I will make my order taking from the Treasury

thousands of dollars of money." You will see that the first affidavit

made the number two men and six animals, making eight as the number of

stock and carriers then in use; but the other one called for three

men and twelve animals, making fifteen as the number then in use, and,

therefore, according as he accepted one or the other, by the rule of

three, to which I called your attention just now, there would be twice

the amount of money allowed from the Treasury under the one affidavit

that there would be under the other.

Just think of that, gentlemen. The number of men and animals then in use

has nothing to do with the number of men and animals stated in the other

affidavit; those amounts bear no relation to each other. The number of

men and animals in use in the first affidavit, and the number that would

be necessary on the next schedule, do bear a relation to each other. The

number of men and animals on the second affidavit on the then schedule

bears relation to the proposed number on the proposed schedule, and

not to the number on the other affidavit. And yet Mr. Bliss stood right

before you, with those two affidavits that would take the same amount

of money out of the Treasury, to a fraction, precisely the same--not the

difference of the billionth part of a farthing--and stated to you that

one would take twice as much money from the Treasury as the other. You

will think that he is as defective in mathematics as in law. I say to

you now that the amount that would be taken out of the Treasury on those

two affidavits is precisely the same.

I did not think that anybody could excel Mr. Ker in mathematics, but Mr.

Bliss bears off the palm. He bean, off the palm even in misstatement,

and bears off the palm in mistake. The two affidavits would call for the

same amount of money precisely, and yet Mr. Bliss stands up before you

and says there is twice as much on one as the other. Now, what is that

for? That is to prejudice you: that is all.

Gentlemen, you saw John W. Dorsey; you heard his testimony; you know

whether he is a man to be believed. It is for you to judge whether he is

honest or dishonest, and I leave his testimony with you. It was direct;

it was to the point; and his manner on the stand was absolutely and

perfectly honest.

Now, there is another point made. You know you have to think of these

things as you can, and step on them and then go on. Another point is

made, and it was urged by Mr. Bliss day after day. And what is that?

That Mr. Brady took the affidavits of all these men as absolutely true;

that he allowed them to fix the limit of the money they would take out

of the Treasury; that he allowed interested men to make the affidavits,

and then he took the affidavits as absolutely true; that he allowed the

contractors themselves to fix the sum they would seize. Now let us see

what that is. Mr. Brady swears that he regarded the affidavit as the

honest opinion of the man who made it, but not as necessarily true;

that he had a standard of his own. Your views upon all such

questions, gentlemen, will depend upon which side of human nature you

stand--whether you are a believer in total depravity, or whether you

think there is a little virtue left in human nature. If you stand on

the side of suspicion, if you allow the snake of prejudice to forever

whisper in your ear, why, your idea will be that every man is a rascal;

and whenever he does a decent action you will say, "This action is a

little velvet in the paw for the purpose of covering the claw of some

devilment that he has in store." If you judge from that side you can

torture any act, no matter what it is, into evidence of guilt. But you

may judge from the other side and say that men, as a rule, are decent;

that they would rather do a kind act than a mean thing; that they would

rather tell the truth than tell a lie. I tell you to-day that there is

an immensity of good in human nature. There are hundreds and thousands

and millions of men to-day who are honest, who would not for anything

stain the whiteness of their souls with a lie. They are laboring-men, it

may be, working by the day for a dollar or a dollar and a half, and only

taking enough of it to keep life and strength in their bodies and giving

the rest to wife and child. And there are battles as grand as were ever

won by a celebrated general, and just as bravely fought, with poverty

day after day; and the man who fights the battles gains the victory and

goes down to the grave with his manhood untarnished. You know it, and so

do I. And yet you are all the time told to suspect everything, no matter

what it is. There is a flower there; ah, but there is a snake under it!

Always making that remark; accounting for every decent looking action by

a base motive. That is not my view of human nature.

Now, Mr. Brady says that he had a standard of his own; that he let these

men make their statements, and he took their statements as being what

they believed to be the truth. And why not? Suppose I say to a man,

"What will you take for that horse?" And the man says, "That horse is

worth a hundred dollars." Suppose he goes and swears to it; that would

not make any difference in the price I would give for the horse, not a

bit. You see I am not buying an affidavit, I am buying a horse. So, when

Brady says to the contractor, "What will you carry the mail at six miles

an hour for?" and the man says "Twenty-five thousand dollars," and he

swears to it, Brady is not buying the affidavit; it is the service. If

he does not believe the service is worth that much, he says, "I can't do

it," and that is all. But they say "No; that is not what Brady did."

