Chapter M: C. Rerdell (1)

Now, gentlemen, he comes on the stand and swears that he made this affidavit, not being overpersuaded by Bosler, but because Dorsey with tears and groans besought him to make it. Yet on the 5th of July, 1882, he says he made it because he was overpersuaded by Bosler, and he says, too, "Had I remained with the Government my reputation would have been clear, and I have every reason to believe I would have had a good position." He says, "I have another opportunity to be entirely relieved from the indictment." These gentlemen say he never was promised immunity. That simply shows you cannot believe Mr. Rerdell when he is not under oath, and what he has sworn to here shows you cannot believe him when he is under oath.

Now I come to the affidavit. I will not spend a great deal of time upon it. Mr. Rerdell, with extreme ease, without the slightest hesitation, went through that entire affidavit, picking out with all the facility imaginable, every paragraph written by Dorsey and every paragraph written by himself. I was astonished at his exhibition of memory. I finally asked to look at the copy of the paper he had, and when I got that in my hand I found that every word that he swore was written by Dorsey had been underscored with a blue pencil. That accounted for the facility with which he testified. I found afterwards that that paper had been given him by Mr. Woodward and that he had gone through and marked such portions as Mr. Dorsey wrote, according to his testimony, or had marked those that he wrote, leaving the others unmarked, so that at a glance he could tell which way to swear. Before I get through with the papers in this case there is another thing to which I want to call your attention. All the papers as to which witnesses were called on the subject of handwriting are marked. I will show you that every one has a little secret mark upon it, so that the man who swore might know which way to swear simply by looking at the signature and at no other part. There has been a great deal of preparation in this case.

Now, Rerdell swears as to the parts of the affidavit that Dorsey wrote and the parts that he wrote. His object in swearing was to entirely relieve Messrs. James and MacVeagh from having made any bargain with him to steal Mr. Dorsey's books, and to entirely relieve them from any suspicion, as well as to relieve every other official of the Government from any suspicion of having promised him any pay in any shape or manner for the making of this affidavit. He swears in the first place, that Dorsey wrote this:

My story captured them completely, and I took occasion to refer to the steamboat route and the Jennings' claim. Mr. James remarked that he knew all about the Jennings' matter, that Jennings had been badly treated, and he ought to get the money, and should; that he would investigate the steamboat route and see if anything could be done; that that was the worst part, and his special agents had reported it; nevertheless he would see if something could not be done.

On page 2506, in his cross-examination, Mr. Rerdell swears that the words--Mr. James remarked--were not written by Dorsey, but were written by himself. On the same page he swears that the words--That Jennings had been badly treated--were not written by Mr. Dorsey, but were written by himself.

On his examination-in-chief he swore that these words were written by Dorsey.

On his examination-in-chief he swore that Dorsey wrote this:

And to further deceive them and learn their plans, carried the letter-book containing--And then he wrote--the much-talked of Oregon correspondence.

Afterward, when cross-examined, he swears, I think upon the same page, 2506, that he himself wrote the words:

Carried the letter-book containing.

That Dorsey did not write them. He also swears in his examination-in-chief that Dorsey wrote these words:

Making only one mistake, or rather slip, by which Mr. MacVeagh could, as a good lawyer, have detected me, and that was by stating that I had kept a set of books.

On his examination-in-chief he swears that Mr. Dorsey wrote those words. On cross-examination he admits that Dorsey did not write them and that he wrote them.

On his examination-in-chief he swears that he wrote this himself:

He said, "Well, Mr. Rerdell, I am in a position where I cannot make promises, but if you will place yourself in full accord with the Government, you shall not lose by it, and I would advise you not to receive any salary from Dorsey this month. It will be all right."

On cross-examination he takes it back, and swears, on page 2503, that Dorsey wrote the words:

It will be all right.

He was afraid those words might be given too wide a significance and might in some way touch the Attorney-General, and consequently he swore that he swore wrong when he swore that he wrote them, and that as a matter of fact Dorsey wrote them. Then, on his examination-in-chief with the marked paper before him, and having plenty of time to manufacture his testimony, he swore that he wrote the words:

He asked me--In his own handwriting, and that Dorsey wrote these words--when I was going to New York to get those books. I replied, "On Sunday night." He said, "Don't put it off too long, as they are all-important."

On his examination-in-chief he swore that Dorsey wrote those words, and on cross-examination he admitted that he wrote every one of those words himself. When he was cross-examined he had not the paper before him. His memory was not refreshed by the blue pencil mark. So on his examination-in-chief he swore that he wrote these words:

As I was about leaving he--Meaning the Attorney-General--said, "Mr. Rerdell, you have put yourself in full accord with us, and I have this to say, you shall be well taken care of and your matters shall be attended to."

On cross-examination, on page 2500, he swears that Dorsey wrote the words:

Your matters shall be attended to.

But he still admitted that he, Rerdell, wrote the words and put them in the mouth of the Attorney-General:

You shall be well taken care of.

