Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-04-30

There was an increased attendance at Judge
Wylies court this morning. The court excused
the members Of the petit jury not engaged In the
present trial for two weeks
Mr. Carpenter asked that the proceedings be de-
layed for few minutes until Mr.. Ingersoll ar
rived. When the court adjourned Friday it was
with the understanding that Mr.. Ingersoll should
this morning speak for the two Dorseys as to
whether they JoiSed in the proposition to submit
us 1t understood" asked Mr. Henkle after MT.
carpenter sat down, "that the government de-
clnes the proposition to submit the case?"
Merrick.
"Your proposition is not complete yet" said
III take 1t for granted" said Mr.. Merrick, "that
the case Is such that the more 1t is discussed the
more disadvantageous it will be to the defend
Nh. INGERS0LL WILLING ON BEHALF OF THE DORsEYS
TO SUBMIT THE CASE.
In few minutes MIR. Ingersoll arrived. and after
whispered conversation arose and said: $50 far
as Mr.. Dorsey is commemorative two Dorseys-we
are willing to submit our case, provided the gov
ernment Is willing to submit theirs
Wylie.
THE GOVERNMENT DECLINES THE PROPOSITION
"The government" said Mr.. Merrick, s'has not
yet finished the opening OF the case, may it
please your honor"
"Tnat settles it." said Judge Wyl,e.
MI. Bliss Then began his address TO the fury.
MIR. Bliss Begins his Argument
Mr. Bliss In opening his address pointed out the
fact that the defense had tacitly received and ad-
m1tted the testimony OF the government witnesses
as TO the nature OF the country traversed By the
various routes, the amount OF mail matter carried,
&C, Tor although they had present in court those
who could give good testimony on such points they
had not ventured to put them on the stand.
He called attention to the fact that mistakes
which, 1t might be claimed were the result OF
carclessness. were always against the government.
Tne court, he thought, would instruct them that
Wnen defendant withheld evidence in his possess
slon IL was TO be inferred that that evidences would
, De aginst them During the trial the government
had demanded
DoRsEY's BOOKS
and letter books. The counsel had told them that
they would "get enough OF themn befor, the trial
was over. They had not, however, produced the
books, but pretended that they did not care to
nave the counsel and jury go rambling through
the books Unless these books showed sonnet hing
they were ashamed OF, why should they not pro-
duce them. He referred to the letter OF Dorsey to
periKins the sub-contractor asking him to get up
pettlonS before the 4th OF March. The letter OF
Peck TO Dorsey, at the beginning OF this contract
business, @ and other papers, which the government
the jury must infer that the books and papers
asked for by the government and refused by the
detense would confirm this testimony.
FAILURE OF THE DEFENSE TO CALL CERTAIN WIT
NESSES
They had it in their power at important dis
puted points to call witnesses, who were in their
interest, and shared in their plunder and did not
call them. James W. Bosler sat here day after
gay gay and and the defense lad not called him.
Yet, tn0ugh Mr.. BOSler was the friend. associate
and partner OF s. W. Dorsey, they did not dare to
put him on the stand 1t was not the business of
Tense did not choose to expose Bosler to cros-ex-
animation OF the government II they had the
government could have brou .ht out the contents
OF the book containing Bo ,ler's and Dorsey's ac-
IS,
made. When Dorsey had learned that he (AIr.
Blss) had had glimpse into this book he had
corrected his testimony in court, and said that
Bosier had the book. Though Mr.. Ingersol hal
promised that Bosler Should be called to the stand,
they had not dared to call him.
"He Is still under the governments attach
ment, }" interrupted MIR. Carpenter.
"sntli under the governments attachment" said
Mr Bliss, 'bqt more attached to the defense. We
pany."
DORSEYs THREATENING LETTER TO RERDEL1.
Mr. Bliss, proceeding, referred to the letter
written by j. w. Dorsey TO Rerdell, threatening
to have him prosecuted for alleged forgery IL he
ventured to give testimony for the government
and argued that that letter was confirmation OF
the truth OF Rerdells testimony. Referring TO
the wholesale denials Of the averments of the gov
ernment witnesses, Mr.. Bliss said that they
wanted the jury to believe that these witnesses
from the west had come here TO commit perjury
merely me for the pleasure OF IT. He referred to what
he called arccal attempt to diScredit the test-
mony OF Moore by Mr.. Belts after making great
flourish In court
A CONFIDENCE GAME.
Mr. Bliss reviewed the laws relating to mail
contracts, so far as they affected the issues In the
trial. He held that the law prescribing that in
case OF expedition the contractor should make
afhdivit OF the number OF ''stock and carriers"
required by the service did not contemplate that
the sta ton tenders, stable and OF hers should
be included in the calculation, as had been done
in these routes. He gave figures to show what q
great thing little understatement OF the men
and animals in use and little OverStatement OF
the men and animals required by proposed ex-
pedited service amounts to when the calculation
Is carried out Brady on the stand said he sup
posed these contractors were honest and had ac-
cepted these afdav1ts OF the contractors as abso-
utely conclusive not considering that the contrac-
tor, even II he was honest, would probably be
biased by his own interest. John W. Dorsey, in
making the afddavits, took it for granted he said
that the government would not be hurt, as there
was an honest Second Assistant Postmaster
General who would examine into these affidavits
Was there ever such confidence game as was
played by these two men7 Brady and John W.
Dorsey, both OF them, understood what this am
davit business was. and that like the petitions,
these aftidavits were simply to cover up and give
color OF honesty to the orders. He reviewed the
testimony relating to af1i aviJs and claimed that
his untruthfulneSs was shown by the contradic-
tory evidence introduced by the government
At this point the usual recess was taken.