Now, as a matter of fact, there are nineteen routes in this indictment,

and I believe eighteen of them were expedited. I have made a calculation

for the purpose of showing that the amount to be paid was a matter of

bargain; that it was a matter talked over between the parties; that

it was the result of agreement, and that Mr. Brady did not take the

affidavit as the actual amount, and that they were not bound to take the

amount that he actually said. Now, I have deducted what was allowed

from what could have been allowed on the affidavits, and I find that

the price did not depend upon the affidavits. I find that there was

a difference between the amount called for by the affidavits and the

amount granted of over three hundred thousand dollars. And yet these

gentlemen say to you that Brady allowed the men who made the affidavits

absolutely to fix the amount. Gentlemen, that will not do. It was

a matter of agreement, a matter of bargain, the same as any other

agreement or any other bargain.

Now, gentlemen, suppose they had had a conspiracy and said, "We want to

get all the money we can out of the Treasury." They would have agreed

upon a per cent.; they would have had all those affidavits showing

substantially the same per cent., wouldn't they? Because they would have

wanted harmony in it. They would have said, "It won't do for you to make

an affidavit on that route with one thousand two hundred per cent., on

this route with five hundred, on that route with two hundred and twenty

per cent., and on the other route with three hundred and forty per cent.

That won't do; that is nonsense; we are in a conspiracy and we want all

these things to agree and harmonize." And the result would have

been that they would have had about the same per cent, in all those

affidavits. And yet those affidavits vary in per cent, all the way from

two hundred and twenty to one thousand two hundred. They say, "Result of

conspiracy." I do not look at it in that way.

It is also claimed that the persons who sold out--that is to say, John

M. Peck and John W. Dorsey--agreed to make the necessary papers that the

other parties required. That being so, why should not affidavits have

been made in blank? Now, I ask you if the other parties were willing to

swear to anything that these men would write, why were they made that

way? Why not avoid the suspicious circumstance of blanks and put the

amount in at first, knowing that the men would not hesitate to swear? Of

what use was it, gentlemen, to have an affidavit suspiciously made, to

have blanks suspiciously left, when the men were willing to swear to

any numbers they would put in? Why did not the parties who made the

affidavits write in the amounts? Does not that very fact, that blanks

were left, show that they were to take the judgment of the men who were

to do the swearing? Why would they leave blanks? Why did they not fill

them up at the time and have them sworn to?

Why were they not continuously written? That is another point, if this

was a conspiracy. Guilt is always conscious that it is guilty. Guilt is

always suspecting detection. Guilt is infinitely suspicious. Guilt would

make all the papers as nearly right as possible. Guilt would look out

for erasures. Guilt would abhor blots. Guilt would have avoided

having blanks filled in with different colored inks. Guilt would

want everything fitting everything else, nothing to excite suspicion.

Innocence is negligent. The man with honest intentions is the one that

does not care. But the guilty man does not travel in the snow. He wants

no tracks left.

Now, another thing: The fact that no effort was made to have the

affidavits in the same handwriting, no effort to have the blanks

apparently filled at the same time, that they were interlined, that

there were erasures--all those things tend to show that the parties

were honest in what they did. It was just as easy to have one without an

erasure as with it; ii was just as easy to have one continuously written

as to have the blanks filled up; just as easy to have one without any

interlineations as with it. And yet these parties, knowing that they

were conspirators (according to these gentlemen), Mr. Brady occupying

a high and responsible position, were so careless of their reputations,

that they did not even endeavor to make the papers passable upon their

face.

Another thing: These very routes were investigated by Congress in

1878--this very business. If the parties at that time had been conscious

of guilt, why were any suspicious papers left on file? Why were not

others substituted that had no suspicious interlineations, no suspicious

erasures, no suspicious blanks that had been filed? Why were these very

affidavits at that time reported to Congress?

The first investigation was in 1878, and on account of that

investigation the contractors for about a month and a half were left.

Then there was another investigation in 1880.

Mr. Merrick. Is there any evidence that they were all reported to

Congress?

