The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1883-03-27
THE STAR ROUTES.
Stephen w. Dorsey Teatifying His
Own Behalf.

WASHINGTON, March 26--In the Star Route
case this morning Ingersol began the redirect
examination of W. Il. Kellogg, Dorsey's former
private secretary. He had been unable TO
identify positively Dorseys handwriting be-
cause he had seen 1t so often and 30
closely initiated by Rerdell that ii was mat
ter OF much difficulty to distinguish between
the original and the imitation
Hon. Horace IT. Page OF California was cali
cd. lie identified letters and petitions con-
cerning the route from Redding to Alturas and
related the efforts he had made to have that
service increased.
titled that he had occupied a portion OF the
office used by Dorsey in 1881, nj 1i5 Broadway.
He saw no red book in that office. He never
saw Bolster there.
E. N. Hin, formerly OF Arkansas, was the
next witness. He said he had frequented
Dorsey's house in Washington. The 'Smith
and Jones' memorandum was shown the wit
ness, but he WAS uncertain who wrote 1t.
After recess Stephen W. Dorsey came into
court for the first time since the beginning Of
the present trial.
Mr.. Bliss continued his cross-examination Of
the witness Hill. Witness identified an order
by Dorsey upon Rerdell for payment Of mon
ey (S5) due witness. Possibly he had presen-
ted that paper TO kerdell and had received the
money.
AT the conclusion OF his testimony, Ingersoll
called Stephen w Dorsey 10 the stand. The
clerk was about to administer the usual oath
when Merriek arose and asked permission
from the Court to question the witness regard
ing his belief in its binding force. The re-
quest was granted aud Merrick inquired IL
witness regarded the oath as binding upon bis
conscience. lie answered, iiercely shaking his
finger at the gentleman, that tho oath was as
binding upon him as upon Merrick. He re-
garded 1t a8 binding upon his Conscience
Merrick asked II in taking tho oath witness
had In bis mind the effect OF the failure TO OBJ
serve u upon his future state Of reward and
punishment
Instantly Ingersoll was upon his feet ~
object, sit down" said he TO Dorsey and then
proceeded to pour ont an impassioned address.
He objected TO the preparation Of this mons
frosty OF the dark ages, The country had
passed that point. Ia nearly every State, In
every civilized State every man was allowed 20
testify whether he believed in future punish
ment aud a personal God or not. Here was
one defendant in the case whom the govern
ment had tainted for year for not taking the
stand and when he came here they
sought 10 prevent his testimony because
he did not believe in their Jehovah.
He admitted in many States a gentle
man" could not testify; that Humboldt
(who knew more than all OF the STATED would
not have been allowed 10 testify IL his own
brother had been murdered before his eyes So
with Tyndail and with Huxley. But in tho~e
states, said IngerSoll, with extreme bitterness
''a man who beat his wife could 20 upon the
stand and testify" He did not believe that
his honor would allow sncha procedure. The
last time he had seen 1t tried was before Judge
Drummond at Chicago, and the judge said
that the examination concerned matters OF this
world. Witness was 10 testify about what he
knew here.
Meirick replied thai.the religion Of niue CEN
turies needed no defence from him. He was
acting under the rules Of law. He referred
TO Ingertolls charge that the government did
not wish Dorsey 10 testify aud declared that II
was untrue. What he did desire was that the
court and jury might know what weight TO
attach TO his testimony when he invoked the
Supreme Being. The witnesses were under oh
legations OF personal honor aud integrity, but
in addition they had the obligation that they
had invoked the sinstice OF heaven and wrath
OF men II they falsited, and court and iury
should have the witness opinion OF tha weight
Of that obligation He wanted 70 know If in
taking the oath he felt that his conscience was
involved and that there was an obligation to
tell thetrath HE read from Greenlsaf Ia sup
port of his position.
world and he had acted badly ia this he would
expect 10 fare badly there; and 20 be would ex-
pect To fare we'll II he acted well here. lie re.
garded the truth as the most sacred OF sill obli-
CATIONS. II he we're on tho stand, and all he
held most dear was Rt stake, still be would 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 10 lying
that nobody was expected 10 tell the truth an
Merrick } had qnotsd Law. Now laws we're not
always right. Many people believed many
laws TO be wrong, as there we're many laws
that were right. They bad such laws IN.
der the old inquistion, with its thumb screws
and racks, and fires, and other hideons mon
strosities. He hoped that the court would not
entertain tbs proposition.
