Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-04-03
STAR ROUTES.
BEGINNING OF TIRE EIGHTEENTH
WEEK OF THE Trial.
Very Little Important Testimony Taken
A Continual Quarrel Between the Oppos-
ing Counsel

eighteenth week of the second trial began
this morning and the end still appears a
long way off.
Merrick resumed the cross examination
of Dorsey about the instructions he had
given to Boone relative to bidding for con-
tracts.
Witness had no recollection of a CONVEX
sation with or instructions to Boone upan
matters of inquiry.
Merrick demanded return to his notice
for the production of the lie tier press
copy of books.
Ingersoll said that they had no books
containing letters of the date desired.
Bliss though that answer should be ma de
under oath.
Ingersoll, in a long argument, commended
that the evidence sought was secondary in
character, and that its loss could not be
remedied by the substitution of other
secondary evidence, there being no degrees
in such evidence.
Ingersoll called atten ton to the fact that
the notice called for copies of all the letters
written upon two dates, regardless of the
wished to go fishing, in the hope that they
would discover some new evidence in the
books.
The court said that the defendant was
not bound to produce any evidence to
criminate himself. If he ignored the notice
to produce the paper, then secondary
evidence would be admissible. Nor could
he be required to produce secondary evil
dence against himself. So at the last the
prosecution would be driven to use their
own secondary evicence, but no such evil
deace was admissible until notice had been
served, calling for the production of the
original paper. In the present case the
notice was confined to strictly secondary
evidence, of letter press copies, and even
if more specific; the other side could not
be called upon to produce it.
Bliss dissente from the opinion ex-
pressed by the court that defendant could
not be compelled to produce evidence
against himself and held that when de:
PENDANT took the stand he might be called
upon to produce any evidence in his pos
s esslon, oral or written.
The court replied that when defendant
took the stand of course he would be re-
garded as any other witness and might be
cross-examined to the same extent The
examination was then resumed.
Witness said he had had his letter books
examined. Had not found the letter of
John Dorsey, under date of Dec. 8, bat the
book was mutilated in that place, and in
other places.
The same questions were put in regard
to the Bosler letter of May -, 1879.
Objection was made by Ingersoll, who
took the opportunity to explain his
theory, that Reerdel had gone through a
copy of the books and taken from them
every letter that could be of any pos
sible use to defendants, and given them
to the government in part consideration of
its protection of other letters he had forged
and manufactured. Now his client pro-
posed standing upon his legal right and
accepting the consequences that might be-
fall him from any differences caused by
this conduct, rather than bring his conduct
into court and let differences be drawn that
might touch other people-political ,theo-
logical or otherwise. The counsel could
rest assured that they would see none of
them, not one, no matter if it contained
only poetry about spring.
Witness stated that an examination of
the books revealed the fact that 600 pages
had been torn out. Witness stoutly denied
any recollection of having employed
Moore. He had sent check to Mrs.
Moore at Boone's request and had seen the
check since. 1t was charged to Miner,
Peck Co. If witness had made a con-
tract with Moore he would certainly have
remembered it. All conversations de-
scribed by Moore were generally denied
by witness.
Merrick inquired if witness had ex-
amined the index to ascertain if the letter
books had ever contained the letters de-
scribed.
Ingersoll objected, but the question was
allowed, and witness answered that he had
not asked the question of Colonel Love,
who had examined the books.
Ingersoll positively refused to produce
the index, and witness added that he was
not sure that it existed.
Personally witness did not know that
Moore had the book sent West the second
time, but had been told so by Miner since
the trial began.
He had advised Miner to employ James
l.. Hodges, of Leadville, Col, and had
probably written to Hodges. He did not
remember whether or not he had given
passes to Hodges. While witness was in
the senate he had asked for passes over the
Pacific road for many person, but could
not remember their names. The chances
were that ne had asked for passes
for persons sent West on this mail bust
ness. Hodges had been employed by
Miner on witness recommendation. Did |
not know whether or not he had given any
of these passes without having been asked |
for them. Supposed he procured passes for
Reerdel whoem he went West in the spring |
of 1878. He believed he put s., 900 |
in Reerders possession. He did
not remember giving him any
instructions about establishing ranches or
postoffices upon the Tongue river route,
beyond his general instructions. