The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-03-08

- .NV "at'eR tSsst NC aVVeN III threaten
ing tones.
The court SAID notice had been served
from the defense to prove the stub, books 3.
They had refused, which they had perfect
right TO do, and the government was com.
PEELED to make out their case by secondary
evidence. They were not obliged 10 do IL II
they did not exist, and if they had repre.
sented that to the court, but now court had
the right TO assume the evidence did exist
aud was in the hands % the defense. If
they wanted TO contradict Reerdell, il must
be In some essential manner. In the
opinion of the court what he had said in re-
gard TO Belford had no relation to any of
the defendants, Itdd not necessarily cast an
imputation ON Belford's character, because
the stub showed the check had been drawn
to the order of Beiiord 1t did not show a
relation TO any matter charged in this in.
dictment.
Dayidge-"But il was charged to mail. -
The court said il might have been drawn
to to order of BelIocd or bearer, and some
body else might have drawn the money.
Beliord might never have seen the check.
lt was common thing. They could not
contradict the evinence OF the witness with.
out producing the book. The objection
was therefore sustained.
lngersoll then asked witness if he had
ever received any property Tor the use of
his influence at the post-oilice department
to secure increase of service upon these
routes. As basis Tor his question he re-
ferred to Reerdell's statement In relation to
the entry of $1,000 IN Belford's name. He
said the prosecution ought not TO deprive
Belford OF the opportunity to deny this
statement. lie could not have imagined
that Reerdell would refer to James b. Bel.
ford any more than to the chief justice
la Ia lad =.
| questions, TO show that witness had acted in
good faith in seeking the extension of mail
| service.
Davidge also Thought Witness should have
a chance to vindicate himself.
The court said witness could do that by
making affidavit before justice of the
| peace. As to Wilson's point THAT Brady
was not responsible 'or Dorsey's failure to
produce the books, the court had some
time ago decided inst the defendants were
JOINT and not separate defendants, and that
the action OF one was the action of all,
after the accumulation of the evidence of
conspiracy had justified the court in sub
mitting 1t to jury, Reerdell's statements
could not be contrad ;cted by secondary eyi.
dence, when court Snew the defense had
primary evidence. The evidence showed
that they used fictitious names to
| conceal fraudulent entries, and the fact that
Beiord's full name had been used was an
argument to- show that no fraud existed in
| that connection.
Carpenter-"B ButitIwas charged mailm
The court replied fhe entry might have
been made in oonnedtiou with some OF the
legitimate mail business. At any rate the
court would not allow the proposed in.
quiry.
Ingersoll nut number of questions to
itnpgg lptlnllnu n .lhnku tha ,ynAI fattl
| in which representatf as had been made to
! the department, but the court refused to
| allow them, saying at would presume
legally and from thel, cts that there was no
imputation against T&liord.
Witness had said e4erything man could
state to get service; IL, had made atements
not only to Brady, b, to other officers of
the department.
When Belford was Excused as a witness
in the star.route trial he asked the priyi-
| lege Of making stat. ment to the court
concerning evidence Touching him, but the
request was refused. Belford, however,
exclaimed with great telling, "In the name
OF the living God. never saw such q
check" He turned ssd was about to leave
court, when Judge Wylie, in an impera-
! tive tone, ordered him to return, declaring
his conduct the grossest contempt of court,
and fined him 500.
Bedford having re urned, the court in
quired what he had aid, and Bedford re.
peated it with emphasis
! This is contempt of court" exclaimed
his honor, "and the coairt imposes fine of
$lOO, and you stand c. cfmmitted until it is
paid"
~ will pay $780, 4torted Bedioid de-
liantly, but no man tlall STAB my charac.
| ter"
This is a degree Of nperiinence and in.
science which the cour will not permit o.
take place in its preSe y Indignantly eX.
! claimed his honor - =
1 carpenter inquired whether the oonrl nau
jurisdiction to impose a fine without issu.
ing rule to show cause
Ger ainly it has" replied the court. at
is disorder in conrt, which the court can
take notice OF Immediately"
lngersoll asked permission, in the inter-
est of peace, to say word about Mr.. Bel
ford's feeling on this subject. Under all
the circumstances, recollecting there was
about as much human nature in people as
there was in courts, would it not be better
for the court to let him gop He did not
think Judge Belford meant any disrespect,
but he had a good deal of feeling on the
subject. There might be something par.
donabe in the natural indignation OF man
whose fair fame had been assaied. He
thought his honor, under the same circum.
stances, would have gone at least as far.
fou have no right to use the court as
an illustration," interrupted Judge Wylie,
severely.
lngersoll begged pardon, and took him.
stances he knew that he would go beyond
the bounds OF propriety, and thought
everybody would, He made this
suggestion, not for the purpose OF
having the court do anything which
1t did not believe could be done consist
emily, but for the purpose Of asking the
court to take all the circumstances into
consideration.
Merrick said that from what he heard ai
recess he was looking Tor some such state.
ment at the stand as had been made from
the bar. Notwithstanding the limitation
OF the court, he might be in error, but it
was subject Of court. II Beliord wanted
exact and full vindication, he would not be
satisfied in making the statement he did,
but would have asked for the book, which
would reply to oil that was said here. II
the court went formally Into the sub lect he
should like to know what had passed dur.
ing recess
lngersoll declared he had not seen Bel.
ford during recess, and Davidge said he had
not seen him until his return to the
COURTROOM. "As to the book" said
Davidge, they would get enough Of II be.
fore they were through Beliord's action
was natural to any man Of honor" When
he had returned to the court.
room he had seen Belford, and
OF course that fact had been reported BY
some OF the spies and detectives OF the GOV.
crnment, who had even the counsel under
constant espionage, What had passed be.
tween them was simply this Beliord told
him he had served for twenty five years he.
fore the bar and intended to request the
court to allow him to make statement
Davidge appealed to the court. TO recon
slider Its action and remit the fine.
The court said Belford had occupied y
place OF consequence before the country
for many years,
Belford arose, but the court hastily bad,
him be seated, saying no was not address
him.
The court proceeded TO review Reerdsll',
testimony upon the point in question, AND