The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-03-30

and [ am as certain about that as | am about
anything. The witness said he drew the
money on Peck's routes and it was placed to
the credit of his account, but every cent was
paid over to Peck, after deducting the
| amounts paid to sub-contractors.
Mr.. Merrck pushed the inquiry in regard
to this subject further by asking why Peck
who was out there near the routes, had del
egated to him Dorsey senator of the
United States the work of managing them
The witness said he did not see why the
fact of his being senator should disqualify
him.
Mr.. Merrick reminded the witness of his
distance from the routes, but the witness ad-
nered to his original statement. The witness
had no recollection of sending check to p, G.
Reynolds for $55S.60 Counsel might have
satisfied himself on that point when the
checks had been offered in evidence.
Mr.. Merrick-I didn't hear that offer. You
offered TO create a tribunal which the court
refused to organize.
The witness did not know where John
Dorsey was on July II, 1878. A letter was
produced, but the witness had no recollec-
ton of signing John Dorsey's name to it.
Mr. Merrick endeavored to put the paper
in evidence, in order to show that, under
Peck's name, the witness held those con-
tracts The fact that the witness could not
see the paper was an obstacle that coRld not
be remedied, and the attempt failed.
AN INSURMoUNTABLE OBSTACLE.
The court rendered an opinion at some
length upon this subject, saying that the
genuineness of the paper had not been shown
in any way, and where evidence was lost by
the death of witness, or, as in this instance,
by loss of eyesight, the court would not per-
init the use of expedients to supply the
place of evidence, and knew of no relief from
the consequences to the party affected.
Mr. Merrick then offered in evidence con-
tracts purporting to be signed by Peck, to
show that Dorsey signed Peck's name. He
thought the same objection would not apply
in this case as in the case of the letter.
Argument was again made at length, and
this offer was also rejected.
The witness was next questioned at length
in regard to Miners movements during 1877
and 1878, but he did not recollect much
about them. Their relations during that
time were pleasant
Mr. Merrick tried to get the witness TO
make some definite statement in regard to
Miners whereabouts in December and Janu-
ary, in 1877 and 1878, but the witness de-
clined to do so. When, pressed he would re-
spond; Il don't think anything about the
NATTER
How came Miner here in January, 1S7S?'
inquired Mr.. Merrck.
On the cars, l presume" cody replied
the witness. He also refused to say, positive
ly, whether or not he had written to Miner
to come here. Miner usually stopped at
witnesses house when in Washington, and
used an Office in his house, where he pre-
pared his bids. Witness presumed that he
had recommended Miner to Peck as a man
lifted in every way to engage in the mail
business Witness Tnhn DOrcayr
and Miner at work together in the office upon
the bids. Might have seen John Dorsey and
Boone at work, but was positive he (witness)
had nothing to do with the preparation of
the bids; did not know whether or not Peck
did any of the work.
Mr.. Merrick inquired how it was that this
establishment was working under the wit
| neSs's roof and he knew nothing of it,
What did | have to do with that? angri-
ly replied the witness.
That is not my question, but it is what 1
am going to find out retorted Mr.. Merrick.
You had nothing to do with the business?"
Answer-No, sir.
Question-Why did you promise Boone a
| third interest?
Answer did not; thought it could be
| arranged
Q-Why did you employ him?
Am accordance with the letter from
Peck or John Dorsey.
Q.-What were the instructions contained
in those letters?
Al do not remember.
Odd you tell Boone to write out West
about the routes?
A.-Yes
Q.-Why?
A.-Because was requested to do so.
Q.-How? in the letter?
A.-Yes
Q.-I thought you did not remember the
instructions contained in it.
Al do not remember anything else.
Judge Wylie-Adjourn the court till to-
morrow.