Mr. Ingersoll. I think so; I think that is here in the record. I

understand the evidence to be that it was all reported to Congress.

Mr. Merrick. The investigation of 1880 was general, and not as to these

particular routes.

Mr. Ingersoll. In 1878 there was a special investigation growing out

of these Clendenning bonds and out of the Peck bids, and out of the

connection that they said Stephen W. Dorsey had with this business. That

is what it grew out of. Now, in the light of that investigation, let us

take it for granted for one moment that according to their statement the

parties had conspired. If anything on earth would make them afraid about

papers I think it would have been that investigation; and yet no effort

was made to conceal one, not the slightest.

Then we will go another step. General Brady was Second Assistant

Postmaster-General. All these papers were absolutely in his power. He

could have called for them at any time. Every suspicious paper could

have been destroyed or an unsuspicious one substituted for it.

Now, I want to know if it is conceivable that General Brady, under these

charges, when the new administration came in, under the threat of the

Government, would voluntarily leave those papers upon the files if they

had been dishonest and he knew it?

Take another step. So far as we have learned from the prosecution I

believe there is one paper claimed by them to have been lost. They do

claim that there was a second affidavit on the Bismarck and Tongue River

route. One is gone and one remains. Which remains? The affidavit for

one hundred and fifty men and one hundred and fifty horses. It seems to

me absolutely capable of demonstration that we did not take the one that

is gone. Had we been going to take anything we would have taken the one

for one hundred and fifty men and one hundred and fifty horses, and

left the other. But the other, about which nobody ever did complain, was

taken, and the one upon which they build their great argument of fraud

upon that route was left. And then it turned out that General Brady only

allowed forty per cent, of that affidavit.

Now, this prosecution was not begun in a moment. It was talked about for

weeks and months, I might almost say for years. Talk, talk, talk in

the papers everywhere. These men were not suddenly charged with this

offence. They understood it; they knew it. I think I have been engaged

in this suit, or suits growing out of this business, for two years. It

was a matter of slow growth. Mr. Brady retired, I believe, some time in

April, 1881, knowing at that time that these charges had been made and

that the charges were being pressed. Mr. Dorsey knew it at the same

time. All these defendants knew it. Now they say that at that time we

were in conspiracy with Mr. Brady, and they say that at that time we

were in conspiracy with Mr. Turner. We had the papers in our power.

Now, if Mr. Dorsey was wicked enough to conspire, if Mr. Brady was

villainous enough to conspire, I ask you whether they would have left

behind the evidence of their conspiracy? Why were the papers left?

Because General Brady never dreamed that one of them was dishonest.

Why did not Vaile and Miner, John W. Dorsey and Peck and Stephen W.

Dorsey ask for the papers? Because they believed every one to be honest,

and they had no use for them. They were willing that the Government

should make out of them what it could. I ask again, is it conceivable

that John R. Miner, if he knew there was on the files of the department

a petition that he had changed, that he had erased, that he had

interlined or forged, is it conceivable, if he had been wicked enough

to enter into the conspiracy, that he would have been foolish enough to

leave the paper there? Would he not have gone to Brady and said to him,

"I conspired; you know it; I changed the petition, and I want it; I

erased a word in a petition, I want it; I signed a name to a petition, I

want it"? And Brady would have said, "Yes, and you ought to have called

for it long ago; you can have it." If S. W. Dorsey had interlined an

affidavit or had filled a blank, if S. W. Dorsey had made an erasure

or an interlineation, he, of course, must have known it, and if he

conspired with Brady he must have known it, and he must have gone to

General Brady and said, "I want that affidavit on such a route; we can

write another, and I want that; I want that petition;" and it would have

been given. You cannot conceive of such infinite stupidity as to say

that those people knew that those papers were dishonest, and that they

still left them on file as weapons for their enemies. You cannot do it.

So much, gentlemen, for the affidavits, and so much for the papers.

Now, there is another question, and I have no doubt that you have asked

it yourselves. It has been asked a great many times by the prosecution.