The Court said, that with men net In official
position It was a private matter as TO what
they thought Of the law. II they undertook
to Violate It, they were responsible, bat n judge
was NOT at liberty 70 say that he liked this law
and disliked that or that be would administer
this one and ignore that. They were not made
by the court aud II could only apply them. AS
TO the theological question discussed ST such
length tLe court would not 20 into that. Ii
was unnecessary. The acts Of March l6. 1878,
made n defendant witness and that settled
that point 30 then the only question OF con-
potency was whether Dorsey was q defendant.
When a new law was introduced and without
limitation said The defendant shall be a wit
ness" no other competency was required. The
other view the court would not pass upon.
II would not 20 into theological views nor be-
yond the Law of 1878.
Mr.. Merrck inquired as to the necessity for
swearing the witness under this view.
The court replied: $50 that he may be pun
ished for perjury IL he does not tell the truth .
Mr. Merrick acknowledged the answer was
sufficient He then went on to disavow any
intention Of preventing the aitnegS from testi-
flying. The government was desirous that he
The court-hAdminister the OATH
Mr.. IngeFsoll-"He may swear or affirm
Witness-"0h, had just as soon swear"
The oath was then administered and Mr..
Ingersoll began the examination. The wit
ness was visibly sgitated and in instances
scarcely waited for the conclusion OF the que,-
tion before answering, He testified as follows:
Became acquainted with Miner in 1866 or 1867
at Sandusky, Ohio; had known Peck for If
teen years at the time Of his celth. II was
A tuQiuega rplatinu Att first parkf haipn
fary and witness treasurer OF a railroad com
pany. Peck subsequently married a sister of
witness wife and died in August 1881. He
first saw Naile in the spring OF 1878, but did
not make his acquaintance at that time. John
w. Dorsey 10 his brother. Knew Boone In
1874 while he was p0stoffiee clerk. First met
Brady at the Cincinnati convention In 1876,
aud John II, Wales In New Mexico in 1876 or
1877.
Odd you ever enter into an agreement
with Brady, John Dorsey, Vale, Minor or
any or either OF them, to defraud the govern
ment by bidding for mail contracts
Witness -(Passionateiy)-I never entered IN
TO any suck agreement with anybody at any
time.
Q-Did you ever conspire with them TO de-
fraud the government
Al never entered into conspiracy with
with them OF any kind
Q-Did you ever pay money to Gen. Brady
TO influence his official actions2
Witnees-( Excitedly)-I never had trans
action with Gen. Brady to the extent Of one
cent In my life. | never paid him cent or
promised TO pay him cent for any possible
purpose
Odd you ever paid Tyner money or stock
to influence his official action while he was
First Assistant Postmaster General?
A-No. objection was made, and question
and answer were struck outl
Witness made the same answer In regard 10
Turner, which was also stricken out
Ingersoll cautioned the witness not to
answer tsfore the other side had an oppor-
tunity TO object.
Questions touching payment Of money or
stock 10 McGrew or LILLY were excluded
Odd you ever give any directions 10 Rer-
deli either verbally or in writing to open m
account with VIM. Smith?
ANever In the world
Cor with Samuel Jones2
A-Never.
Cor with rohn II. Aiitchell2
A-No.
Odd you ever state 10 Rerdel or ANYBODY
that William Smith stood for Brady?
Ain the first place there was no "Smith''
on my books; In the second never said t.
The prosecution wished to exclude this ane.
Al