He says in his letter of July 5, 1882:

If I had remained with the Government I have every reason to believe I would have a good position.

What next? Mr. Rerdell, in his examination-in-chief, swears that he himself wrote these words:

The next evening I called on Mr. Woodward to see if he had anything more to say, and he told me a place had been found for my father-in-law, and to give the application to Senator Clayton; to make the application for the Interior Department, as it was best not to put him into the Post-Office Department for fear of criticism; that the appointment should be made at once. It was all arranged. The next day I saw Clayton, who said the same thing.

On cross-examination, at page 2505, he swears that Dorsey wrote a part of this; that Dorsey wrote the following words:

As it was best not to put him into the Post-Office Department for fear of criticism.

When he testified on direct examination he had this marked paper before him; in the absence of the paper, on the cross-examination, he takes his solemn oath that he did not write it, but that Senator Dorsey did. What confidence can you put in that kind of testimony? I would like to have you, gentlemen, some time, or I would like to have anybody who has the slightest interest in the thing, read this affidavit and see whether it is the work of two or the work of one. You let two men write, one writing one paragraph and the other another paragraph, and then you read it; there is no man in the world accustomed to read books that cannot instantly detect the difference in style, the different mode of expression, the different use of language. Nobody can see any difference in the writing; nobody can see the slightest difference in the mode of expression; the sharpest verbal mechanic that ever lived cannot see a joint between these paragraphs. They emanated from the same brain; they were written by the same hand; and if any man, who has ever read one book clear through, will read that, he will see that one person wrote it all. But Mr. Bliss tells you that here is a passage that shows the handiwork of S. W. Dorsey, because Dorsey was a politician:

He also said that you, Mr. President, had told Mr. Dorsey you could not interfere in this investigation and prosecution; that if you did, the public would say that the President and a Secretary, who shall be nameless, but whose name I could guess, had taken the money of the star-route ring while they were in Congress, or the Postmaster-General and Attorney-General had taken it since, and therefore he (Dorsey) must look to the courts for vindication.

That is the passage upon which Mr. Bliss relies, among others, to show that this was formed in the brain of S. W. Dorsey; and yet Rerdell swears that that passage he wrote himself. It will not do, gentlemen.

Now, in order that you may know just about how much force to give to that, let me read you a little from page 2379; and I read this for the purpose of letting you know the ideas that this man Rerdell entertains of right and wrong.

I want you to get at the moral nature of this man; I want you to thoroughly understand him. When you examine these affidavits, when you think of his testimony, I want you to know exactly the kind of nature he has, and I want you to remember that he came here upon this stand and swore in this case that he did not consider that it was wrong to interline petitions; that he did not think it was wrong to fill up affidavits; and that is the reason he made the affidavit of July 13, 1882. Although he then knew that these things had been done, still he did not regard them as wrong. You see it is worth something to get at a man, to get at his philosophy of right and wrong; it is worth something to know how he thinks; why he acts; and when you have found that out about a man, then you know whether to believe him or not.

I believe the jury did look at this paper and saw all the parts that had been marked by blue pencil, and those parts, I believe, he said Dorsey wrote. That is the paper he had before him at the time he testified in chief. But when he came to be cross-examined, not having the paper then before his eyes, he swore in very many important things exactly the other way. We were all astonished at the facility with which he remembered, he pretending to know what parts he wrote and what parts Mr. Dorsey wrote. I want you to understand this man, and before I get through with him, you will. I want you to know him.

Now we come to an exceedingly important thing in this case, in the eyes of the prosecution. It is the principal pillar supporting the testimony of Mr. Rerdell. Without that pillar absolutely nothing is left, everything falls into perjured ruin.

The first question that arises with regard to the pencil memorandum (31 X) is who wrote it, and in order to ascertain who wrote it we must take into consideration all the facts and circumstances that have been established in this case. It is already in evidence, as you remember it, that Rerdell kept a route-book. You will also remember that Mr. Dorsey had books of his own; that he had a bookkeeper of his own, Mr. Kellogg; that Mr. Kellogg swears that he kept those books and that nobody else ever made a scratch of the pen in them; that he kept them up till the fall of 1879; they were then sent to New York; that Mr. Torrey took possession of those books on the 27th of January, 1880, and kept them continuously to the last of April, 1882, and that nobody else ever put a mark in them. That is the evidence. The evidence also is that there was in those books a complete mail account. The evidence is also that in those books kept by Mr. Kellogg were the charges and credits growing out of the purchase of John W. Dorsey's interest and Peck's interest in the mail routes.

Mr. Merrick. Pardon me; point me to that evidence.

Mr. Ingersoll. I will refer to it hereafter. I do not wonder, gentlemen, that they dislike this pencil memorandum.

Mr. Merrick. No, sir; I only want to keep you within correct limits.

Mr. Ingersoll. I understand that. I do not blame anybody for disliking that pencil memorandum.

Mr. Merrick. You can convict Rerdell as much as you like.

