Mr. Ingersoll. Or a stout, tough boy.
The Court. A boy would be best.
Mr. Ingersoll. You do not need any boy. Just one man and one horse will answer. The man can ride the horse one hundred and fifty miles in three days, and then ride one hundred and fifty miles back in the next three days. All you have to swear to, according to Mr. Bliss, is the number actually used, and so you would come in and swear to two on this route.
Now, when you are making an affidavit as to the number to be used on a schedule to be made, you cannot swear to the number actually in use, because they are not then in use. You have to swear to the number necessary. You have to swear to the number required.
Now, see. On a mail route one hundred and fifty miles long I would only want a good smart horse, and one good active man or boy. I would not need to carry it more than one week, because I could make the affidavit for that week, and then the question would be how many men and horses would be required for a daily mail on the same route. I would put in a reasonable number, and the difference between the number then actually used and the reasonable number to use would be the standard by which to fix my pay.
If you take the man and horse actually used, and then take the number that would reasonably be used, you would make a difference of a thousand per cent. And yet that is the doctrine laid down here to guide us as to these affidavits.
Let me tell you what the law is. It does not make any difference what you are really using at the time. You must swear to the number that would be reasonably necessary to carry the mail on the then schedule.
You must swear to the number that would be reasonably necessary to carry the mail on the proposed schedule. In the first place, if you put a great deal of work on a man and horse, you must put the same proportion on man and horse in the second schedule. If you are easy on man and horse in the first schedule, you must be easy on man and horse in the second. The only object, gentlemen, is to keep the proportion, because you are to be paid according to the number of men and horses used.
Now, they say it would be necessary to go out there in order to tell how many men and horses would be necessary, and that the men who made these affidavits had never been on the routes. There was no need of being on the routes. I could give you the number required on any route two hundred or five hundred miles long. I could give you the number of men and horses reasonably required to carry the mail once, twice, three times, or seven times a week; and I could give you the number reasonably required to carry it at the rate of three miles an hour or five miles an hour or six miles an hour without going there. I need not go there for the purpose of the affidavit. I can take it for granted that the road is good and level, and I can keep exactly the same proportion and nobody can be defrauded. If you take the rule of Colonel Bliss it would be the easiest thing on earth to defraud the Government. That would be by taking the actual number in use and then taking the number necessary.
Oil page 4761 Mr. Bliss makes the point that according to law the Second Assistant Postmaster-General was not bound to allow according to the affidavits. He is right as to that. That is what Mr. Bliss says, and that is what John W. Dorsey swore he thought, and that is what Mr.
Thomas J. Brady swore he did. He did not take the affidavit as a finality. Mr. Thomas J. Brady said that he took it for granted that the man, when he made the affidavit, thought it was true, and that the man, when he made the affidavit, swore to the best of his knowledge and belief. But Thomas J. Brady never swore that he considered himself bound by the affidavit. On the contrary, he swore that he had a standard in his own mind, and that expedition was to cost thirty dollars a mile, or something of that kind. He went by that standard, and he gauged the affidavits by it.
On page 4762 Mr. Bliss says that Brady admitted that he made no inquiry as to the truth of affidavits, and that he accepted them as absolutely conclusive. On page 3434 Mr. Brady swears:
I accepted their statement as conclusive so far as they knew.
Brady also swears that he had his standard in his own mind, as I said before, and that he had an opinion of his own, and that by that standard and opinion he was governed.
On page 4765 Mr. Bliss charges that Brady took the oath of Perkins on route 38113 as the basis for the expedition. Mr. Turner's calculation on file shows that that affidavit was not the basis of the calculation.
Mr. Bliss. Your Honor, allow me to say that subsequently I stated to the Court and to the jury distinctly that while the indorsement on the jacket recited the Perkins affidavit as being the one used, or the affidavit of the subcontractor, and while Mr. Brady transmitted to Congress that Perkins affidavit as the one upon which he acted, I still believed that the calculation showed that he used the other affidavit.
Mr. Wilson. He never made that statement until he made it during the progress of my argument when I was discussing that very point.
