The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-03-27

could only apply to them as to the theolog'
ical question discussed at such length,
the court would not go into
that. II was unnecessary. The act OF
March Is, 1878 made defendant witness
aud that settled that point, so then the
only question OF competency was whether
Dorsey was defendant. When a newlaw was
ntrod uced and without Limitation said the
defendant shall be witness, no other COM
potency was required. The other view the
court would no pass upon. IL would not
go into the theological view nor beyond the
law of 1878.
Merrick inquired as to the necessity ior
swearing the witness under this view.
The court replied: $50 that he may be
punished for perjury he does not tell the
TRUTH
Merriok acknowledged the answer was
sufficient, He then went on TO disavow
any intention OF preventing the witness
from testifying the government was desi-
Gus that he should testify,
The Court" Administer the oath.h
lngersoll-"Ile may swear or affirm"
The Witness-"0h, | had just as soon
swear.n
The oath was then administered and
lngersoll began the examination.
Witness was yisibly agitated, and in in
stances scarcely waited for the conclusion
OF the question before answering. He tes-
titled as follows: Became acquainted with
Miner in 1866 or 1867, in Sandusky, Ohio;
had known Peck for fifteen years at the
time of his death; IL was bust ness
relation at first, Peck being
secretary, and witness treasurer OF a
railroad company; Peck subsequently mar
RED sister of witness wife, ard died in
August, 1881; first saw Vale in the spring
OF 1878, but did not make his acquaint-
Dorsey was his brother; knew Boone
in 1874, while he was post-Otllce clerk;
first met Brady at the Cincinnati conven-
ton in 1876, and John II. Watts in New
Mexico in 1876 or 1877.
Question-"Did you ever enter into an
agreement with Brady, John Dorsey Vale,
Miner or any other OF them to delraud the
government by bidding for mail con.
tractsl"
Witness (passonatelyl-"I never entered
into any such agreement with anybody at
any place or OF any time"
Questionable you ever conspire with
them to defraud the government"
Answer-"l never entered into Il con.
spiracy with them of any kind"
Question" you ever pay money to
General Brady to influence his official ac-
tions?"
Witness (excitody vi never had trans
action with General Brady to the extent OF
one cent inm my litei never paid him cent
or promised to pay him cent for any pos
slble purpose"
Questlon-"Did you ever pay Mr.. Tyner
money or stock to influence his official ao.
tions while he was first assistant postmaster
generai2"
Answer---"No"
Objection made, and question and answer
were stricken out.
witness made the same answer in regard
TO Tyner, which was also stricken out
lngersoll cautioned witness not to answer
before the other side had opportunity To
object
Questions touching the payment of
money or stock to McGrew and Liley were
excluded.
Question--"Did you ever give any direc
tons to Reerdell, either verbally or in
writing, to open an account with William
Smith,
Answer-"None in the world"
Question-"Or with Samuel Jones?n
Answer-"Never."
Question--"0r with John Ii. Mitchell? ~
Answer--"No.n
SuostioH-- blu you ever sIhte 10 heer-
dell or anybody that William Smith stood
for Brady"
Answer-"In the first place, there was no
Smith on my books In the second place, |
never saw it.n
The prosecution wished to exclude thus
answer, but the court allowed il to stand.
Question--"When did you first hear that
anybody alleged that YOU had an account
with Smith and Jones2"
Answer-'lt never came to my knowl-
edge until after Reerdell's statement. to
James and MacNeagh; that was the FIRST
that | ever heai d of the books. and Reerdel
was the first one to tell us of his state
mcut.h