Mr. Ingersoll. When you come to show that he is guilty his countenance will light up with the transfiguration of joy. There will be no more delighted auditor than Mr. Rerdell when his crimes are painted blackest. It shows you the moral nature of the man.

Now, as I say, the evidence is that there was a route-book kept; that that route book contained all the information that Mr. Dorsey or any one else would want about the routes themselves; consequently, that there was no propriety in keeping any other set of books. Mr. Rerdell could keep books for himself, but not for S. W. Dorsey. Dorsey had a set of books, and had another book-keeper. Why should he have another set opened by Rerdell? Rerdell kept a route-book that gave him all the information that he could possibly desire.

Mr. Wilson. Rerdell did not handle the money.

Mr. Ingersoll. Of course not; there was no money at that time to handle; they had not got as far as the handle.

Now, there is another little point: Why should Dorsey voluntarily put himself in the power of Rerdell by saying, "I have paid money to Brady"? What was the necessity of it? What was the sense of it? Rerdell was his clerk. Why should he take pains to put himself, the employer, absolutely in the power of his clerk? Why should he take pains to make himself the slave of the man he was hiring by the month? Why did he wish not only to make Mr. Rerdell acquainted with his crime, but to put in the hands of Rerdell evidence written by himself? See, gentlemen, you have got to look at everything from a natural standpoint. Of what use was it to Mr. Dorsey to keep that account? Dorsey at that time had no partner. Dorsey at that time did not have to respond to anybody. Of what use was it to him to put down in a book, "I paid Brady eighteen thousand dollars"? Was he afraid Brady would forget it? Was he afraid he would forget it? Did he want his clerk to help him keep the secret, knowing that if the secret got wings it would render him infamous? Let us have some sense. The Government introduced it. They also introduced a witness to prove that it was in Dorsey's writing. Rerdell swore that it was. Their next witness, Boone, thought part of it might be and part might not be; it did not look right to him; he rather intimated that Mr. Rerdell wrote part of it. And right there the Government dropped. No expert was brought. There were plenty of experts right over here at the Bureau of Engraving and Printing, plenty of experts in Philadelphia and New York, plenty of judges of handwriting. Right up here in Congress were twenty or thirty Senators who sat for six years in the Senate with Stephen W. Dorsey, served on the same committees with him and had seen him write every day; clerks of those committees who had copied page after page of his writing. Not one of them was called. The Government, with its almost infinite power, with everything at its command, brought no expert. That was the most important piece of paper in their case. And yet they allowed their own witness to discredit it; their own witness swore, in fact, that Rerdell had manufactured the incriminating part of it. And yet they sent for no expert to swear to this writing. Don't you believe that they talked with somebody? Has not each one of you in his mind a reason why they did not bring the ones that they talked with? They left it right there without another word. Now, why? Simply because they could get no man to swear, except Rerdell, that this is in the handwriting of S. W. Dorsey. That is the reason.

You know that Rerdell "kept this as a voucher." What for? Was any money paid out on it? No. Was it a receipt for any money? No. But he "kept it as a voucher." You see he was in a difficulty. How did he come to keep it all this time? It would hardly do for him to say that he did not try to keep it, that it had just been in the waste-basket of forgetfulness, and had suddenly come to life by a conspiracy of chance and awkwardness. It would not do for him to say that he made it. So that he had to say that he kept it, and then he had to give a reason for keeping it. What was the reason? He said he "kept it for a voucher." I suppose you [addressing Mr. Greene., a juror] have kept books. Is that what you would call a voucher? Yet that is the reason the poor man had to give. I pitied the man when he got to the point. I am of such a nature that I cannot entirely, absolutely, and perfectly hate anybody, and when I see the worst man in trouble I do not enjoy it much; at least I am soon satisfied, and would like to see him out of it. Here he was swearing that he had this for a voucher.

Now, there are some little things about this to which I will call your attention. Here is the name of J. H. Mitchell. An account was opened with Mitchell, but he does not tell him to charge Mitchell with anything; there is nothing opposite Mitchell's name. How would he open an account with Mitchell without anything to be charged against him or to be credited? He put in the index of the book, "J. H. Mitchell, page 21." You turn over to page 21, and you find Mitchell debtor to nothing, creditor the same--silence. Not a cent opposite the name on either side. Mitchell was not an employee. Mitchell was not a fellow that they were to have an account with by the day. Then John Smith is rubbed out and Samuel Jones written under it. Rerdell says he wrote Samuel Jones. I say he did not. I want you to look at it after awhile and see whether he wrote it or not.

Now, gentlemen, it so happened that when this pencil memorandum was introduced it struck me that the M. C. R. looked a great deal like Rerdell's handwriting, and you will remember that I suggested it instantly, and said to the jury, "Look at the M. C. R." Now, gentlemen of the jury, I want you to look at that M. C. R.; I want you to see how the first line of the M. is brought around to the middle of the letter, and then I want you to see exactly how the C. and the R. are made. Take it, Mr. Foreman, and look at it carefully. And, in connection with that pencil memorandum (31 X), I will ask the jury also to look at this settlement with John W. Dorsey, made in 1879 (87 X), and compare the initials M. C. R. where they occur on both papers. M. C. R. occurs twice, I believe, on this (87 X.) Now look at the formation of the M. C. R. on both papers, Mr. Lowery, and do a good job of looking, too.