That question is this: Why did Dorsey retain Rerdell in his employ after

the 20th of June, 1881? These gentleman tell you that it is evidence of

guilt that he did it. I will tell you why he did it. At that time the

public mind was almost infinitely excited on this question. At that time

the public was ready to believe anything. It had its mouth wide open,

like a young robin, ready for worms or shingle-nails--it made no

difference--anything that dropped in. Every newspaper was charging that

these defendants were guilty, that Stephen W. Dorsey was a conspirator,

that millions had been taken from the Treasury, and there were nearly as

many mistakes in the press then as in the speech of Mr. Bliss now. But

I can excuse that, because it was before the evidence. Now, what was Mr.

Dorsey to do in the then state of the public mind? That man, no matter

how bad he was, how base he was, had the power to have him indicted.

That man could have gone before the grand jury and had Mr. Dorsey or any

other public man indicted in the then state of excitement and feeling of

the public. What was the result of his going even to James and MacVeagh?

I believe Mr. Turner says that on account of the statement of this man

Rerdell, he (Turner) was turned out of his office. That is the effect.

What became of McGrew? What became of Lilley? What became of Lake? What

became of twenty or thirty other officials upon whose reputation this

man had breathed the poison of slander? Stephen W. Dorsey at that time

knew that that man in the then state of public excitement was powerful

for mischief. That man made the affidavit of June, 1881, at the request

of James W. Bosler, as he himself says, and swore that he went to the

Government simply to find out the Government's secrets; swore that he

was still upon the side of Stephen W. Dorsey; took back what he had

said, and swore that it was a lie. The question then was what to do with

him? Stephen W. Dorsey made up his mind not to do anything more, just to

let him alone, just let him stay as he was. That was the wise course.

It was the course that any wise man, in my judgment, would have pursued

under the circumstances. What else could he do? Let him alone. Let him

alone. He did not at that time expect that he would ever be indicted. He

shrank from an indictment, as every sensitive man does, because when you

have indicted a man you have put a stain upon him that even the verdict

of not guilty does not altogether remove. He did not want that stain.

He was a man of power; he was a man of position, a man of social and

political standing, a man wielding as much influence as any other one

man in the United States. He did not wish to be indicted. He did not

wish his reputation to be soiled and stained. And so he allowed that man

to stay where he was. He may have made a mistake, but whether mistake or

not, that is what he did.

There is another question. Why did we fail to produce our books and

papers? I will tell you. The notice to produce them was given to us

on the 13th day of February. We had noticed curious motions. Two days

afterwards, Mr. Rerdell went on the stand. What did they want the books

and papers for? For Mr. Rerdell to look at. Why did he want to look at

the books and papers? To stake out his testimony. He hated to depend

upon his memory. We took the responsibility of letting the witness

swear to the contents of the books and papers, and let them call that

secondary evidence. We took that responsibility rather than to furnish

the books and papers to be looked at by that man in order that he might

make no mistakes in his testimony. What happened afterwards justified

our course. If we had shown to him the books and papers, and checks,

and stubs, do you think he would have made any mistake about that seven

thousand five hundred dollar check? Would he have said that he went

with Dorsey, and that Dorsey drew the money, and that he looked over

his shoulder, and that then he and Dorsey walked down to the Post-Office

Department, if he had known that that check was drawn to his order? If

he had known before he swore, that he indorsed that check, he would have

said he went down and got the money himself; he would not have said that

Dorsey did. He would have made no mistakes there. He would not have

been driven into the corner of saying "stub" or "stubs," "checkbook"

or "check-books," "amount" or "amounts." No, sir. And that one thing

justified absolutely the wisdom of our course.

Then the Court decided that, having failed to produce our books on

notice and allowed the other side to introduce secondary evidence of

their contents, we would not be allowed then to produce them. I insisted

that we had the right then to produce them, and the Court decided that

we had not. We took the responsibility of refusing, and we took that

responsibility because we made up our minds that we would not allow

that man to look over the books, checks, and stubs for the purpose of

manufacturing his testimony.

The Court. Where did you offer to produce the books?

Mr. Merrick. Where did you offer the production of the books? That is

just what I was about to ask.

Mr. Carpenter. The Court said we could not.

Mr. Merrick. Where did you make the offer?

The Court. I want to know.

Mr. Carpenter. Mr. Ingersoll did not say he made the offer.

Mr. Merrick. I think he did.

The Court. I think he did.

Mr. Carpenter. Just read it, Mr. Stenographer. He says nothing of the

kind.

The Works of Robert G. Ingersoll, Vol. 10 (of 12) Dresden Edition—Legal · 第 44 / 52 题