National Republican., 1883-01-26
"UNPROFESSIONAL CONDUCT"
A Very Lively Day in the Criminal Court
Room.
A Tilt Between Bliss and lngersoll
Stopped by the Court.
Judge Wyio Savagely Attacks One Of The Counsel for
the Defense and then Begs His Pardon.
Dorscy's Letters Read In Court-Tho OBJ
JectIoDs by the Defense.

thor cross-examned in tho star route trial
yesterday morning. The witness complained
of tho unfair practice pursued toward him of
reading his letters in evidence after he had
left the stand. Mr.. Wilson offered him an OPP
portunity at explaining any apparent discrep-
ancy, and the witness made an explanation
Mt some length. A. G. Boone was then
called and examined by Mr.. Merrck. He
testified that he knew all of the defendants
in this case. Had been introduced to Peck in
the Postoliice department, but would not rec
ognizo him now. Had conversations with
Miner Stephen Dorsey, and, perhaps, John
Dorsey, with respect to the witness Moore, in
the spring of 1878. In tho conversation
with Stephen Dorsey, witness recommend
ed Moore, who had been ono of his
own travelling agents TO look after the routes
Miner called at wtncss's Office the next day.
and saw Moore. Moore insisted upon salary
Of $3.50 per month, which Miner agreed TO
allow after twenty-four hours consideration.
After Moore had left, witness called Miners
attention to tho fact that check had not
been sent to Moores wife according to promise
He also saw Stephen Dorsey, who promptly
sent the check upon Boone's request. Wit
ness had been extensively engaged in the mail
contract business since 1876.
Mr.. Merrick. Did you have any of them
expedited?
Mr.. Ingersoll. object.
Mr.. Mcrrick. OF course; you know he
can't prove it; he never got any of them OK
pedited.
In conversation with Stephen Dorsey in
November, 1877, at his house, Dorsey pro-
duced letter from Peck, desiring him to Sc
cure an experienced man TO get up the bids
for the next letting. He offered witness tho
position, but the latter declined to accept u
salary, demanding an interest in the business,
which Dorsey finally agreed TO give him.
Witness was cautioned not to let Mr.. Ell
kins, and perhaps Bruce and Kerens, know
what he was about. In fact he was placed
under an injunction Of secrecy. 1t was not
the practice of mail contractors TO inform ono
another as to the details of their business.
Mr.. Chandler objected to u recital of the con-
versation with Dorsey, because it related to
acts alleged to have been committed, which
were barred by the statute of limitations, but
the objection was overruled by the court.
The witness told how he caused circulars to
be printed and sent out to postmasters by
Dorsey's directions-his testimony on this
point being substantially n repetition Of his
testimony given at the preceding trial.
The defense moved that all of the testi-
mony relative to the sending out of tho blank
proposals be stricken out, because 1t was not
shown that they concerned any of the routes
set out in the indictment, and for other rea-
sons. A long argument ensued, in the course
of which Mr.. Ingersoll asserted that the
court had rejected the letters connected with
the proposals at the former trial. and that the
government had then caused them to be pub
lished in the New York Herald. They did
that because they were trying the case before
tho public, and not before this court.
The court said the principal question was
whether there was conspiracy or not. Sena-
tor Dorsey was not mentioned by name in tho
contracts. OF course at that day it was inn
possible to say who was to get the contract
upon any particular route. Proof of q general
cOnfcderacy or combination for the purpose
Of securing the contracts would be competent
evidence, although itmust be understood that
il would he admitted at present solely as
showing the combination 1t was only adj
mitted rs to Dorsey and Miner, unless the
other defendants should be connected with it
afterward.
Witness said he was directed by Dorsey to
send out blank proposals TO certain post
masters. "The bondsmen would be furnished
there the bidders here"
Tho witness was asked who received the
proposals when they were returned but OBJ
lection was made, and another discussion
followed.
Mr. Bliss said Mr.. Ingersol was right in
his statement that the government assumed
that Stephen w. Dorsey was the root of the
concern. In point of fact he sent out the
proposals and received them
The court allowed tho question: and wit
ness said the packages were returned to him
through Stephen w, Dorsey. Three post
masters responded-the postmaster at Little
Rock, Hot Springs, and Helena.
The proposals were used in bidding at the
letting, call that he could get in" said the
witness
In response to n request for the idcntiaca-
tion of letter put in evidence, Mr. Bliss read
as follows:
"United States senate chamber, Washing
ton, ID. c., December o, 1873"
" Are you sure it is United states senate
chamber" said Mr.. Ingersoll, with savage
emphasis upon the quoted words. (Then, as
tho court raped for order), "Oh, only
wanted that to be emphasized properly"
Mr. Merrick Immediately presented another
letter to the Witness and inquired: "The
Stephen w. Dorsey who signed that was a
United States senator, was he not" A. Yes,
sir.
as showing Dorsey's connection with the
transactions to which the witness had testi-
fed. "In other words" as Mr.. MerrcS said,
" the witness on tho stand was temporarily
placed aside, while s. w. Dorsey himself
spoke to the jury in what he had written with
his own hand.
The defense objected, and pointed to the
record of the last trial, when the court had
rejected the proflered evidence. In the course
of tho argument Mr.. Ingersoll used the cx-
preston, "Whcre will this end?"
SIN the penitentiary," promptly interposed
Mr.. Bliss.
Mr.. Ingersoll Shaking his finger at Mr.,
Bli5s) You will be there Us soon rs my client
The Court. This is entirely unprofessional
Mr. Ingersoll. Did provoke it?
The Court. No.
Mr.. Ingersoll. represent gentleman, and
do not purpose doing anything gentleman
may not do.
The court said that at the last trial IL
seemed to have gone of with the idea that il
was an attempt to prove some sort OF official
misconduct on the part Of Senator Dorsey,
aside from tho routes in this case. In that
instance it overlooked entirely tho other
questiOu--whether the evidence did not tend
to show the connection between Dorsey and
the other defendants in the preparation OF
tho bids for the letting soon TO be made. The
court then got certain view of tho case, and
ran Off on that limo. 1t might rs well bo un-
derstood that questions arising in this case
would be decided without bias from any for
mer decision. Suddenly, aud with great in-
dignatiOn 60 Mr.. Williams, who sat there
smiling): "What do you mean by that, sir
What do you mean by sneering and giggling
like fool at the decision of this courtT'
Mr.. Williams / don't understand you.
don't believe the courts language was war
rapted. was talking about another matter
and did not hear you.
The Court. You should have been listen
ing.
Mr.. Williams You honor has not decided
the question yet. / could not havo expressed