Now, gentlemen, this is one of the most valuable pieces of paper I have ever had in this case, and it is as good luck as ever happened. I want you to look at the J. W. D. on that paper, and then compare it with the J. W. D. on this paper; you cannot spend your time better.

I did not suppose I would ever find one paper that would have everything on it. But, as if there had been a conspiracy as to this paper, there is an S. W. D. on this paper which is substantially the same as the S. W. D. on the other. The M. C. R., the S. W. D., and the J. W. D. on both these papers are all substantially the same, and I think when the jury have looked at it they will say they were written by the same hand.

Now, gentlemen, there was the testimony of Mr. Boone that he thinks the upper portion of this pencil memorandum (31 X) was written by S. W. Dorsey; that it looks like his handwriting down to and including "profit and loss," I believe; I may be mistaken; it may be down to "cash;" and then after "profit and loss" come the names of J. H. Mitchell and J. W. D., exactly the same J. W. D. that appears on 87 X.

Now, what paper is that 87 X? That is an account of John W. Dorsey against S. W. Dorsey in 1879. He had been out West to take care of some of the routes, and when he came back he settled, and Mr. Rerdell wrote up the account. That is 87 X, and I proved that it was made in 1879. I believe the prosecution thought at first that it was 1878.

That paper shows that it was manufactured by the one who wrote this paper, and by nobody else.

Now, as I said before, there is no account against J. H. Mitchell. Opposite William Smith there are the figures eighteen thousand. And Rerdell says that he wrote Samuel Jones himself at the suggestion of Mr. Dorsey. Again I ask you, gentlemen, why would Mr. Dorsey give such a paper to Rerdell? Why would he give him this false name? Why would he put himself in his power? It is very natural that he should give the amounts ten thousand five hundred dollars, ten thousand dollars for John W. Dorsey and ten thousand dollars for Peck, because the evidence shows that those transactions actually occurred. The evidence shows, not only in one place but in many, that the ten thousand dollars was paid to John W. Dorsey, the ten thousand dollars was paid to Peck, and that the ten thousand five hundred dollars was advanced at that time by S. W. Dorsey. Consequently that is natural; it is proper. But my opinion is that he never wrote one word, one line of the pencil memorandum. It was all made, every mark upon it, by Mr. Rerdell. He is the man that made it. Did he have it when he went to MacVeagh? No. Did he have it when he went to the Postmaster-General? No. Did he have it when he went to Woodward? No. Did he have it when he made his affidavit in July, 1882? No; or he would not have made it. Did he have it when he went to Mr. Woodward in September? No; or else Mr. Woodward would have taken the stand and sworn to it. Did he have it when he made his affidavit in November? I say no. Who made it? Rerdell manufactured it for this purpose: That he might have something to dispose of to this Government; that he might have something to swap for immunity. He "kept it as a voucher."

Why did not these gentlemen bring Senator Mitchell to show that he had some account with Senator Dorsey in May, 1879? Why did not the Government bring Mr. Mitchell? They knew that their witness had to be corroborated. They knew that the law distinctly says that such a witness cannot be believed unless he is corroborated. They also know that the law is that unless such a witness is wholly corroborated he cannot be believed; that you are not allowed to pick the raisins of truth out of the pudding of his perjury. You must believe him all or not at all. He must be received entire by the jury, or with the foot of indignation he must be kicked from the threshold of belief. They know it. Why did they not bring Senator Mitchell to show that he had some account with S. W. Dorsey in 1879? But we heard not a word from them.

What more? Rerdell says that was either in April, before he went West, or in May, after his return; and at that time, according to his testimony--that is, according to this memorandum--eighteen thousand dollars had been paid to Mr. Brady for expedition. And then following, in the month of June, before the quarter ended, eighteen thousand dollars more. That makes thirty-six thousand dollars paid to Brady. What else? Ten thousand dollars to John W. Dorsey; forty-six thousand dollars that makes. Ten thousand dollars paid to Peck; fifty-six thousand dollars that makes. He had also advanced himself ten thousand five hundred dollars; that makes sixty-six thousand five hundred dollars advanced, and not a dollar yet received from the Government. And that by a man who gave away seventy per cent, of a magnificent conspiracy because he had not the money to go on. All you have to do is to think about this. Just think of the situation of the parties at the time. I tell you I am going to stick to this subject until you understand it.