Mr. Bliss. You are mistaken.
Mr. Merrick. He made it while I was here and I was not here during Mr.
Wilson's argument.
Mr. Ingersoll. If he has taken it back three times, that is enough.
On page 4766 Mr. Bliss charges Brady with having two affidavits on the Pueblo and Greenhorn route, from John W. Dorsey, on the same day.
Mr. Bliss. Mr. Henkle called my attention to the fact that it was not the Greenhorn route, but the Pueblo and Rosita route, and I corrected it.
Mr. Ingersoll. Good enough. I did not know about his taking it back. I was not here at the time. The fact was, however, that only one affidavit was ever filed, and that was an affidavit, not by J. W. Dorsey, but by John R. Miner.
Mr. Bliss. There were two on the Pueblo and Rosita route by John W.
Dorsey.
Mr. Ingersoll. We will come to them. You will get tired of them before we get through with them.
On page 4767 Mr. Bliss refers to two affidavits. The first affidavit, the one not used, calls for three men and seven animals on the then schedule. That makes ten. On the proposed schedule of eighty hours it called for nine men and twenty-seven animals. That makes thirty-six. The proportion then in this affidavit is 3.6, that is, the pay would be 3.6 times the original pay. In the second affidavit five men and fifteen animals, twenty in all, are called for on the then schedule, and on the proposed schedule twelve men and forty-two animals. The proportion there is 2.7. So that the affidavits, leaving out the fractions, which are substantially the same, stand in this way: By the first the contract price would have been multiplied by three and the contractor would have had three times the original pay, and by the second he would have had twice the original pay. Substituting an affidavit at only double the pay is called a fraud, because they withdrew an affidavit for treble the pay. That is what Mr. Bliss calls a fraud. He says still that it is a fraud.
Now, then, there were two affidavits, and these two affidavits, gentlemen, Mr. Bliss well knew were filed on different schedules. The first affidavit was filed on a proposed schedule of eighty hours. The second affidavit was filed on a proposed schedule of fifty hours. The affidavit agreeing to carry the mail in fifty hours offered to do it at double the pay. The affidavit on eighty hours wanted three times the pay, or substantially that. One was 3.7 and the other was 2.6. Just think of trying to make that a fraud on the Government. Suppose they had filed a third affidavit and offered to carry it for nothing. That would have been carrying a fraud to the extreme.
Mr. Bliss. Your Honor, with reference to that, I said, expressly referring to these two affidavits: It is not a question of proportion.
The question is whether the mere existence of those double affidavits did not give Brady conclusive notice that the man who could make those affidavits was not a reliable man, because no matter what the time was to which it was to be increased, he stated the number necessary on the then schedule, as so and so in one affidavit and in the other he stated the number differently. I referred to it solely in that connection, as the language shows on the page referred to.
Mr. Ingersoll. For instance, a man writes, "You owe me five hundred dollars according to my books," and writes the next day, "I have made a mistake. You don't owe me anything." Mr. Bliss insists that the second letter would show that the man was not to be relied upon. That is his idea of honesty. If in the first letter he had written that I did not owe him anything, and in the second letter I did, that might be suspicious. But when in the first he writes that I owe him and in the second that I do not, there can be no suspicion as to his honesty. In the first affidavit this man stated so much, and in the second affidavit he put it one-third less. That simply shows the man was paying attention to it and wanted to make an honest offer. And yet everything in this case is poisoned with prejudice and suspicion.
Another point: Mr. Bliss, on page 4770, says that on the Pueblo and Rosita route the number of trips was seven and that there was no increase. Upon that statement he bases an argument of fraud. The argument is that there was no increase of trips. Now, on page 866, the order shows that in the first place there was one trip a week and there were six trips added. That makes seven. The original pay was three hundred and eighty-eight dollars. Six trips were added, and the value of the six trips, which gave two thousand three hundred and twenty-eight dollars of additional pay. Yet Mr. Bliss tells you that there was no increase of trips. As a matter of fact, six trips were added, and that was all that could be added.
