The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-04-05
PRESS KILOGRAMS.
WASHINGTON.
sECRErARY FoLGER's CONDITION.

| iitu Ht Hdtu llO ClldI &c W ltty VI opOCieu
commentator to offer regarding any
of the officers or men. Melville made
as thorough search for the miss
| ing parties us coull be made I'M
der any circumstances. The Judge
advocate stated he had received
telegram from ID. f. Collins,
of Minneapolis, stating he had not been
notified of the arrival of Bartlett;
that he had mailed a list of questions
to be asked in behalf of his brother,
and requested the court to wait until
the receipt of his communication, as
he insisted upon full and thorough
examination. The court thereupon
adjourned until tomorrow, when the
letter will probably be received from
court directed the other survivors to
be instructed to remain here until eX-
amined upon the questions to be sub
mitted by Collins.
THE STAR ROUTE TRIAL.
The cross-examination of Dorsey
was continued to-day. He said Bos-
ter took away the book referred to on
yesterday to show Bliss.
An attempt was made to show that
the completely of accounts necessi-
tated the keeping of the books by
Rerdell, but witness strenuously
maintained that no such books had
been kept and that agents and EN-
ployes had been paid directly upon
rendition of their accounts; witness
did not know how long John Dorsey
had been Employed; he had been paid
| by witness or by Rerdell; did not
know who kept his accounts; it made
no difference for the money
came out of his (wit-
ness0 pocket; witness eXT lained
that check for $500 drawn in favor
of Rerdell had been given to the lat
ter when witness was about to leave
the city, and wanted money, and had
no time to go the bank; Rerdell re-
turned with the money, and it was
placed in witness valise.
Merrick asked if that was not an
unusual proceeding, for capitalist to
draw a check for so large sum to
order of his clerk instead of drawing
to his own order and endorsing it.
Witness said it might have been
for capitalist, but he did not happen
to be one; he regarded it as the most
natural thing in the world; he wanted
money and sent for it; John Dorsey
and Peck had been paid $4,000 each
THE EIGHTEENTH WEEK.
The first star route trial lasted fif-
teen weeks. The eighteenth week of
the second trial began this morning,
and the end still appears long way
off.
Merrick resumed croSs-eXamination
of Dorsey about instructions he had
given to Boone, relative to bidding
for contracts. Witness had no recol-
lection of a conversation with or in
structions to Boone upon the matters
of inquiry.
Merrick demanded to return to his
notice for the production of letter
press copy books.
IngersOH said that they had no
books containing letters of the date
described.
Bliss thought that this answer
should be made under oath.
IngerSOll, in long argument, con-
tended that the evidence sought was
secondary in character, and its loss
could not be remedied by the Substi-
tuition of other secondary evidence,
there being no degrees in such evil
dence. Ingersoll called attention to
Iut 1dCO Gll6tO lllC uOGlCc Cd1lcu lOI
copies of all letters written .On two
dates, regardless of the subject matter.
The prosecution evidently wish to go
fishing, in the hope they would dis
cover some new evidence in the
books.
The court said that defendant was
not bound to produce any evil
dence to eliminate himself. If he
no RI hn
papers, then secondary evidence
be be required to produce secondary
evidence against himself; so at last
the prosecution would be their own
secondary evidence. But no such
evidence was admissible until notice
had been served calling for the pro-
duction of original papers. In the
present case the notice was confined
to strictly secondary evidence-letter
press copies; and even if more speci-
tic, the other side could not be called
upon to produce it.
Bliss dissented from the opinion,
expressed by the court, that the de-
PENDANT could not be compelled to
produce evidence against himself, and
held that when defendant took the
stand he might be called upon to pro-
duce any evidence in his possession,
oral or written.
The court replied that when a de-
PENDANT took the stand of course he
would be regarded us any other wit
ness, and might be. cross-eXamined to
the same extent.
The examination was then re-
Sumed.
Witness said he had had his letter
books examined; had not found let
ter TO John Dorsey dated December
20, but the book was mutilated ut
that place and in other places.
Some questions were pit as to the
BOsler letter of May IL.
| Objection WAS made by lngerSoll,
who awaited himself of the Opportu-
nifty to explain his theory that Rer-
dell had gone through the copy
books, taken from them every letter
that could be of any use to defendants
and given them to The government in
part consideration of its protection;
other letters he had forged and manu-
featured, and now his client
proposed standing upon his le-
gal rights and accepting the cOnse-
Quences that might befall him
| IrOIl any llll6IcuCcS ChuSSu ny Illlo
conduct, rather than bring the books
into court and let differences be drawn
that might touch other people, politi-
cal, theological and otherwise. The
counsel could rest assured that they
would not allow any of them, not one
of them, no matter if it contained
only poetry about spring.
Witness stated that an examina-
ton of the books revealed the fact
that 600 pages had been torn out;
witness denied any recollection of
having employed Moore; had sent
check to Mrs. Moore at Boone's re-
quest and had seen the check since;
it was charged to Miner, Peck q Co.;
if witness had made contract he
would have remembered it.
All the conversations described by
Moore were generally denied by wit
ness.
Merrick inquired if witness had ex-
amined the index to ascertain If the
letter books had ever contained these
letters.
Ingersoll objected, but the question
was allowed, and witness answered
that he had not asked the question of