The Evening critic., 1883-05-25

ihc cneAt route fs from kearney to Kent.
John W. Dorsey had an interest In that route,
according to agreement OF August 10, OF one.
third. You Will see from page 726 of the
| iecerd that the frat quarter John NJ. Peck got
me money, T24b,O6; II was much. John W.
Dorsey was entitled to one.third OF that, II IL
was proht. Tho next quarter was paid on the
22d 2r, Si Janqgsry, 1s59.that is, for tho fourth
Naiie. And mover another solitary cent was
paid to anybody in such way that John W.
| Dorsey was entitled to any part. or portion
trouble, so far as John W. Dorsey was
concerned no matter what the increase
may have been after that no matter what tho
carried II for nothing, no matter what happen
ca 10 Cedarville or that city OF Fitzalon; 1t was
R ,hterest EST TO- 70 John & W. Dorsey no matter
Cednrville or not. He was entitled to one
anird nd ,, o. the profits on one payment to Peck,
ana and tnat @ payment was s245.O8; whether he
Let us see how he came out on the next
route, from Bismarck to Tongue River. He
to that In little while. Now, call attention
TO page 1877. Tho third quarter from July
70 september 30, 1873, was paid November 8,
on the route was paid to John w. Dorsey, ac.
cordipg TO this record, II you can rely on these
THAT is tho state Of the case on those three
routes. And yet 1t is solemnly'averred in the
Indictment that all the orders on these routes
were made for the Joint beneft OF John w.
Now, there were two afldavlts made by John
W. Dorsey on route 3S134, Pueblo to Rosita.
Around those afldavits Mr.. Bliss hovered and
Mr.. ker remained. John W. Dorsey testifies
tfat he received one OF those aflldavits In the
morning and swore to 1t, and that 1t was flIod
up when he ewore to 1t. Mr.. Bliss aud Mr.,
her' beieve, Doth say that 1t was not nlled
up.
MIR. Bllsswhere does Mr.. Dorsny say tha.
1t was filled up when he swore to 1t?
Mr.. 1ngersoll-He says It In his evidence.
Mr.. Bliss-1would like a reference to It,
sey's evidence.
Mr.. Bliss--I have looked In vain.
Mr.. Iugersoll-I have not the page here hut
Will give It TO you.
Mr.. Dayidge-He certainly swore that he
never swore to any blank anidavits.
Mr.. Ingersoll-He swore that a dozen times
that he never swore to any blank afIldayits.
Mr.. Bliss-I undertake TO say that 1t cannot
bo found In his evidence.
The Court-Ho testified that he received
them both by mail, and that the second one
was contained in a letter which said that there
was IN error In the first, and the second was
sent for the purpose Of correcting that error,
Mr.. Mr.lngersoll-There could not have been
any errorin the first unless 1t had been filled
up. You cannot mako an error In blank,
Mr.. Merrick- My recollection is that he saws
he does not know whether they were blank or
not.
Mr.. Ingersoll-on page 1888, Mr.. Rerdell
swore that he left this city on the 18th or 18TH
OF April for the West, and then he adds "I
think on the 18TH" Then the Government
brought the hotelkeepers from Sidney,
Nebraska, and from Denver, and from some
other place, nearly as many witnesses as you
had about the paper pulp.
The COurt-The other place was Greeley
Mr.. 1ngersoll-Yes, sir. And they proved
that Rerdell was beyond the Missouri River
on the 21st of April.
Now see what Mr.. Bliss says on page do1A.
"And yet, gentlemen, II is beyond dispute
that as early as the 18th of April, 1870,
Mr. herdsll had left th this city and gone Vest
the printer, except for the next lines:
1--WE placed upon the witness-stand here the
,hree hrnea hoteakteepers t one from Sidney, in Ne
tho other from Denver. They produced their
hotel books, showing Mr.. Rerdell's presence
~ th0se ar tS =, on about the
The evidence shows that he left here on the
l7th or 18th, and Rerdell swears himself that
he thinks IL was the 18th.
The Court-Did not the witnesses prove that
he was at Denver on the evening OF the 24th,
and that the same day he took dinner at Gree.
Mr.. Bliss-He was at Sidney earlier, the 21st,
I think.
Mr.. Ingersoll-Mr Bliss says here the 10Th.
MIR. Bliss-I think said the 10th or Doth.
The Court-I am speaking OF the evidence
itself.
Mr.. Bllss-Mr. Rerdell says the 18th or the
18th. Wv
The Court-You had three witnesses.
MIR. Merrick-Two witnesses from the West.
Mr.. lngersoll-Why did he have 1t stated on
me me, 18th, Il gentlemen? ] VIII tell you. oh,
It gets to working. John w. Dorsey was in
Middlebury, VT; II a letter had been sent
from na, here on the 18th, It certainly would have
Rerdell out OF this town as early as possible,
80 that 1t would make 1t highly Improbable
the o wUud sst TO aafS eer from that time to
dence is that he left here, he thinks, on the
18th. When did the letter get up thereP /
think the Doth or 21st.
Mr.. Davidge-Thero was Sunday inter.
vened.
Mr.. Ingersoll--They say, gentlemen, that
mere ls no evidence that the blanks were
received letter stating that the first afIldayit
was erroneous, and the second one was sent to
him TO correct It. How would you correct one
smdavit In blank by another afIidayit In
blank How did he ever get those afIldavlts?
will tell you. We Will have that little mat.
ter settled.
Mr.. Crane foreman of the jury)-I would
like to have this matter settled as to The time
II woulo take for the afIidavits to 20 from
here TO vermont u Sunday interviewed.
Mr.. Ingersoll-Sunday did intervene.
Mr.. Davidge-Sunday intervened.
Mr. .lngersoil-More than that, II they put 1t
In the mail In the evening of the 18TH, it
might not go out until the morning of the
18th. But here fs what Rerdell swears on
page 2232-the top line:
Q When tid yoH leave to 60 west'-AI
Now, down little further, near the bottom:
70. What time did YOU leave?-A. left here
either on the 18th or 18th Of April; the 18th, I
Mr.. Bliss thinks that 1t was about the 18th.
Now let us see how those anidavits got TO John
W. Dorsey:
so. When did you return from that yislt2-
A. l returned about the 9th OF May.
70. State whether or not after you returned,
about the middle OF May, as you say, be.
"A. [Interposing.l said about the 9th Of
May.
so. Continuing. .l-about the 9Th of Nav.
1879 you found blank af1ldavits among the
papers connected with the business?-A. Yes,
Sir.
80. How many did you nnd?-A. Well, there
were several blank afIidavits OF John W Dor
sey's and several OF John NJ. Peck's. 1 don't
know how many there were.
20. We're they blank afIidavits?-A. Well.
sir, they were blank afldavits similar to that
one sent, leaving out the number OF men and
animals In each case.
90; Did they purport to have been sworn tor
"A. Yes, SIR"
40. We're those afIldavits among the papers
when you left here TO go west?"
NOW, that was on the 18th or 18th when he
left here to go West; he thinks ON the 18th.
Va. Some OF them We're. l think those OF
half dozen, and had made out, before 1 loft
here, lot OF them and sent them to John w.
Dorsey. In the mean time, when / returned
here, John W. Dorsey was here"
Mr.. kerdell swears that Just before he went
away ne sent the amdavits TO John W. Dor
sey, and the only question between them IS,
were they In blank, or were they filled2 John
W. Dorsey swears that they were filed, be.
cause when he received the second
ne received letter stating that
mere was an error In the first, and that
error had been corrected In the second. The
las, nail 10 tke cofin OF that doctrine.
AT This point the court adjourned.