Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-03-27
The Star Route Case.

The Star Route Case.
WASHINGTON, March 26th.-When the
Criminal Court reassembled this morriug,
Iugersoll began the redirect examination of
witness Kellogg. He said he had been un-
able to identify positively Dorsey's hand
writing, because he had seen it so often and
go closely initiated by Rerdell. It was mat
ter OF much difficulty to distinguish between
the original and the limitations.
| Hon. Horace f. Page of California was
called. He identified the letters concerning
the route from Redding to Alturas, and re-
| lated the efforts he had made to have that
service increased.
| James Gamble, New York contractor,
testified that he had occupied a portion OF the
Office occupied by Dorsey in 1881 at 145
Broadway. de described the rooms and
their occupants, and said he saw no red desk
in that Office. Never saw Bosler there.
| After the examination of some unimportant
witnesses, Ingersoll called Stephen w. Dor
sey to the stand.
| The Clerk was about to administer the oath,
when Merrick arose and asked permission
from the Court to question witness regarding
his belief in its bilding force.
The request was granted. and Merrick in
ouired if witness regarded an oath as binding
on his coincidence He, fercsly shaking his
finger at the gentleman, answered that an
oath was rs binding upon him as upon Mer-
rick. He regarded it as binding upon his
| conscience.
| Merrick asked if in taking an oath the
| witness had in his mind the effect of fail
ure to observe it on his future state of reward
and punishment.
Instantly Mr.. Ingersoll was on his feet.
81 object. Sit down." said he to Dorsey,
and then proceeded to deliver an impassioned
address. He objected to the perpetrstion
of this monstrosity of the dark ages. The
Government had tainted the defendant Tor
year for not taking the stand, and when he
came they sought to prevent his testimony
because he did not believe in their
Jehovah. He admitted that in many
States q gentleman could not testify
that Humboldt, who knew more
than all the State, would not have been al
lowed to testify if his own brother had been
murdered before his eyes SO with Tyndall
and Huxley, but in those States" said Inger-
soil, with extreme bitterness, ''a man who
beat his wife could go upon the stand and
testify. He did not believe his Honor would
allow such proceeding. The last time he
had seen it tried was before Judge Drum
mond, at Chicsg,, and the Judge said the ex-
animation concerned matters of this world.
The witness was to testify about what he
knew here
Merrick replied that the religion of nine
teen centuries needed no defense from him.
He was acting under the rules Of law. He
referred to Ingersoil's charge that the Gov
eminent did not wish Dorsey to -testify, and
declared it untrue. hat he did desire was
that the Court and jury might know what
weight to attach to his testimony
when he invoked the Supreme Being.
honor and integrity. but in addition they had
an obligation that they had invaded the JUS
tice of heaven and the wrath of men if they
| falsifed, and the Court and jury should have
| the witness opinion of the weight of the obi
CATION. He wanted the witness opinion of
| the weight of the obligation. He wanted to
know if, in taking an oath, he felt his con-
science involved, and that was an obligation
| to tell the truth.
IGgersoll said if there was another world,
and he had acted badly in this, he would ex
pect to fare badly there, and so he would
expect to fare well if he acted well here. He
regarded truth as the most sacred of all
others. II he was on the stand, and all he
held most dear was ct stake, still would he be
compelled to express his belief and say he
did not believe in personal deity, and
there were many excellent, generous
people Of that belief In the dark
ages people were so given to lying that
nobody was expected to tell the truth unless
scared. The gentleman (Merrick) had quoted
the law Now, laws were not always right.
Many people believed many laws to be
wrong as were many laws that were not
right. They had such laws under the old in
| QUESTION, with the thumb-screws and racks
| and free. and other hideous monstrosities.
They had laws against witches and wizards
| in the days when they dug up
babies corpses and made ointment out Of
them, and in some States there were still laws
that barred q man from telling the truth be-
cause he did not believe as some other man
or some holy book, and this, too, after Oar.
win had lived aud died. There used to be q
! law to make man catch poor negro
woman, with child in her arms, and give
her back to the blood-hounds and the lash.
He hoped the Court would not entertain the
proposition.
The Court said, with men rot in official
positions it was private matter as to what
| they thought Of the law. If they undertook
TO violate it, they were responsible. But the
Judge was not at liberty to say that he liked
this law and disliked that; that he would
administer this one and ignore that. They
were not made by the Court, and it could
| only apply them. As to the theological
question discussed az such length, the Court
would not go into that. It was not neces.
sary, The Act of March 16 1878,
made the defendant witness, and that set
| tied that point. So, then. the only question
Of competency was whether Dorsey was the
defendant When the new law was intro.
! ducsd, and without limitation it said the de.
fendant shall be witness, no other compe-
tency is required. The other view the Court
would not pass upon. It would not go into
the theological view, nor beyond the law of
1873.
| Merrick inquired the necessity for swear.
| ing the witness under this view.
The Court replied, $50 that he may be
punished for perjury it he does not tell the
truth"
Merrick acknowledged that the answer was
sufficient.
| The oath was then administered, and In
gersoll began his examination.
After stating the dates and places OF which
he became acquainted with Vsile, Dorsey and
| the other defendants, the examination pre-
ceeded as follows
| Question-Did you ever enter into en- agree
1 ment with Brady, John Dorsey, Vale, Miner,
or any or either of fham, to defraud the Gov
eminent by bidding for mail contracts
| Witness (psssionately)-I never entered
| into any such agreement with anybody at
any place or at any time.
| Odd you ever conspira with them to de-
| fraud the Government?
A.-No; never entered into conspiracy
with them of any kind.
Odd you ever pay money to General
Brady TO influence his official acts
| Witness (excitedly)-I never had trans
action with Gen. Brady TO the extent Of one
cent in my life. I never paid him cent, or
promised to pay him a cent, for any possible
purpose.
Odd you ever pay Mr.. Tyner money
| or stock TO Influence his official actions
while he was First Assistant Postmaster.
General?
A.-No.
Objection was made, and the question and
answer were stricken out.
Witness made some answers in regard 10
Turner. which were also stricken out.
| Questions regarding the payment of money
or stock to McGreer or Lilly were excluded.
Odd you ever give any directions to
Rerdel, either verbally or in writing, to
open an account with William Smith?
A.-Never in the world
Q.-Or with John II. Mitchell?
A.-No.
Odd you ever state to Rerdell, or
anybody, that William Smith stood for
Brady T? =,
A in the first place there was no Smith
on my books. In the second place, never
saw it.
The prosecution wished to exclude this
answer, but the Court allowed it to stand.
Q-When did you first hear that anybody
alleged that you had an account with Smith