Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-03-27
THE STAR ROUTE TRIAL.
Dorsey's DcniaEs Ola the Witness Stand.

were stationed at the doors, and after the seats
inside were filled admittance was denied to all
except those whose business required them to he
present in court A fair proportion OF the audi
tors were ladies. Ex-senator Dorsey took the
stand very soon after court opened. He wore
buttOn-hOe bouquet on the lapel
OF his coat, and seemed to have taken some
pains with bis personal appearance. He took with
Ingersoll resumed the examination by referring to
the statement OF Rerdell about Dorseys getting
check on or about June 20, 1873 The witness said
he never drew check on Mddleton's for 5000.
He drew check for $500 on the 27th or 2Sth of
| Witness did not draw the money on the check.
A CHECK WHICH LED TO ARGUMENT.
Mr. Ingersoll was about to offer this check to the
| jury, when Judge Wylie inquired II that was the
| check Rerden had referred to-
| Mr. Ingersoll argued that it was.
| Mr.. Merrick denied that this check answered the
description given by Rerdell
| Mr. Ingersoll said this was the only check, and
| Rerdell had forgotten that it was drawn to HIM
| self He claimed that Rerdell had first used the
singular words "Stub," "check-book'' and
.amount" in his testimony, and afterwards. fear
| large amount as he claimed, he changed the words
Mr.. Merrck, in replying, observed that If
| Rerdell's testimony was blotted entirely out OF
| the record, there would still be strong case
jury to believe the testimony OF RerdeI, who was
confessed accomplice Of these men, except where
| IL was C0rrODOrated.
Mr.. Bliss called attention to the record to show
that the record had evidently been in at first
In making these words in the singular, as the con-
| text required them to be in the plural.
After considerable argument, Mr. IngersoI hold
Ing up the check, said 81 will ask the prosecution
now, II. after consulting with ReTdell. this is not
| the check on which Rerden claimed the money was
| drawn which Dorsey paid to Brady?"
counsel ought to know" said Mr.. Merrick,
"that he can't put us in any such position that
We are not at liberty to testify If we wanted to,
nor can they testify"
~, You can make admissions If you want to-" said
well, SIR" said Mr. Merrick, "you can't put us
! In any such position as that"
"Well, think we have" said Mr. IngersOll.
"We propose to try this case on the testimony in
the record" said Mr.. Merrick.
Mt Ingerson declared it his intention to follow
| up This check with every check drawn by Dorsey
| On Middleton Co. in 1879
Nj Wilson said he proposed to show that this
$1,000 had gone to Rerdeil, and never farrhing
| had gone to Mr. Brady.
JUDGE wYLIE's RULING EXCLUDING THE CHECK
Judge Wylie, in dsposing Of the question, said
! Rerdell saw Dorsey draw certain sum Of money,
| the amount OF which he did not know, at Middle
tons bank and then went with Dorsey to the Post
| once department, where Rerdel waited in Tur-
| nerS room while Dorsey went into Brady's room.
he did not say anything as to the amount, and the
no money from MiddIeton's in the month OF June.
!s19 or that ne did not go to see Brady The proof
| !hat Dorsey drew certain checks on Middleton's
| that month did not tend to disprove what Reriel
stated, but On the contrary tended to strengthen
| IT. The check was therefore excluded from the
testimony.
Mr.. Wilson moved that the court strike out of
the testimony that part OF Rerdell's testimony re-
Iating to Dorsey's visit TO Middleton & Co. and to
Judge WylIe said he could not entertain any
such offer now.
THE EXAMINATION OF THE WITNESS
| then proceeded He said he did not think he went
| to Middleton & Co.'s bank with Rerdeu in June,
| 1879. He could not remember. He had not gone
| with Rerdel to Mddleton's and then to Brady's
once once: ne had not taken any money to any Post
mony Brad Witness Fsen paa
Wilbur F. Kellogg as his book-keeper. Afterwards
he had employed E. W. Torrey. He had never
asked II he had drawn any checks On Middleton &
90. on account OF ''mail" which added together
mace r Hs e M dne Witness SAID he could not rsmem
what his clerks had told him, as he could not see
Ihey had gone over his checks carefully. Rerdell
mad access to the witness check books from which
checks on mail account were drawn, probably four
or five days during the month OF June, 1874
THE WITNESS DENIED
having written letter as testified by RerdelD to
Bosler, proposing to have him take an interest In
the mail business, telling him that certain
| amount had to be paid "T. j. b." &C. He had
never written such letter to anybody. The wit
ness was asked about the alleged visit to RerdelPs
said he was never in Rerdelrs ONCE but tWice IN
his life. Once during the last trial he went there
with Rerdel to get some papers relating to certain
six days after Rerdell got out OF jail when Rerell
came to witness house and said he was going TO
Florida; Witness then went to Rerdell's ONCE
with him. His papers were put in witness car
rtage and taken to witness house, where they
still remained. and Rerdell had the safe removed
office.
The witness. when asked as to the interview
testified s to by Rerdell as having taken place at
WIZARDS hotel, July IL 1892 said he had an inter-
view With Rerdell at the hotel some time in July
or that year. Some time during the last trial
Rerdell had attempted, in witness tudoment to
blackmail Mr.. BoSler
objection was made and this was stricken out
u,i, Ths witness. proceeding, said he had gone to
there talking with Bosler. This was the day
before Rerdell signed his affidavit Rerdel was
against him were not true.
AT THIS point recess was taken.
DOrsey's Defense
THE EX-SENATOR ON THE sTANp-MR MERR1ck
RAISES THE QUESTION OF THE WITNESS RELIC
IOUS BELIEF.
After THE STARS report OF the star route trial
closed yesterday Mr.. Ingersoll called ex-senator
Stephen w. Dorsey to the stand. When Mr.. Dor
sey was about to be sworn Mr.. Merrick said he de-
sired to examine the witness as to whether an
oatn was binding upon his conscience.
"Any oath." said the witness, who appeared
somewhat excited, and shook his finger In the face
OF Mr. Merrick. 'will be as binding on my con-
science as on MIR. Merrck'S cOnscience"
made an eloquent protest against Introducing into
this case, In this century, the barbarism OF the
dark ages, when, he said, men were so given to
lying that they had to be scared in order to get
them to tell the truth. He delivered, with con-
siderable spirit, an address In the same strain as
many OF his So-called 'inf1del" lectures, setting
forth his views on religion.
Mr.. Merrck In replying, said that what Mr..
IngerSoll termed the barOlrism OF the past, was
the light which had come down to us from many
centuries, and 1t needed no defense from him. He
was asking for his rights under the law He did
not object to the witness giving his narrative He
simply now wanted TO know whether, when TAX
Ing this oath he. like other witnesses, felt that
his conscience was involved as an immortal man
before heaven.
Mr.: Ingersoll said his objection was flrst that
this form was part OF the barbarism OF the past
and secondly that there is no qualification In the
law that permitted witness to testify In his own
behalf
Judge Wylie, in deciding the question said he
mad nothing to do with its theological aspect He
ruled that the act OF March 16, 1873, permitting
defendant to testify settled the point as the law
prescribed no other qualification. he observed
that the witness could be punished for perjury II
he did not tell the truth.
Mr.. Merrick diSavowed any intention Of prevent
Ing the witness from tesHfying, but said 1t was
his purpose to let the jury know on what terms he
testified.
The witness was then sworn and made genera,
denial c0nSniracV having had apv