Mr. Gibbs swears that the name of Mitchell was not in the books when he saw them, and yet those books were opened from this memorandum. Gibbs is the man who has such a control over his mind that he can "try not to remember." When I was a boy I used to hear a story of a man going around saying that nobody could control his mind for a minute; that nobody could think of one thing for a minute without thinking of something else. But there was one fellow who said, "I can; I can think of a thing a minute and not think of anything else." He was told, "If you do it, I will give you my horse, and he is the best riding-horse in the country; if you can say the first verse of 'Mary had a little lamb,' and not think of anything else, I will give you my horse, and he is the best riding-horse in the country." The fellow says, "How will you tell?" "Oh, I will take your word for it." So the fellow shut up his eyes and said:

Mary had a little lamb,
Its fleece was white as snow,
And everywhere that--

"I suppose you will throw in the saddle and bridle?"

Mr. Gibbs is the man who had such control of his mind, and he tells you that the name of J. H. Mitchell was not in the book.

Mr. Donnelly says he does not remember any such name as J. H. Mitchell, and yet he holds an office. He has the poorest memory for any one under the present Administration, I ever saw. He does not remember the name of J. H. Mitchell. Who does remember it? Mr. Rerdell. But Mr. Rerdell does not say what he had charged to J. H. Mitchell; he does not say what was in the book as against J. H. Mitchell; he fights clear of that charge. And why? He was afraid that John H. Mitchell might testify. According, I think, to Mr. Rerdell, there was a charge against Belford on those books. I do not know why Belford's name did not appear on the memorandum, but I will come to Belford afterwards.

Mr. Bliss. Mr. Ingersoll, Mr. Donnelly does not mention in any way and is not asked on the subject of Mr. Mitchell.

Mr. Ingersoll. I think he is. I will find it after awhile if I can, and if I cannot I will admit that you are right. I do not know where it is. I do not wish to be interrupted.

Mr. Bliss. I claim the right.

Mr. Ingersoll. Well, go on; the poor man only had seven days in which to make his speech.

Mr. Bliss. I have before me Mr. Donnelly's evidence, and he does not mention the name of Mitchell in any manner, and is not asked about it, so far as I can see. I think when the statement is persisted in there should be some reference given to the page.

Mr. Ingersoll. It is on page 2637.

Mr. Davidge. And at page 2639, about two inches from the top.

Mr. Ingersoll.--It is sufficient for my purpose, which is this: That he gave the names of all the accounts he could remember, and in that list of names he did not give the name of J. H. Mitchell. So I think I can fairly say to you that that man did not remember any account against J. H. Mitchell. Mr. Gibbs was asked directly whether there was any account against J. H. Mitchell, and he did not remember any such. Now, the only person that swears to it at all is Mr. Rerdell. Then you come across this contradiction: Why should the name of J. H. Mitchell be there with nothing opposite to it? I do not know. The prosecution, of course, will be able to find writing of S. W. Dorsey that will resemble some of the writing on this pencil memorandum. There is no doubt about that. If it was written by Rerdell in imitation of Dorsey's writing, it is not surprising that writing really written by Dorsey can be found that looks like it. Why? Because it was written in imitation of his writing, and therefore you can find writing of Dorsey's that looks like it; otherwise it would not be an imitation. The next question arises, Can you find writing of Rerdell's that looks like it? Yes; 87 X. The M. C. R., the S. W. D., and the J. W. D. are all exactly like it. Now, is it not infinitely surprising that Dorsey should imitate Rerdell without trying and without an object? Is it not perfectly wonderful that this memorandum should be in imitation of Rerdell's writing, when it was written by Dorsey? But if it was forged by Rerdell, it is not wonderful that it looks like Dorsey's writing. If Dorsey wrote it without thinking of Rerdell, I say the accident is infinitely wonderful that he imitated Rerdell. Which is the more probable--that Dorsey imitated Rerdell without design and without trying, or that Rerdell imitated Dorsey with a design, and when trying to do so? That is the way to put this argument, and I hope the gentlemen will answer it. The ingenuity that would be displayed in the answer would a thousand times pay me for the loss of the point. I want them to account for this, how Dorsey's natural handwriting comes to look like Rerdell's, and how it is that this looks precisely like Rerdell's in many instances. Why is it, gentlemen? I will tell you. Mr. Rerdell had written the initials J. W. D., S. W. D., and M. C. R. so often that when he came to put them upon this memorandum he forgot to disguise his hand. That is the reason. You find on 87 X the J. W. D. precisely as it is on the pencil memorandum. You find the M. C. R. precisely as it is on the pencil memorandum. You see if you have done the same thing many times with your hand, the hand gets a mind of its own. It is in that way that you learn to play upon the piano. The hand becomes educated and follows the keys through all the mazes of melody without asking one question of the mind. You can write a name so often, you can make initials so often, that when you come to write them, no matter what your object is, the hand, educated with a mind of its own, pursues the old accustomed motions and paths. That is the reason that J. W. D. and S. W. D. and M. C. R. are exactly in the handwriting of Rerdell in this pencil memorandum. According to that, Dorsey had paid out in all, I think, about $65,000, or something like that There is no truth in it, gentlemen.