Mr. Bliss. Were they added coincidently with the affidavit for expedition?
Mr. Ingersoll. You say they were not added; I say they were.
Mr. Bliss. No, sir; I said at the time of the expedition there was no increase of trips and the affidavit was based upon the seven trips.
Mr. Ingersoll. I say that at that time there was an increase.
Mr. Bliss. Your Honor, the point is this: I think I am right in saying that the increase of trips took place after the expedition. That is my recollection about it. I have not referred to the record. I think Colonel Ingersoll will find that is so.
Mr. Ingersoll. We will see whether you are right. At the time the affidavit was made there were just three trips, and afterward there were four trips added. Let us get it exactly right. I read from page 866:
Date, July 8, 1879. State, Colorado.
Number of route, 38134.
Termini of route, Pueblo and Rosita.
Length of route, fifty miles.
Number of trips per week, one.
Mr. Bliss. I see you are right. The trips were increased.
Mr. Ingersoll. When anybody gives it up I will stop. That is fair and that is honorable.
Now, the next point. On page 4771 Mr. Bliss says that the oath on the Toquerville and Adairville route was made for seven trips, although the order only gave them six trips, of course the inference being that they got as much pay for six trips as they were entitled to for seven trips.
On page 3290 the original order was for one trip. Two trips were added.
Look on page 949 and you will find that more trips were added. The second order increased four trips, and that made seven in all; and yet Mr. Bliss makes the statement that there were only six. That is another mistake.
Another point. On page 4772 Mr. Bliss states that Mr. Rerdell spoke in his testimony about J. B. B. I have referred to that. I have referred before to the claim that Rerdell was sustained by the testimony of Mr.
Bissell. As a matter of fact, I do not remember that Mr. Rerdell ever said one word in his testimony as to charging anything to J. B. B.
Ninth point. At page 4778 Mr. Bliss states that Dorsey admitted in his letter to Anthony Joseph that the average rate for mail service on star routes was only five dollars a mile. Mr. Dorsey says in his letter no such thing. He says the "average cost of horseback service"; he does not use the language employed by Mr. Bliss, "The average rate for mail service on star routes," but he says, "The average cost of horseback service." That is a small point, but it shows how anxious the gentlemen are to get the thing fully as big as it is.
Tenth point. At page 4783 Mr. Bliss says that Brady cut off forty-nine thousand dollars of increase on the Mineral Park and Pioche route on the 22d of January, 1879, because the mail bills showed so little business.
That is another mistake. The order cutting off the forty-nine thousand dollars was made on the 22d of January, 1880, not 1879. I mention this simply for the sake of accuracy.
Eleventh point. At page 4785 Mr. Bliss says that the mail bills on the Silverton and Parrott City route showed that Brady ran the service up from seven hundred and forty-five dollars to fourteen thousand nine hundred dollars, and that the fourteen thousand nine hundred dollars was afterwards increased to thirty-one thousand three hundred and forty-three dollars and seventy-six cents. The record shows nothing of the kind (see pages 1894-5). The original pay was one thousand four hundred and eighty-eight dollars (page 1854). The pay under the order of June 12, 1879, was six thousand five hundred and twelve dollars and twenty-eight cents (page 1855). No other increase was ever made. On page 1855 is the increase and expedition, being in all fourteen thousand eight hundred and eight dollars and sixty three cents. The original pay was one thousand four hundred and eighty-eight dollars. A little change was made in the route that brought it up to one thousand seven hundred and three dollars and sixty-five cents. That, together with the expedition, makes a total of sixteen thousand five hundred and twelve dollars and twenty-eight cents. And yet Mr. Bliss told you that it was thirty-one thousand three hundred and forty-three dollars and seventy-six cents. So that this encyclopaedia of the papers made a mistake, in one year, of fourteen thousand eight hundred and thirty-one dollars and forty-eight cents. For the whole contract time it would be a mistake of forty-five thousand dollars. And yet, strange as it may appear, that mistake was made against the defendants. Well, let us go on.
Twelfth point. On page 4800, bottom line, Mr. Bliss says: