What evidence did the Government offer upon that point? Nothing. Did Mr. Bliss at that time suppose that Mr. Dorsey was chairman of that committee? The records were all here. The Government had plenty of agents to ascertain what the fact was; and yet, without knowing the facts, Mr. Bliss stated to this jury that he believed that; that Dorsey was chairman of the Post-Office Committee and of the sub-committee; wanting to poison your minds with the idea that Mr. Dorsey had taken advantage of having held that position. Now, the only evidence upon that point I find on page 3992, and that is the evidence of Mr. Dorsey himself. He is asked, Were you a member of the Post-Office Committee in 1877? No. In 1878? No. Or chairman of the subcommittee? Here is what he says, that he had not been on that Post-Office Committee "for nearly two years" prior to July 1, 1878. And yet an attorney representing the United States, representing the greatness and honor, the grandeur and the glory of fifty millions of people, for the purpose of poisoning your minds, there made that statement without knowing anything about it or without caring anything about it. I thought I would clear that point up the first thing this morning.
Now we will go on with the affidavits. You know these terrible affidavits that were sworn to in Vermont. It was stated that the first affidavit was wrong and that the second affidavit was substituted for the first. Now, if the second affidavit took more money out of the Treasury than the first affidavit you might say that there was a sinister motive, a dishonest motive in withdrawing the first and substituting the second, unless it appeared clearly that the second was true. But suppose it turns out that the substitution did not take an extra dollar from the United States? Then what motive do you say they had in doing it? Was it a motive to steal something, or was it a motive simply to be correct? What other motive could there have been?
Now, let us see. The first affidavit said three men and twelve animals; for the expedition, seven men and thirty-eight animals; and the proportion was exactly three hundred per cent--that is, three times as much. Now, then, they put in another affidavit. The second affidavit says two men and six animals. That makes eight. And on the expedited schedule six men and eighteen animals, which makes twenty-four; and three times eight are twenty-four; exactly the same. Three times fifteen are forty-five, and three times eight are twenty-four, and the amount of money drawn under the second affidavit is precisely the same that would have been drawn under the first affidavit.
Now, do you pretend to tell me that they took the trouble to withdraw the first affidavit and put in the second affidavit because they were trying to defraud somebody? On the contrary, they took that trouble because there was a mistake made in the first affidavit and they wanted to correct it, not for the purpose of getting more money, but for the purpose of getting a correct affidavit.
Mr. Crane (foreman of the jury). Was not that first affidavit interlined?
Mr. Ingersoll. No, sir.
If there had been any fraud about it, would they not have withdrawn the paper? They had a right to withdraw it. Yet they left the paper there; they left it there as a witness. Why? Because it did not prove anything against them; it only proved they desired to be correct.
My recollection is there were erasures in both affidavits. Let us find them. Before I get through I will endeavor to show you that every erasure and interlineation is an evidence of honesty instead of dishonesty. What are the numbers of these affidavits? [Examining the papers.] They are number 4 C and 5 C. Route 38134. I will read them.
Hon. Thomas J. Brady,
Second Assistant Postmaster-General:
Sir: The number of men and animals necessary to carry the mail on route 38134 on the present schedule is three men and twelve animals. The number necessary on a schedule of ten hours, seven times a week, is seven men and thirty-eight animals.
Respectfully,
JOHN W. DORSEY,
Subcontractor.
There does not appear to be any erasure or interlineation or anything else in that affidavit. Now, here is the other one:
Hon. Thomas J. Brady,
Second Assistant Postmaster-General:
Sir: The number of men and animals necessary to carry the mails on route 38134 on the present schedule, seven times a week, is two men and six animals. The number necessary on the schedule of ten hours, seven times a week, is six men and eighteen animals.
Respectfully,
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.