National Republican., 1883-02-20

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been playing detective was written by Dor.
scy. rs a matter of fact witness never had
such 40 idea, Did not attempt TO initiate
Dorseys handwriting and sign his name.
Mr. lngersoll objected TO the examination
relative TO this pudding affidavit, out Of
which they seek to pluck plums." Rer-
dell was their own witness, whom they
brought before the jury as q man to be be-
licved yet they were making him swear that
he had sworn to false affidavit that ON
former occasion he had sworn to q statement
Numerically opposite to what he now made.
Mr. uerrick said IL was due to the govern
mcnt. 20 honesty, truth, and justice, that he
should prove the falsity Of the affidavit. He
wanted the witness TO lay himself bare in
this examination. He had proved the cir.
cumstances through which the affidavit had
been secured he had shown that IL had been
wrung from Rerdell by Dorsey's tears and
sobs. He demanded of the court the privilege
of across-cxamination to show up the entire
truth, to show how the witness was willing to
lay bare his entire knowledge of the subject ;
and the court could not refuse this request.
The court said II would hear counsel on the
other .ide on the proposition.
Mr.. Mcrrick declared that If n defendant
manufactured lies and it was proved, then it
was proof of his guilt. That paper was evil
dGncc Of Dorscy's guilt. If IL was false, wit
ness swore to IL and S. W. Dorsey suborned
the PERJURY.
Mr. lngersoll in reply said that the only
proof that Dorsey wrote the statement had
been Given by this witness, and he had sworn
exactly the other way on u former occasion.
! That could not be done in any court in the
world. IL they allowed n man to testify who
in the same breath testified that he had been
guilty of perjury they would fill every court
room With those Shiny, crawling creatures.
There had been motion of the air, but no
proof Upon such evidence wouldn't con-
Wet mine cnemy's dog, even though he had
bitten me" said Mr.. 1ngersoll.
Mc-rs Chandler and Bliss followed in brief
arguments. The court said IL was not for it
to pass upon the credibilty of n witness. Al
though the witness had pleaded guilty, his
testimony was still competent, and his COM
potency was not destroyed by any former
statement. He had heard the evidence given
by Ncssrs. James and MacVeagh, and that
evidence conilictcd with certain statement
before made by the witness.
Here Mr.. 1ngcrsOll made tho point that as
the court had entertained tho testimony of
James and MacVcagh only as against Rcrdell,
as he had pleaded guilty, it was no longer
properly before the jury.
The court replied that perhaps that view Of
the case would prevent the defense from cross
examining upon that paper.
Mcssrs. IngersOll and Davidge disclaimed
any intention of so doing.
| The court continued, and said he saw no
objection to the prosecution asking the wit
ness TO explain an apparently contradictory
statement; II was necessary for them to wait
until the other side brought ii out. Ano her
fact, that in itself would admit the evidence,
was that Dorsey was defendant, and his
acts could be shown The evidence was not
offered to contradict, but to strengthen and
corroEorate other evidence tending to show n
Consciousness of guilt and an attempt to
screen himself Dorsey from prosecution.
The examination then proceeded.
Mr.. Merrick renewed his demand upon the
defense for the production Of the books
/ (Dors4y's journal and ledger.
| Mr.. lngersoll declined to assist the witness
| by supplying him with the books.
Thd court said he did not see how they
could be forced to produce them.
Mr. Merrck insisted upon their production
Mr., Ingersoll Geerngly). You can't put NJ
guileboard to make man travel that way
| Mr.. Merricll then proceeded to prove the
cOntcltts of the books.
! The witness said there were four entries
| against VIM. Smith the first, $4,000; the
second, $1,000; the third, $500, and the
fourth, $1,000.
| Mr.. IMerrick called upon the defense to pro,
ducc the stub-check books.
Again Mr.. Ingcrsol declined, and argued
! that the court could not compel the produc'
tion OF the books, nor could it allow proof Of
their hontents.
| other counsel also made argument, nut tnt
court finally sustained the position taken hy
the prosecution.
Thd witness said he took the check books
and Went over the stubs. That was the next
day alter the interview between Dorsey and
Brady. Those marked "mail," four or five
perha bs, he summed up and charged on hi:
books to VIM. Smith. The checks footed VI
either So 600. $4,000, or $1,000.
Mr. Merrick went through the affidavit in
detal combatted at every step by objections
from the defense. Finally, he exclaimed
" For Gods sake stop your grumbling, and le
the fnIcts come out" Laughter.l Recurring
to his conversation with Dorsey, witnes
said dorsey said to him, Rerdell, if yo,
will do this-if you will stand up for me il
this lIlatter-I'll make 1t all right with you.
Witndss replied that money could not buy
him IL would not be any consideration at all
Witnlss said the route with double service, o
whicll he had spoken to MacVcagh, was tha
from Garland, via Alamasa, to Lake City
The route that had been Jumped up ant
down ' was that from Mineral Park to Phoebe
Mr.. Merrick took up the papers connected
with the route from Kearney to Kent AM
preseIl ted them in order to the witness. ii
testified regarding the handwriting, showing
that the defendants signed the names OF ON
another Adjourned
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