Now, in order to prepare your mind for the next point I am going to make, and in order that you may know something about this man Rerdell, I will give you some further information about him. I do not think you are sufficiently acquainted with his character, and any little points that I have I want to give to you. I want to paint his portrait in every lineament, every mark. I want to give you every hair in his head. Remember that this witness is to be corroborated. He is to be propped and indorsed. Everybody admits that he is the pewter of perjury and has to be plated with the silver of respectability gotten from somebody else. They all admit that. He is an empty bag. Somebody has to fill him up before he can stand upright. They admit that. I want to call your attention to a few things as to which he lacked corroboration.

On page 2215, Rerdell swears that Miner told him that the amounts in the bids were filled in by S. W. Dorsey. On page 4177 Miner denies this, and says that he filled in the bids with only two exceptions.

On page 2216 Rerdell swears that the mail matter for J. W. Dorsey, Peck, and Miner was handed him by S. W. Dorsey, and that Dorsey said that he was going to take the business out of Boone's hands. On page 3766, Dorsey swears that he had no such conversation with Rerdell.

On page 2217, Rerdell swears that S. W. Dorsey applied to him to go West. On page 3768 Dorsey swears that he did not employ him to go West.

On page 2218, Rerdell swears that he received instructions from S. W. Dorsey as to what to do on the Bismarck route. On page 3769, S. W. Dorsey swears that that is utterly untrue.

On page 2219, Rerdell says that he was instructed to establish a _paper post-office_ sixty miles north of the route. What was that for? According to his testimony there was a mistake in the advertisement, and the route was too long, and this was a device to shorten it by adding sixty miles to it to make a post-office thirty miles off the route, or sixty altogether, so as to get pay for the increase of distance. If it was to be a fraud, why put the post-office off the route? Why not have it on the route? Where would the fraud be if they traveled the sixty miles except in having a postoffice where none was needed? They certainly would make nothing from the Government by traveling the sixty miles. If they traveled the sixty miles they would be paid for that sixty miles, but if they wanted pay for the sixty miles without traveling that sixty miles, they would not have put the post-office so far off the route. They would have put it on the route, or very near to it, and pretended that it was off the route.

Gentlemen, it is infinitely absurd to suppose that Stephen W. Dorsey would have instructed that man to go out in that country and get up a false post-office. How long would a fraud like that last and live? How long could the money be drawn for that service in that country? They say no human being lived there. Who was to be postmaster? Who was to make the reports? How long, in your judgment, would it be before the department would find out that there was no such post-office, no postmaster, and no mail? No one could think of a more shallow device than that Stephen W. Dorsey, a man who is blest with as much brain as any man it is my pleasure to know, would never dream of such an idiotic device. And yet, that is the testimony of Mr. Rerdell.

It may be that Mr. Rerdell when he got out there thought he could start a town and make money in some other way. But it will not do to say that Stephen W. Dorsey told him to get up a false and fraudulent post-office when Mr. Dorsey must have known that the mail could not have been carried to it but a few days before it would have become known that there was no such office. They would have to appoint a postmaster and he would have to live there in his loneliness a hermit of the plain, and would have to make a report like that from Agate that gave such delight to Mr. Bliss to read. There was not a letter sent to that place; not one, nor would there be. Mr. Dorsey knew if there was a postmaster appointed he would have to report, and in three months from that time he would have to report, first, that there was no post-office; second, that there had never been any mail; and third, that he did not expect any. You see it is utterly absurd to lay such a charge at the door of Stephen W. Dorsey.

On page 3769 Dorsey swears that the statement is a falsehood--that he never did any such thing. He also denies it on page 3924.

On page 2220 Rerdell swears that he gave Pennell a petition for a post-office. On page 2156 Joseph Pennell swears that he never saw the petition; and on page 2171 that he never signed it, and that none was sent.

On page 2221 Rerdell swears that he was instructed by S. W. Dorsey to build stations fifteen or sixteen miles apart, and use every third station. On page 3769 S. W. Dorsey swears that no such instructions were given. On page 4092 J. W. Dorsey swears that they started to build the stations about thirty miles apart, and that after he saw General Miles and was told by that officer that there would be, and must be a daily mail, then he concluded to build stations between the stations that he had built going over.

That is a sensible, straight story. When he went out they built the stations some thirty-odd miles apart, and when he talked with General Miles, General Miles told him that there must be a daily service, and then he determined to build intermediate stations as he went back. What was that testimony sworn to by Rerdell for? To make you believe, gentlemen, that Stephen W. Dorsey when he sent Rerdell out knew that there was to be expedition, and knew it because he was in conspiracy with the Second Assistant Postmaster-General. The testimony of John W. Dorsey lets the light in upon that story. The sun rises, and the mist goes. What is his story? "I went there and built the stations about thirty miles apart, and when I talked with General Miles he assured me that there must be expedition and a daily mail, and then I built stations at the intermediate points as we went back." That is the story. It is consistent with itself.

