National Republican., 1883-03-01
Mr.. Merrick Says He Never Gives His Regards
to a Puppy.
Col. lngersoll Vehementy Replies "You
Are Dirty Dog"
Judge wylc Requires Mr. Merrick TO Apologize
10 the Court
Col. Ingerson Feels Sorry Too ana the
Trial OF Rerdcll Proceeds,

ground was again covered III the crosS-exami- !
nation.
"Is that Pcclts signature9" inq quired Mr.. |
Ingcrsol.
"It is responded the witness.
"Pass the paper back ;" said Mr.. Ingersoll, !
sarc,stically, "if you looked at IL long you
might change your mind"
Mr.. Mcrrcl, objected to Mr.. Ingersolls cut !
ting off the witness in the middle of his ap-
swcr
Mr.. Ingersoll denied the charge, and an
angry passage occurred.
Mr. Mcrrick said he should interrupt with
out regard to the wishes of counsel.
Mr. lngcrsoll twarmly) do not want the
regard of counsel, aud would consider his re-
gard ns an insult
Mr.. Mcrrck turning quickly toward his
opponcnt). never give my rcgarus 10
puppy.
Mr. Ingcrsoll (involuntarily picking mp q
heavy inkstand, and red with angcr) You
are dirty dog.
The court, pounding vigorously upon the
desk, finally restored order. Judge Wylie
was visibly shocked and outraged.
Mr.. Merrici began TO explain that he had
been pressed beyond the limits of human en-
durancc, but the court, intcrrupting, said tho
language was ineXcusable under any provo
cation.
Mr. Mcrrick expressed his sorrow no man
la0 n greater IebneCU LOT lHt COulti anu hc
would bow with submission to it,
The court thought IL was due to the court
that the remarks be rctracted.
Mr. Mcrrck said that he would do IL by
direction of the court but pleaded in eXtcnua-
ton the provocation given, and hoped the
other counsel would be asked to rctract.
Mr.. lngersoll deprecated the bad feeling
that had been exhibited on this and other
occasions. So far as he was concerned, he
would willingly ignore any remark. But he
wanted IL understood that no man could abuse
him without resistance on his part. Said he:
! would do il at the day of Judgment If
we're assailed by God. i would defend my
self with my little puny power" But no
man was small enough or little enough for
him to OppTess or abuse no man should come
more than half way in an offer of compromise.
The court said 1t regarded the occurrence as
an alteration between counsel not aimed at
the dignity of the court, except as being dis
order in the court ROOM technically, per-
haps contempt. IL regretted exceedingly the
bad feeling shown by counsel all along; they
Ghowed no disposition to receive with allow
ance and charitable consideration what might
fall from the other side, but IL was fgura-
lively speaking, word and blow. 1t impeded
the trial and was productive of no good. If
counsel on both sides would put the hydraulic
pressure upon their tcmpcrs that seemed to be
necessary all would be well. Upon the ques-
tion that had precipitated the alteration the
government COUNSEL seemed 10 have been in
the right; but after the quarrel had begun
language had been used by Mr.. Merrick that
should not have been used in court. But he
had now magnanmously withdrawn the cpl
thet, and the other COUNSEL had in general
way done the same.
After some further explanations the affair
was amicably settled, and the entire passage
stricken out OF the record.
At the suggestion of Mr.. Bliss, Mr.. lnger-
soil also consented that any offensive remarks
he might have made in this or the previous
trial he stricken out of the record.
The cross-cXamination was then resumed
Mr.. ngcrsoll cndeavo orcd to show that while
Rerdell was working for the government he
had been soliciting and receiving funds from
Dorsey for alleged legal expenses
The court refused to go into the subject.
Mr.. Ingersoll l want to show that while
some people bite the hand that refuses them
food, this man had bitten the hand that gave
food.
The court replied that that was metaphor,
and il could not go into metaphors.
After the recess, Mr. IngersOll requested
that the court allow Messrs. Wilson and
Henkle to ask the witness few questions
about matters concerning their clients Brady
Vale and Miner. So far as he was concerned
he had finished with the witness.
Mr.. Merrick consented to the proposition
and Mr.. Henkle put some questions to the
witness touching the preparation of afiidavits
and petitions connected with the routes. Dur.
ing his examination Mr.. Henkle said that
he had received telegram from his client
(NQile) indicating that he would be here to-
morrow. He should like to reserve the
privilege of asking few questions after con
sultation with him.
The court said il would consider the re
quest when it was in order.
Mr.. Wilson then examined the witness.
He said he had no business interviews will
aitbnr rynpr ~ Frpuph Mr. Wilson
pretty nearly right when he assumed that
witness had seen Brady but few times, Tive
of the visits had been in relation to the pay
Of Taylor on the Rawllns route. On another
occasion witness discovered that there was
duplication of service on the Ouray-Lo
Pinos route and reported it to Brady.
Mr.. Wilson endeavored to bring out thu
conversation upon that occasion, asserting
that it would show Bradys perfect integrity
and that he had rcscindod the order imnedi
ately.
The prosecution resisted this attempt, ant
the court held that il was not matter for eros
examination; the witness might be called fo
the defense in proper time
Mr.. Wilson noted an exception, and thI
CrOss-examination closed.
Mr.. MerriCk conducted the redirect ex
animation.
Witness said that 8. w. Dorsey called upoI
him in Jail. The conversation with Thomp
son about the letters did not occur in the jail
but while he was hunting with that gentle
man. The papers were gone into at somI
length, with the object of showing a continu
ance of the relations between the defendant
after the alleged division of routes.
An acrimonious remark by one of the coun
sci that seemed TO fOrebode another storm wa.
neutraliled by Mr.. Carpenters remarkng
Let's have the love feast again" Llaughterl
and the examination continued.
long discussion took place upon an at
tempt of the prosecution to prove that Vail
had been forowarned of Rerdell's intended
course when he gave him the $40,
The court decided TO allow the inquiry.
The witness said he had two conversation
with Naile on the subject one of them aftc
December last, in which he told Vaile that h
was in communication with the government
that he was trying to get out Of the case, AM
had spoken to some Of the government EN-
plOyes. Naile said he had done well; tina
If IL had not been for the fact that h
had been on the stand at tho last trial, j
would
Mr., Dayidgc objected and the answer wa
not finished.
The witness said the loan was purely
business transaction between Vailo and him
self. Witness made the request in the couT
room, explaining his need and his intentiO
Of repaying tho loan, Witness first leaTne
that the government was willing TO acceI
him as n witness on the night when he Wen
to Mr., MerTiCli's house. That gentleman ha
read from the statutes 10 show what Rerdell
punishment would be; he had told him tha
he had nothing to expect except from III
mercy Of the court