National Republican., 1883-02-10
A LIVELY DAY In COURT.
Col. Ingersoll and the Court Discuss About
Slop Bucket Evidence.
Tilt Relative TO Witncsscs--The Stage OF
Conspiracy or no Conspiracy Reached.

ing MIR. Bliss continued the presentation oi
documentary evidence on tho route from
White river TO Rawlins.
Walter G.. Smith, of Rawlins, Wyoming
Territory, a notary, testified that he had wit.
messed an affidavit made by the subcontractor,
- Perkins.
Tho affidavit was shown to tho witness, and
he declared that tho figures denoting the
number of men and animals required had
been filled in after it had been sworn TO.
Another paper put in by the government
led Mr.. lngersoll TO remark that the prosecu-
ton had found it necessary to change its
theory with the introduction of every new
paper. lie said this case was kind Of slOp
bucket into which everything was thrown,
and he had much rather furnish the slop than
be the bucket TO hold it,
The court replied that in trying criminal
cases it was necessary to have slop buckets
The admissible evidence, if it proves the
crime, must turn out to be the slop bucket.
Here in this world, whore we are not angels,
we must have this disagreeable evidence. The
witness said that, in an interview with Per-
kins and himself, Rcrdell, while talking of
tho proposed increase of the service, said the
letters were gotten up to file in the postoIlice
in justification Of the increase. Senator Dor
sey was one of them (the parties in INTEREST,",
and had influence in the department (did not
mcntioned); and that the route would certainly
be increased.
On cross examination the witness said he
understood from Rerdelps conversation that
the contractors would get the increase whether
1t was necessary or unnecessary. STILL as far
as he knew, the increase was honestly needed
at that time and the contents of the letter
were true.
Mr. Ingersoll produced tho record of the
preceding trial, and declared that the witness
had changed his base of operations, and he
now placed in a conversation with Rerdell
statements that he then swOre had been COM
municated to Eugene Taylor in letter
The prosecution objected TO the manner of
conducting the cross examination, but they
were overruled by tho court.
Tho letter was then read by Mr. Ingersol.
1t informs Taylor that if he will get up and
forward petitions to Washington before March
!, 1881, the writer (Rcrdell) believed he can
secure increased service
The witness did not admit that the letter
contained the substance of the interview with
Rerdell.
Mr.. Bliss suddenly interrupting the cxami-
nation, exclaimed that Mr.. Ingersoll had been
attributing to the witness testimony given by
Taylor, another witness.
"What if have" retorted Mr.. Ingersoll,
"he has already answered five or six of the
questions, and il you had let me alone, /
would have gono through Foot's testimony as
we'll" Laughter
The witness said ho had told no one Mt the
preceding trial of tho Rerdell interview.
Could not remember to whom he first told
the story. Had told it to Mr.. Ker night be-
fore last
Mr.. Ingersoll. "Whorc was it you had your
rehearsal?"
Mr.. Kcr Gushing angrily). "That is not a
word counsel ought to use, and L object to it
toward me-"
Mr.. Ingorsoll. al don't mean any harm by
III; just want to know where it was that they
stood their witnesses up in line and re-
hcarsed the evidence. Where was it?"
\. AT the department Of Justice"
Mr.. Merrick objected to the questions that
were not, he said, within tho bounds of pro-
fessiOnal dcCenCy.
Mr.. Ingersoll "I only wish to say that /
decline to reply to any such speech as that"
The court said it was undoubtedly the duty
of u lawyer to examine his witnesses before
they testified in court, and it was not proper
to ask the witnesses what they had said upon
such examination.
The witness said Mr.. Ker had learned, in
dependently of witness, that Rerdell had been
in Rawlins.
He asked witness If he had converscd with
Rerdell on the occasion, and the witness re-
peated the conversation.
Referring TO the affidavit Mr.. Ingersoll
asked the witness If he thought it within his
duty to approve an affidavit that might work
harm to the government, and all that for so
cents, too.
The witness answered that he knew it was
within his power; his duty was merely to
witness the oath, regardless of the contents
On redirect examination the witness said
that in talking with Mr.. Ker, he had not been
asked to state anything that was untrue or to
suppress anything.
John G. Davis, of Rawlins testified that he
had been authorized to read Taylor's letters.
After the receipt of Rerdcll's letter witness
circulated petitions for increase. He did that
because he was in the employ of the stage
line company and wished to help them out.
Charles +. Perkins, subcontactor, said the
number of men and animals in the affidavit
had been left blank in accordance with writ
ten instruction from RerdGll
d" He told me to do it, and / did it," said the
witness. Rerdell told him the route would
be increased, and Mt his request witness circu-
lated petition. He was an interested party
and wanted three trips per week; didn't
know what the people generally wanted, and
didn't care whether or not they wanted the
increase.
j. b. Adams testified that Taylor trans
mitted Rerdells letter to him, and he at
tempted to secure signatures to petition. lie
went up to the military post at o'clock in
the morning but only got two signatures.
"Good Lord w exclaimed Mr.. Ingersoll
"who would sign petition before daybreak." /"
James g. Rawlins of Rawlins, said Rerdell
told him they could get the increase; he men.
toned the names of Brady and Dorsey.
"Is that competent your honorW asked
Mr.. Wilson.
a" AS against Rerdcll it is offered" said Mr.
Bliss.
The court. awe have reached that stage in
the proceedings where the question should be
disposed Of"
Mr.. MerriclS. az was about to suggest that
your honor"
The court then adjourned until Monday.
The question referred to by Judge WyliC
was whether or not the existence of con,
spiracy has been made out sufficiently to ad
nit evidence of the overt acts. When this
matter is disposed of, it is the intention of the
prosecution to place ez-Att'y Gen. Nc
| Veagh on the stand.
THE BAR PROTESTS.
Opposition 90 Pending LegisIntiOn to In'