Is it not wonderful that the Government did not also prove by Pennell that Rerdell gave him instructions to build the ranches, and told him that he had been so instructed by S. W. Dorsey?

On page 2233 Rerdell swears that Miner told him that Vaile was close to Brady. On page 4177, Miner swears that it is not true; that he never had any such conversation. Why did they want a man close to Brady? As I explained to you before, gentlemen, they had already, according to their testimony, as they claim, proved that Miner had conspired with Brady, and yet he was going around trying to find a man close to Brady. Being a co-conspirator was not close enough. So Mr. Rerdell is corroborated there again by Mr. Miner who swears that what Rerdell swears is a lie.

On page 2224 Rerdell swears that in November, 1878, Miner asked him to write certain words in a line on petition 40104. On page 4178, Miner swears that he never asked him to interline any petition.

On page 2225 Rerdell swears he had a conversation with Vaile and Miner on the 20th of December, 1878, at the National Hotel, about his employment, and that he had a great many conversations there. On page 4020, Vaile swears that there never was any such conversation. On page 4021, Vaile also swears that he has no recollection of such a conversation then or at anytime. On page 4178, Miner swears that the talk was between Rerdell and himself, and that Vaile was not there.

On page 2225 Rerdell swears that Vaile told him that the mail service they had ought to reach six hundred thousand or seven hundred thousand dollars. On page 4021, Vaile swears that he does not think he ever said any such thing--does not think it was possible that he ever said any such thing. On page 4179 Miner swears that Vaile never made any such statement in his presence.

On page 2226 Rerdell swears that at the instance of Vaile and Miner he went West, January 4, 1879, to put service on the Rawlins route. On 4022 Vaile swears that Rerdell did not go West at his instance; that Miner gave him, Rerdell, a subcontract for the entire pay, for the whole term, and that Rerdell undertook it on his own behalf. On 4179 Miner swears that he made the arrangements with Rerdell himself.

On page 2227 Rerdell says that Vaile and Miner both told him that the service would be increased right away, and to make subcontracts with that in view. On page 4180 Miner swears that he gave him no such directions, and that Rerdell did all he did on his own responsibility, and that Vaile did not give him any such authority. It is for you to say., gentlemen, which of these men you will believe.

On page 2228 Rerdell swears that in March, 1879, had a conversation with Vaile about an affidavit, and received instructions from Vaile or Miner. On page 4024 Vaile swears that he recollects no such conversation and does not think he ever had it.

On page 2228 Rerdell swears that Vaile said in the presence of Miner that he could get Brady to accept an affidavit from a subcontractor. On page 4024 Vaile swears that he is very sure that he did not say so, and that he never asked Brady any such question. On page 4182 Miner swears that he never made any such statement in Vaile's presence.

On page 2228 Rerdell swears that a day or two after Vaile says he had seen Brady, and that Brady had agreed to accept an affidavit from a subcontractor. On page 4024 Vaile denies this.

On the same page, 2228, Rerdell swears that he was instructed by Vaile and Miner to write to Perkins and get him to send his affidavit. On page 4024 Vaile swears, "Never!"--that he did not know Perkins was a subcontractor. On page 4182 Miner swears that he has no recollection of it, and that he never instructed Rerdell to send any form of affidavit to Mr. Perkins.

On page 2230 Rerdell swears that Miner wrote a form of affidavit. On page 4182 Miner swears that he has no recollection of it, and that he never instructed Rerdell to send any form to Perkins. As a matter of fact the Perkins affidavit is in the handwriting of Rerdell. Yet he tells you that Miner wrote the form. It will not do.

On page 2231 Rerdell swears that he filled in blanks under the direction of S. W. Dorsey--that is, of the Perkins affidavit--and filed it under the direction of S. W. Dorsey. On page 3793 Dorsey swears that he never knew there was such an affidavit, and that he never gave such instructions; and more than that, that he never at any time or place gave Rerdell authority to change any affidavit or any petition that was to be filed.

On page 2233 Rerdell swears he was instructed to make the subcontract without any reference to expedition; and that he, Dorsey, would guarantee the payments if they were not filed. On page 3771 S. IV. Dorsey swears that he gave him no such instructions.

On page 2234 Rerdell swears that affidavits of Peck and Dorsey were acknowledged in blank. On page 4189 Miner swears that so far as he remembers they were filled in before they were signed.

