The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-07-14
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| Dlllty or conversation With Senator
Dorsey 10 1877.
At the close the court rendered de
cision &c follows: In regard 10 what hal
been faid relative to ex-senator Dorsey
he did pot think there MAS anything in
that which required the attention Of the
court. II he had done anything which he
should not have done as q member of the
Senate there was statute which covered
that act. Here he was indicted az q
leader Of conspiracy. In regard to the
claim Of the defense that evidence must
not go behind Msy 23d, 1877, il was true
the indictment fixed that date and overt
acts that followed. The position taken
by the defense that no evidence as TO facts
that transpired prior to thst date
could be received erroneous. It was
none the lees ,Jnspiracy sisce that
date, Il 1t was conspiracy before. Il
may have existed for dozen years, and
althoI., b the indictment could not charge
that il took place more than three years
ago, the parties who enter into or carried
out such q conspiracy should be brought
into the Indictment Innocent com bina-
tons might gradually change their char
acter and become vicious cOnspirators.
The court thought it was proper to prove
these pa-ties were in com binatiOn tend
Ing TO conspiracy.
Merrick stated be expected to prove S.
! w. Dorsey had entered into en- arrange
ment With Boone to procure these con-
tracts and divide the profits.
After some further argument witness
was directed to proceed. In converse
ton with Ssnstor Dorsey that night, he
said, he had been requested to take part
in the mail contract business. A letter
had been introduced from Peck, and be
believed Minors name had been men,
toned. His business was the prepare
ton Of the necessary papers, and other
papers and other preimiDaries. Wit
ness was asked who bad been mentioned
as sharing 10 the business. He answered
John NJ. Dorsey, Peck and himself were
the only persons mentioned in that con-
Dection. His first action had been to
send out circulars 10 postmasters on ell
Of the routes, requesting information
relative TO them. He had by letter in
formed Minor OF this proceeding. John
w. Dorsey was not then In town. He
next had printed a number Of blanks for
bids. This he'd beeh done so that other
contractors might not know from their
spplyi1g for four or five thousand blanks
that they intended to bid for so
largo number Of contracts. He
had done this without suggestion
or sdvice from any other person, acting
only under his general instructions. Tbs
next step was " fill up blank bids, and
this has been done at his own house, st
Dorsey's house, and in Minors room.
Several of the bids were handed witness.
He said they had been prepared partly
by himself and partly by Minor. When
possible. bids were based upon informal
ton furnished by replies 10 circulars
His interest ia the business was to be q
third interest with John w. Dorsey 10
the routes held by him. He did not
know exactly what interest was he d By
the other parties in the general business
He had prepared drafts Of sub contracts
to be used in case contracts were secured
A clause providing for expedition had
been inserted in these drafts, and this was
something new in his experience. Some
one of The combination had made the
su question. He was not certain who il
was. It had been talked over with sew
erall OF the members; was positive
he had spoken to Senator Dorsey about
this clause. Witness said ne also pre-
pared bids under instructions of J. w
Dorsey. They wer- 10 De sent out to toe
postmasterlat Little Rock and FortSmiLh
The senaIsr said if bonds were SAINT
they would be flied and returned. be
had fIled up the blanks left for the
amount of bonds and the name Of the
route before sending them out. 1t was
unders stood that every fourth bid Was ia
be made:in his name. He had left the
com bination in August: 1873. He was
asked why he left it. and replied that some
Of the routes, notably the Bismarck
Gn6 Tongue river route, had absorbed O
vast amounts of money, 30 they were moi
able to properly carry on the servlce
upon the others. John w. Dorsey Wal
in Bismarck at the time aud Miner wes
somewhere in the west. Brady sent foI
witness and wLrned him that II these
routes were not lifted before August 18th
he would be declared falling contractor,
He then saw John w. Dorsey who told
him he had Furnished John w. Dorsey
with ss much money as ne could spare.
He then proposed that he (Boone) retire
and another partner with more capital
be taken IN, and this wcs done, Vail,
coming isto the business as this partner.
Merrick declared that witness bad moi
given such testimony ss be had reason TO
believe he would give Sarcastic laugh
ter on the side of the defense) and perhS ps
he would be able to show why. Ia
should insist, however, upon the right to
cross-examine the witness. Boone was
then again asked il his retirement was
voluntary, and whether be knew Of any
reason beyand that already given for is.
The prosecution seemed deslr0us to prove
BY witness that his retirement had been
caused bV Brady's hostility, Objection
was made and sustained by the court,
who said the only objeet Of the testimony
OF this witness was TO show the business
relations existing among the defendants
The fact that Boone had retired from the
com binstion was sufficient without giving
the reasons therefore. .N-
After recess Boone Twas asked II
SeDstor Dorsey bad not requested
him to ges out OF the com
biastion because Brady would dc
nothing for them while he remained.
Objection was made by some OF tht
cou. IL, but Ingersoll, so far as hi
client Is. w. Dorsey was concerned
said he was perfectly ~illing TO have
witness answer that question. II VA
ruled out, however. Witness then iden'
tilted letter attached to 8 printed BLANK
ss being 10 Senator Dorsey's hand-vrit
ing. It was addressed to Postmastel
Clend and referred to the obtain
ing Of sureties un0n proposals. Merricl
explained he expected 70 show that Sen
aior Dorsey had more than friendly
lo0rroo4;or,- nth .fho ooyn hin ation II