Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1882-07-14

three years ago, the parties who enteret
INTO OF carried ou: the existing conspira
cy may properly be brought into indic..
ment. Innocent combinations nigh,
gradually change their character and
become various conspirasors. The cour,
thought it was proper to prove tina,
these parties were in combination tend
ing to conspiracy. even If others said il
was not compstent to prove the exis:
snce OF conspiracy By evidence of al,
coAspirator previous to the existence OF
the conspiracy as fixed in the indict-
nsnt, or after its dissolution. Merrick
stated hs expected 10 prove I. w. Dor
sey had entered into an arrangement,
with Boone to procuIe these. contracts
and divide the profits. After some fur.
thor argument the witness was
directed to proceed with the con.
versation with ex senator /. w. Dorsey.
That night" he said, '.he had been
requested TO take part in the mail con.
tract business, a letter had been pro-
dncod from Peck and he believed Nj
nor's name had been mentioned. His
business was the preparation of neces-
siry papers and other prslininaries.
Witness was asked who had been men,
toned as being in the business. he
answered John NJ. Dorsey, Peck and
himself were the only persons mention
cd IN that connection. His first action
had been to send out circulars to post
masters on all routes requesting infor
nation relative to them. He had by
letter informed Minor of this proceed
ing. John w. Dorsey was not then in
town. He next had printed a number
of blvnks for bids. This had been done
80 that other contractors might no.
know from the supplying of four or five
thousand blanks that they intended to
bid for SO large number of contracts.
he had done this without suggestion
or advice from any other person, acting
only under his general instructions. His
next step WAS to make up blank bids,
and this had been done at his owl.
house, at Dorsey's house and in Minors
room. Several of the bids were handed
witness. He said they had bssn pre-
pared partly by himself and partly by
Minor. When possible the bids were
based upon information furnished by
replies to circulars. His interest in the
business was to be third interest with
John w. Dorsey in the routes held by
him. Some one of the combination had
made the suggestion, he WAS not certain
who it was. II had been talked over
with several of the members. He was
not positive that hs had spoken TO Dor.
sey about this clause. Witness said be
also prepared ths bid under instructions
of j. w. Dorsey. They we're to bs sent
out to p0stmasters at Little Rock and
Fort Smith. Some were sent TO Glen
dennin. Bonds were sent there. They
would be filed and returned. He had
filled up the blanks left for the amount
of bonds and name of route. He did
not know exactly what interest was held
by other parties in the general business.
He had prepared drafts of subcontracts
TO be used III case contracts were 30
cured. A clause providing for expedition
had been inserted in these drafts, and
this WAS something new in his experience
before sending them ont. Hs under
stood every fourth bid was to be made
in his name. He had left the combina-
ton in August, 1873. He was asked
why he left it, and replied some sof the
routes, not only Bismarck and Tongue
River routes, absorbed vast amount of
money 81 that they could not properly
carry ON service in others. j. w. Dor
sey was in Bismarck at the time, and
Minor somewhere in the west. Brady
sent for the witness and warned him il
these routes were not lifted before Aug.
10th, he would be decided a failing con-
tractor. He saw S. w. Dorsey who told
him he had furnished J. w. Dorsey with
~ much money as he could spare. lie
proposed that he Boouel should retire,
and another partner with more capital
be taken in, and this was done. Vail
coming into business at this pant. Mer-
rick declared witness had not ven such
testimony rs he had reason TO believe
he would give on tine side OF tho de-
fence, and perhaps he would be able to
show why he should insist. however
upon the right to cross-examine the wit
mess. Boone was then again asked il
his retirement was voluntary, and
whether he knew of any reason beyond
that already given for it. The prosecu'
tion seemsh dssirous to prove by the wit
moss that his retirement had been
caused by Brady's hostility. Objection
vas made and sustained by the Court
Who said the only object Of the testi
mony of this witness was to show the
business relations existing among the
defendants The fact that Boone hac
retired from the combination was sniff.
cient without giving reasons therefor
After recess Boone was asked il Senator
Dorsey had not requested him to go ou'
Of the combination because Brady would
do nothing for them while he remained
Objection Was made by some OF thu
counsel but Ineersoll said so far as hi
client lS. w. Dorsey was concerned
he WAS perfectly willing to have
witness's answer, to the question wal
ruled out, however. The witness th 81
identified letter attached TO the print
cd blank as being in Senator Dorsey
handwriting. II Was addressed TO th'
postmaster at Clendsnuin. and referfe<
70 obtaining of sursties upon proposals
Merrick explained he expected to shov
Senator Dorsey had more than a friend
" connection with the combination. II
tha argument which followed In1ersol