Again, it may be proper for me to say here: Why did not the Government call J. S. Taylor, the notary of New Mexico, to prove that the affidavits were in blank when they were sworn to by John M. Peck? Why did they not? The law presumes that every officer has done his duty, and when we find at the foot of an affidavit the certificate of a notary public the law presumes that the paper above it was in the precise condition at the time the certificate was placed there in which it is then. That is the presumption of law, and there is only one way to overcome that presumption. You must prove to the contrary. One of the easiest ways on earth to do that is to bring the officer. They did not bring J. S. Taylor here from New Mexico, the man before whom Peck acknowledged the affidavit in this case. It would have been easy to have him come, and to have asked him whether Peck did not swear to all these affidavits in blank. They did not call him. They had him here once and that was enough. They did not call him this time. They did not call Rufus Wainwright, of Middlebury, Vermont. He is the officer before whom John W. Dorsey swore to these affidavits. The gentlemen of the prosecution say the affidavits were in blank, and yet they dare not put upon the stand the notary before whom they were sworn to. It was not because they did not think of it. It was not because they had not the money. The Government had money by the million and agents by the thousand. You recollect how they tried to prove the destruction of those dispatches in the Western Union office. You recollect how they brought here the superintendent, how they brought here agent after agent, how they brought here the man that went around and collected the dispatches, and the man that drove the wagon, and the man that owned the wagon, and the boys that received the dispatches on the street, and the man in the cellar that received them after they got there, and the man that bought them, and the book-keeper that made out the check to pay for them. They brought the man that receipted for them at the railroad, and they followed them from the railroad to Holyoke, Massachusetts, and brought the superintendent of the factory and the books of the railroad to show they had arrived. They followed those dispatches from paper to pulp and yet it never occurred to them to send to Middlebury and get Rufus Wainwright. They never thought to have J. S. Taylor subpoenaed from New Mexico. They had all the conveniences of modern civilization at their command and yet they never thought of getting Wainwright or Taylor.

On page 3771 S. W. Dorsey swears that he never instructed Rerdell to get any affidavits in blank. On pages 4126, and 4107, J. W. Dorsey swears that he made none in blank; that he has no recollection of any such thing. On page 2240, Rerdell swears that he had a conversation with S. W. Dorsey about getting blank affidavits. On page 3771 S. W. Dorsey denies it. On page 2241 Rerdell swears that S. W. Dorsey instructed him to make up the affidavit on route 41119 and gave him the per cent, of the increase of pay. What does he say there? From one hundred and fifty to two hundred per cent.

Mr. Merrick. That was afterwards corrected.

Mr. Ingersoll. I thank you for the suggestion. That happened on Friday. We adjourned until the next Monday morning. He came in the next Monday morning, and he said that he had made a mistake, and that it ought to be from one hundred and fifty to two hundred and fifty per cent. I immediately went and got the affidavits on the Toquerville route, because I said the percentage must be over two hundred per cent, in that affidavit or he would not have changed. I found in the affidavit that it was two hundred and fifty-five per cent., and I found that was why he changed. I followed that out, and I found that was the same route upon which Mr. Rerdell stole nearly five thousand dollars, according to the testimony of S. W. Dorsey, and Rerdell did not deny it. So much for Toquerville and Adairville. We will come to it again perhaps.

Let me give the pages where all these matters are found. On page 3772 Dorsey denies the conversation about the affidavits, and also on page 3773. Rerdell's, change of his evidence will be found on page 2277.

On page 2243 Rerdell swears that while he was in jail S. W. Dorsey had a key to what he called his, Rerdell's, office. On page 3735 S. W. Dorsey swears that he never had a key to Rerdell's office, and that he never was in the office but twice, both times with Rerdell, and that he never took a paper out of the office except what Rerdell gave him. It will also be remembered that when Rerdell was asked in his examination-in-chief whether anybody had a key to his office he replied that S. W. Dorsey had a key to his office. He did not at that time state that his wife had a key. Why? Because he wanted it understood that S. W. Dorsey was the only person that had a key, and that S. W. Dorsey, while Rerdell was in jail, went to that office and opened it and robbed it. On cross-examination I made him swear that his wife had a key, and we afterwards found that his wife went there. He knew she had a key. Still, in his cross-examination, when asked who had a key, he said S. W. Dorsey. What was that for, gentlemen?

So that you would Infer that S. W. Dorsey was the only person who had a key, and that he went there and robbed that office, as I said before. On pages 2634 and 2635 Mrs. Cushman swears that she went to Rerdell's office with Mrs. Rerdell. When? About six o'clock in the morning. And that they found the office open? No. They found the office locked, but found papers in a confused condition, and took away some papers. They were there about fifteen minutes. Recollect this was the third morning that Rerdell was in jail. Rerdell went to jail Monday evening. That made the visit of Mrs. Cushman and Mrs. Rerdell on Thursday morning, and they went there at six o'clock. Keep that in mind. Rerdell got out of jail on Friday. George A. Calvert, the janitor, visited every room frequently. His testimony is on page 2672. He swears he found the door of Rerdell's room unlocked. When? The day before Rerdell got out of jail. What time of day? In the morning. What morning was that? Thursday morning. When did Rerdell get out of jail? Friday morning. When did Mrs. Rerdell and Mrs. Cushman visit the room? Thursday morning. What time in the morning? Six o'clock. When did Calvert find the room open? That same morning. The women swear that when they went there the room was locked. Now the question arises, who opened it? The women. That is all there is to that.

Mrs. Rerdell, on page 2635, swears she got the key on the second day after Rerdell's incarceration, in the evening. That would be Wednesday evening. She used it the next morning, Thursday.