The Evening critic., 1883-03-27
SENATOR DORSEY ON THE STAND.
Merriek Tries 10 Keep Him From
TesttfyfnR-Thc Court Overruies
Merrtck-What Dorsey Swore to
YesfewdRw


Yesterday.
After our report closed yesterday, ex-senator
Stephen W. Dorsey was called TO the witness
stand. Mr., Merrick, who has all along pro-
fessed an ardent desire to see this very thing,
at once objected 10 Mr.. Dorseys competency
on account of his supposed religious or irrelig.
ious views, thus proving his insincerity when
he caused 1t TO be published time and again
how anxious he was to have Mr.. Dorsey 60 on
the stand. An animated discussion Immediate
ly arose between Mr.. Merrick and Colonel In.
gersoll. The former insisted that he had right,
under the law, to question the witness in re.
gard 10 his views. Colonel Ingersoll made q
characteristically
Strong and Eloquent Speech.
He objected TO the preparation OF this mon
strosity OF the dark ages. The country had
passed that point: In nearly every State, In
TO testify, whether he believed in future pun.
nishment and personal God or not. There
was defendant in this case whom the Gov.
ernment had taunted for year for not taking
the stand, and when he came here they sought
10 prevent his testimony. He admitted
not TESTIFY; that Humboldt, who knew
more than all of the State, would
not have been allowed to testify II his own
brother had been murdered before his eyes.
So with Tyndall and with Huxley. But in
those States, said Mr.. Ingersoll, with extreme
bitterness, man who beat his wife could go
lleve that His Honor would allow such pro-
cedure. The last time he had seen 1t tried was
before Judge Drummond, at Chicago, and the
judge said the examination concerned matters
of this world; the witness was to testify about
what he knew here.
Mr.. Merrick reiterated his points and
Colonel IngersOlA Responded
That IL there was another world and he had
actedlbadly in this he would expect to fare
badly there, and so he would expect to fare
well II he acted well here. He regarded truth
was on the stand and all he held most dear
was ut stake, still would he be compelled to ex-
press his belief, and cay that he did not be.
lieve in o personal deity; and there were
many excellent, generous people OF that belief.
In the dark ages people were 30 given to lying
that nobody was expected to tell the truth un-
MerricSjj had quoted law. NOW laws
were not always right. Many people
believed many laws to be wrong, as there were
such laws under the old inquisition, with Its
thumbecrews and racks, and fires and other
hideous monstrosities. They had laws against
witches and wizards in the days when they
dug up babies corpses and made ointment
out Of them. And In some States there were
still laws that barred a man from telling the
other man, or some holy book; and this, too,
after Darwin had lived and died. There used
TO be law to mako man catch q poor negro
woman, with her child in her arms, aud give
her back TO bloodhounds and the lash. He
hoped that the court would not entertain the
proposition.
Nhe court OVerruIeS hefrlcA.
The Court ruled that the act OF March 16,
1873, makes q defendant a witness In his own
behalf, II he so elects, and that settled the
point.
Mr.. Merrick inquired the necessity for
swearing the witness under this view.
The Court replied, 80 that he may be pun
shed for perjury II he does not tell the truth"
Mr.. Merrick acknowledged that the answer
was SUFFICIENT, and subsided.
DOrsey's Denials.
Mr.. Dorsey was then sworn, and after an
| swering the usual preliminary questions, he
| swore that he never entered into an agree
mont with the defendants, or any Of them, or
anybody else at any place or at any time to
| defraud the Government, and never entered
| into conspiracy with them OF any kind what
| ever. He swore that he never had a transac
| tion with General Brady to the extent OF one
| cent In his life, and never paid or promised to
| pay him cent for any possible purpose. He
| further swore that he never paid any stock to
| Tyner, Turner, McGrew or Lilley, but the an
swers were ruled out as incompetent.
He then swore that he never gave any d.
rections to Rerdell, either verbal or in writing,
| to open an account with william Smith, or
| Samuel Jones, or John II. Mitchell. He swore
| thathe never told Rerdell or anybody else that
| william Smith stood for Brady; for, he said,
| there was William Smith on his books. He
first heard that he had an account with Smith
| and Jones in Rerdells statements to James
| fnd MacVeagh. That was the first time he
| ever heard Of the books Rerdell alleged he
| kept.
At this point the court adjourned.