Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-08-25

md Miner, and afterwards took sub-contracts TO
cure nimSeIf This agreement cOntradicted that
Dorsey loaned these men a single farthing. Miner
by the agreement was constituted secretary and
yet he kept no books.
Mr.. Henkle suggested that maybe Miner left his
books with Welker.
Mr.. Merrick said they could abuse Walsh by In
chance to summon Welcker and prove whether
| the statement Was true or not, and yet they had
not done it.
WALSH UN1MPEAcHED
"Aouse walsh as much as you please" said Mr.
Nerrick, she stands before this jury and the peo.
pie unfmpeached and unmpeachable, and will
show that under the burning sun that he has
turned upon these defendants thay will melt from
view ana wholly disappear in the walls OF the peni-
tentlary." They kept no books, Mr.. Merrick con-
tinued. Sublime confidence Of simple and pure
hearts,, hearts! taile,s M first introduction to the jury
which no one would believe; he next appeared in
DEEP AND DAMNING FRAUD,
getting sub-contract ante-dated. Mr. Merrick
| reviewed Mr.. Vaile'S testimony. Though he was
treasurer OF this copartnership, he knew nothing
or could remember nothing about routes having
been increased thousands and thousands OF dol
lars. He knew nothing that was being done,
although he had absolute control OF the routes
It was too preposterous story for any one 10
Miner took GO per cent and Vale took 40 per cent
This was in APRIL 1879. How did it come that he
eI then TOOK m GO per cent On the 4h OF March pre-.
then appear openly, as q member OF the cOmbina-
ton: They claimed that Bosler had lent money to
had ever lent him farthing. Why did they not
put Bosler On the stand? They were afraid that
there was man who could open aperture in
this they did not dare put him on; they did no.
dare put N, Williamson, their Oregon agent on the
SIahd, tnOugn he was In court. Vaie they put on
stand
Mr.. Henkle objected to this last statement as
violating the rule,
Mr.: MerrIck Claimed that he had not trans
gressed the rule. They could not keep that back
| from the jury.
JUDGE wYLlE TO Mr. MERR1cK.
The stenographer having read Mr.. Merrick's
| words, Judge Wylie said Mr. Merrfck had trans
gressed the rule. "You refer to him." said the
Judge. "as the only defendant they dared put on
81 did not say dare" said Mr.. Merrick.
you Q H cast an imputatlon upon the other defend
refer to defendants, and was opening a law b6ok,
when Judge Wylie said that he couI not allow
the question to be argued or mentioned before the
jury.
sPAr BETWEEN COUNSEL
"Oh, I understand you now," said Mr.. Mer-
rick.
"You understood it BEFORE" said Mr.. Henkle
sI did not, sir" said Mr. Merrck sharply
"You are not so much lawyer, then,' said Mr..
Henkle, "aS thought you WERE"
81 am, sir" said Mr.. Merrick. 81 Will not be
talked to in that way, SIR"
The court here interposed and put an end to the
colloGuy
CLOSE TO THE LINE
Mr.. Merrick then referred to Mr.. Vale, as a de-
fendant in the case, sitting next to Mr.: Henkle,
| and asked the court If he were within the rule
"YOu are very close to the line" said the court
A discussion having arisen, through an inquiry
by the court as to whether these men had pooled
tae routes and divided the profits, the counsel for
defense said they had not.
That is the very vttals Of this case,: said Mr..
Wilson.
eli that" said Mr.. Merrick, "is all the vitals
you have, am afraid You have an abdominal dis
ease from which you will never recover" Mr..
dence showed that the defendants constantly
crossed over to one another with acts OF frauds,
and that the community OF interest still continued.
On June 10, 1873, Mr.. MerriCk said S. w. Dorsey
wrote to Brady regarding the Ojo Caliente route.
In the transactions this route the silver thread
all through, mingled with the coarser thread Of
his minions The letter to Brady was asking ex-
pedtt1on ana a Increase On the route: According to
the theory OF the other side. what had S. w. Dor
sey TO do with the Ojo Caente route June 10, 1875
he could not pretend that as Senator from Arkal-
sas he was bound to look after the local mail ser
vice OF New Mexico He would show how Dorsey
had all through taken his share OF the frauds, and
lattened on the pelf he had obtained from the
government or the United States on this very
route
recess was here taken
AFTER RECESS
Mr.. Merrick read a letter from Miner to Anthony
Joseph written in 1S7S asking Joseph, in the name
OF Senator Dorsey, to put stock the Ojo Calente
| route, and informing him that the route would be
increased. That showed s. W. DOrSey's interest,
and the pro ophetic vision which Dorsey had as
In every case the prophecies made by these con-
tractors were fulnled. Dorsey subsequently
wrote to Joseph himself. urging him to get up pc
himself on account OF Peck'S Illness That an
swered the claim OF the defense that s. w. Dorsey
mad taken the routes to secure himself for money
statement that ia ken