Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-07-14

WASHINGTON, July losh-la the star
route trial to-day contractor A. +. Boone
testified that he knew and had DEALINGS with
all the defendants. Argument ensued as to
the admissibility of q conversation with Sem
ator Dorsey.
Al its close the Court rendered a decision
as follows: In regard to what has been said
relative to ex-senator Dorsey, he did not
think there was anything in that which re-
quired the attention of the Courts. Ii he
had done anything which he should not have
done as member of the Senate, there was
statute which covered that act. Here he
was Indicted as a leader OF the conspiracy,
/ regard to the claim of the defendant that
the evidence must not go beLind May %,
1877, it was true the indictment fixed that
date and the overt acts followed. The posi-
ton taken by the defense that no evidence as
to fsc.s that TRANSFERRED pti1r to that date
could be received was erroneous. IL was none
the les, conspiracy since that date, if i. was
a conspiracy before. 1t may have existed for
doz IN years, and although the Indictment
could not charge that it took pacs more than
three years ago, the parties who entered
into or carried out the existing conspiracy
may properly be brought into indictment.
Innocent combinations might gradually
change their character and become vicious
conspiracie,. The Court thought it was
combination tending to conspiracy, if the
other side said it was not competent to prove
the existence of conspiracy by the evidence
of any coaspirator previous to the existeI c.
of the conspiracy as fixed in the Indictment
or after its dissolution.
Merrick stated that he expected to prove
that S. w. Dorsey had entered into an ar.
rangemens with Boone to procure these con.
tracts and divide the profits.
After soma further argument witness was
directed to proceed with the conversation
with Senator Dorsey. That night, he said,
he had been requested to take part in the
mail contract business. A letter had been
produced from Peck, and he believed Minors
name had been mentioned. His business was
the preparation of the necessary papers and
other preliminaries.
Witness was asked who had bsen men.
toned as sharing il the business. and he
answered that John w. Dorsey, Peck and
himself were the only persons mentioned in
that connection. His first action had been
to send out circulars to Postmasters on all Of
the routes, requesting information relative &c
| them. He had by letter informed Minor oil
| this proceeding. John w. Dorsey was moi
then IN town. He next had printed a mum.
Der of blanks for bids. This had been done
SO that other contractors might not know
|
| that they intended to bid for SO large o mum.
Der of contracts. He had done this without
suggestion or advice from any other persons,
acting only under his general instructions.
! The next step was to get up blank bids, and
this had been done at his own house, al
| Dorsey's house and in Minors room.
Several of the bids were handed witness,
and he said they had been prepared partly
by himself aud partly by Minor. When pcs
sible, bids were based upon information fur
uished by replies to the circulars. His in
terest in the business was to be the interest
with John w. Dorsey in routes held by hin.
He did not know exactly what interest wa;
held by the other parties in the general bust
mass. He had prepared drafts of sub-con
tracts to be used in case the 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 sugges
ton. He was not certain who it was. 1t haG
been talked over with several of the members
He was not positive that he had spoken tt
Senator Dorsey about this clause.
Witness said he also prepared the bid
under the instructions of j. w. Dorsey
They were to be sent out to the
Postmasters at Little Rock and Fort
Smith. and some sent to Clendennin
The Senator said II the bonds were sent
IL ere they would be filed and returned. He
had filled up the blanks left for the amount
of the bonds and the name OF tie route be
| fore sending them out. Understood thai
every fourth bid was to be made in his name
He had left the combination in August, 1878
He was asked why he left it, and replied
thst some of the routes, notably the Bis
marck and Tongue river route, absorbed 6
vast amount of money, so that they were moi
able to properly carry on the service upor
the Others. John W. Dorsey was in Bis
marck at the time and Minor somewhere il
the West. Brady sent for witness, and
warned him that if these routes were not lei
before August 18th, he would be declared &
failing contractor. He then saw S. W. Dor
sew. who told him that he had furnished Johr
W. Dorsey with as much money as he coulo
spare. He then proposed that he Boone
retire, and another partner with more capita
be taken in, and this was done, Vail coming
into the business as this partner.
Merrick declared that witness had moi
given such testimony as he had reason to be
lieye he would give sarcastical laughter or
the side of the defense and perhaps hi
would be able to show why. He should in
sist, however, upon the right to cross examine
| the witness.
Boone was then again asked il his retire
ment was voluntary, and whether he knew o.
any reason beyond that already given for it.
The prosecution seemed DESTROYS to prove
by witness that his retirement had beer
caused by Brady's hostility.
Objection was made and sustained by The
Court, who said the only object of the testi
mony Of this witness was to show the bust
ness relations existing among the defendants
The fact that Boone had retired from the
combination was sufficient, without giving
the reasons therefor.
After recess, Boone was asked If Senator
Dorsey had not req rested him to get out o.
the combination because Brady would d.
nothing for them while he remained.
Objection was made by some of the coun
sci, but Ingersoil said that so far as his client
Is. W. Dorsey was concerned, he was per
fectly willing to have witne,s answer thai
question.
1t was ruled out, however.
Witness then identihed letter attached tt
a printed blank as being in Senator Dorsey
handwriting. 1t was addressed to Postmas
ter Clendennin, and referred to the obtaining
Of sureties upon proposals.
Merri,k explained that he expected tt
show that Senator Dorsey had more than
friendly connection with the combination.
In the argument which followed, Ingersol
asserted that so far as these bonds sent Il
Clendennin were concerned, all of the informa
ton touching them had been furnished by
Senator Dorsey to the Congressional Investi
eating Committee.
The letter was ruled out.
A letter from Vail to the Auditor gavt
rise to another long discussion, and it wal
! finally withdrawn for time.
James II. Clendennip testified that he wal
Postmaster at Fort Smith, Ark knew ex
Senator Dorsey, and had correspondent witt
him.
| Witness was shown and identified lettel
| from S. w. Dorsey, inclosing q blank pro
| posal for mail service he had refere1 to in THU
| letter.
Further inquiry as to these letters was cu
| off by the Court, who said he did not see how
| Dorsey could be held responsible for Clenden
Minis ac.s.
| The defense did not cross examine the wit
ness.
James F. Blouis was next called, Merrick
explaining that he wished to prove by thii
witness that defendants signed the names Of
one another Unfortunately.
An affidavit sworn to by Peck was said by
witness to be in Minors handwriting.
General Henkel objected, because the Gov
eminent had proved by its own witness. Q
Notary from New Mexico. that Peck had
made the affidavit before him. Now they
propose to contradict their own witness.
They could not do that.
The Court-Oh yes, they can.
General Henkel-Oh no, they can not
The Court-But see it done every day.
To save time, Merrick withdrew the paper.
A number of other papers an letters were
declared by this witness to be in the hand.
writing of Minor or Rerdell, although pur-
porting to have been written by other de.
fen1ants.
In answer to an inquiry from the defense,
the Court said he understood this testimony
was OILY introduced to show the intimate re.
latiOns existing between the parties.
Without concluding the examination OF the
witness, the Court adjourned
The san Diego CoIIectorship.
WASHINGTON, July 13th.-Some time ago
Captain George A Johnston was nominated
to be Collector of Customs at San Diego.
The nomination was referred to the Commit.
tee on Commerce, aad has not yet been re-
ported back to the Senate. Charges Of drunk
"a &c. 80