National Republican., 1883-02-13
Mr. Meuick Angry--CoI. lngersoI's Re-
patoe--RerdeIl's Testimony
Objections by tho Defcnse--Ruling Of the COurt-Tho
Judges Impressions
Testimony by Ex-Postmnstcr General
James Relative to Brndy's Acts.


Tho court granted the request, and Mr..
MacVcagh was placed upon the stand. He
testified that he had conversation with
Rcrdcll in the early part of June, 1851.
Mr.. Wilson objected to a recital of the con-
versatiOn on account of the date, and because
IL could not be received as against the other
defendants
Mr.. Ingcrsoll reminded the court that the
previous decision on the same subject had
confined the testimony to What Rerdell said
concerning himself
Mr. Merrck said that with view to saw
ing time he would consent that the evidence
he admitted at this point only rs against Rer-
dell. At the same time there could be no
doubt that it was applicable to all OF the de-
PENDANTS.
Mr.. Wilson made short argument in sup
port of his objection, but the court decided
to admit the evidence. 1t held that If the
acts of Rcrdell were so implicated with Others
as not to be distinguishable from thcm and
If n narrative of his acts would entail men,
ton of the names of Others the witness was
at liberty 60 use them. But if any part of
the evidence could be separated so rs TO be
q recital of Rcrdcll's acts without bringing
him into association with the other defend
ants, the rule would Confine the testimony i'll
that way
The witness then proceeded TO relate the
story OF what is known as the RCrdell con.
fession," which has already been published.
Using Rerdclls language us near as possible,
he told of the formation of the conspiracy
of the methods of undertaking and of secur.
ing increase of the sending out Of circulars,
and of the final division of the routes. He
described the process Of affidavit fixing and
of getting uppettions. Tho methods of book.
keeping were detailed, showing how Brady
was known therein under fictitious name
Then came recital Of the circumstances
arising from the congressional investigation,
and OF how Brady had jerkcd down the pay
upon certain routes upon that occasion, and
afterwards restored it to the original figures.
Messrs. Wilson and Davidge, at this point,
removed their objections to that portion of the
evidence relating to the other defendants.
The court said he did not see how person
could confess himself into conspiracy with
out duplicating some one else, for there must
be two parties to a conspiracy.
Mr.. lngersoll. But you must prove that in
some other way-get some other fellow to
confess; then there would be two of them"
The Court. THAT then would not bind
Rerdell."
Mr.. Ingersoll. "No, only himself. You
cannot think of letting a person confess an:
TIERS liberty away. While u man can con
fess his own liberty away, he cannot confess
another man into the penitentiary"
The court agreed with this view, but said
it would hear Mr.. Merrick despite objection
by the defense.
"All right said Mr.. Davidge, resgnedly,
Y" If the court can stand it, we can"
:" Mr.. Davdge may retire." retorted Mr..
Merrick, II don't think the case will miss
him any more than | would"
Mr.. Merrick then proceeded with his argu-
ment.
The court finally decided not to admit Rer-
dell's statement as to what share of the pro-
fits Brady was to receive.
Mr.. Merrick having ventured to repeat q
statement made by the witness, Mr. Ingersoll
said he did not care to hear two witnesses at
one time.
Mr. Merrick (referring to Mr.. Ingersoll, who
sat behind HIM. appear to have one witness
before me and one behind me.
Mr.. James also sat behind Mr.. MerriclS, and
Mr.. mGersoll exclaimed, pointedly, "You
came nearer the truth that time than you
usually do"
Mr.. Merrick (angrily). Be careful how you
use that expression.
Mr.. Ingersoll (warmly). What expression ?
Don't you look at me that way, sir. won't
stand it.
Mr. MerricS. Nor will I.
The Court. We must have order.
Mr.. Ingersoll. Your honor, have not said
any thing mt which he could take onense.
always endcavor to treat counsel like gentle
men, and he must treat me like n gentleman.
The little breeze exhausted itself, and the
examination was resumed, although so many
technical objections were interposed by the
dehnse that it was with much difficulty that
tn. witness managed to deliver u connected
story. He said Rerdell had some books and
papers in Dorseys handwriting that would
corroborate his statements, and he proposed
going over to New York to obtain them.
The CrOss-eXaminatiOn was confined to q
few questions by Mr. Wiltshire.
Ex-Postmastcr General James was then
called. His testimony was II substantial rep
Atif n fTiN n ia m nr tri hiI
he, like the preceding witness, was much
hampered in giving his testimony by restric
tions imposed by the court. The witness said
Rerdcll told him his books contained entries
concerning Brady and Turner, but he was moi
allowed to explain their connection with the
entries. Witness told Of his conversation
with Brady in relation to the policy of tho
department. and Of the circumstances con
nected with the revocation of the order fol
expedition on the White river route.
On crOsa-eNamination Mr.. lngersoll asked
the witness il it was possible for the post
master general to make such an order of revo
cation in March and remain in ignorance o.
its execution until the following Sep
tember.
He replied in the affirmative, saying thai
his order had been verbally communicated Il
French. lie did not remember whether Ol
not Rerdell had applied to have his iather-in
law appointed TO II position in the department
far as he knew, Rerdell was not connected
withit. The attorney general had pronounced
IL to be bold fraud. There was, he said,
most interesting history connected with tha
case. But the court refused to go into tha
subject.
BY Mr.. Wilson. Did you tell Mr.. Brady o
the revocation of that order?
A. No, sir, Witness explained that HI
thought it was unnecessary. Ilo described
the official routine and denied that the mere
fact Of the signature of the journal by tn,
postmaster general made him responsible fo
the orders mentioned therein. The witness
Rankin was then recalled in connection witt
the Rawlins-Whlte river route, and asked t
relate what Rerdoll had said to him abOu
Dorsey and Brady. Objection was made, ant
q long argument followed. The defense con
tended that Brady's official acts could not b.
ndduced in proof of the existence of the con
spiracy.
The court spoke of the difficulty of select
ing a time in the course of the reception o
testimony, when it could say that n print
facie case of conspiracy had been made out
There was nothing to enable the court TO d.
this Grcculcafs rule was that when tn
evidence presented was of enough weight u
Justify the assumption that there was pOssl
Bile conspiracy, it would become the duty o
the court 10 submit it to the jury for thei
Judgment In the present case much of tn
evidence tended to establish the conspiracy
AS to Brady, it had been said that thi
court had no appellate jurisdiction owe
his official acts. His liability to i'm
parchment was no bar to his in
dictlnent, and the court could not assent {,