Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1882-09-06
DAILY POST gsse:h'd in IN 'szs 'sz CONSOLIDATED m ,so


Beb lnxerssll's speech.
WAsHISGTox, Sept. 5.-Col. Bob Iuce,
soil began his arguments in the sta
route case. In behalf Of Senator Dorsey
tins morning. by stating he opposed of
nciai corruption az much az any man
and that one untrue to an official oat]
ought to be punished, and there was n
excnse for the dishonesty of a man
Ihe jury have been told that the peopl
were demOralized, and that to stem th
tide OF dishonesty, innocent men mus
be made examples Of. He held that tn
country was not demoraiized. 1t did no
deInoraiize Us to change out of the slay,
hovel to the .castle of free man HI,
asked no mercy. only an honest verdic
according TO the evidence. Whoeye
was found otherwise than in accord witt
the Government, was bribed; whoever
tor reputation or fear, or at public de.
mand, or from malice or prejudice
found otherwise was bribed. He then
argued that If correct, the acts charged
must be proved exactly as alleged.
In support of this position he quoted
from numerous authorities. and pro
ceeded to q minute analysis of the char
2e5 IN the indictment. taking I'D and
examining all the routes in detail, show
ing varianceGssWhich existed between the
charges in the indictment and the eyi-
d6nce specially in relation to dates
Making q resume Of his argument, be
said, that IN the indictments there we're
twelve charges as TO fraudulently sign
lug sub-COntracts, the evidence showing
IN AZ ~ 4kSn lor1<H : y kmk
impossible to fraudulently ill sub
contract, and that petitions were abso-
lutely genuine and honest with two ex-
cepti0ns. The prosecution had tried to
prove that in one petition a schedule of
three hours had been inserted, but be
denied that the evidence sustained that
claim.
The other petition, which the prose-
cution claimed to be fraudulent, was
the Utah petition, and this had re-
msined unacted upon by the Second As
sistant Postmaster General.
Mr. Ilgersoll, addressing the Court,
said he Supposed he could with propri-
ETY. draw an inference as to the policy
of the Postoffice Department from tho
papers presented in this case.
The Court replied that he had refused
to receive evidence on that subject,
when offered in evidence, for the simple
reason that he was of the opinion that
no Second Assistant Postmaster-G Gen.
eral could establish any policy for the
Government, or for any branch of the
Government. The policy of the Gov
ernment was TO be found in the Law, and
the Court was unwilling to let the Sec-
Ond Assistant Postmaster General set
up his policy in defense of his case. He
had no right to have such q policy.
Mr.. InGersoll recited that he had
never sought TO set mp the policy Of the
Second Assistant Postmaster General,
nor had ever referred to such a thing.
Ali he insisted was that the general pol
ICY of the Department might be fol-
lowed by the subordinate officers with
out laying themselves liable to the
charge Of having been purchased. Gen.
Ingersoll then took up the charges of
the payment of fraudulent claims, TAX
ing up first the Kearney-kent route.
On this route the prosecution claimed
the payment of &;527 had been made
on false claim presented by Peck d
Vail. There was no evidence to show
that expedition was fraudulent, but
concedinR that 1t Was the total amount
of false payment was $1,000. The
records further showed that Peck did
not present this claim. The same was
true Of other routes. Incidentally In
Rersoll mentioned Turner'S name, and
severely criticized the action0f the
prosecution in regard to that de-
fendant. He had been indicted, taken
from his home and pursued rs though o
wild beast.
The Government could not prove q
single thing against him. and there was
only one course left, to dismiss him.
With intent to insult, the prosecution
alleged that j. w. Dorsey received by
fraud $l2,69l. The evidence showed
that there we're seven Dorsey routes,
which paid $7s, ,984, and in truth Dorsey
only got $492, and not another copper.
That he should insist was fatal vari-
ance. Every link in the chain in the
indictment was mistake or false
hood. It was made by adding mistake
to falsehood, and what the indictment
weayed the evidence ravelled. Why
were false dates put in the Indictment?
The sprosecution had to deceive the
grand jury. 1t would not do to tell the
grand Jury the defendants o0nspired on
the I'D of May, and in pursuance of the
conspiracy filed afiidavits on the Sd Of
April, when they had to deceive the
Court, because If true dates had been
set forth in the indictment the Court
would have instantly said You cannot
prove conspiracy ON the I'd Of May by
showing overt acts in the April previ-
ous.
Did the prosecution expect TO win the
cases ON this indictment? No; but they
could keep II in court long enough to
allow them to hurt and maligu the char
acter of defendants, long enough to vent
their venom and spleen ON good and
honest men. and justify in part the CON-
menccmeut Of this infamous pr0secu-
ton.
During recess the number of specta-
tors increased rather than diminished,
and when IngersOll resumed, the atmOs-
phere of the court room was exceedingly
close. He began by saying that in the
forenoon he had tried to strip the green
leaves Of the indictment; he now pro.
posed t0 attack tho main limbs and
trunk. What vas the drift Of the in.
diCtment?
First-That the contractor defend
ants') had written or procured to be
written 70 fraudulent communication,
letters and applications. Was there the
alightest evidence that tho fraudulent
letter was ever written2 Not the slight
est,
Secoud-That they attached forged
names 10 petitions. Was there any evi.
dence Of that, except In one case. and
the evidence in this case was that the
order WAS made before the petition was
read.
Third-That they procured the sigma
lures Of persons not living on the routes
on which service WAS expedited. There
was no evidence Of that fact.
Fourth-That they made false oaf 4
and declarations
Fifth-That Turner falsely indorsed
packets containing petitions. 1his In
dictment against Turner has been AZ,
raiRned into q certificate OF good moral
character. When he unReFsoll) knew
q man who had fought for tho dag Of
his county; Who had laid on the held o.
Gettysburg with . Confedofate bullet II
his leg. he vas glad 70 have tho evidence
show the man 70 be mot only . patriot
but an honest man with sp0tless rcpu
tation. He did net believe that, In or
= - hnE In ~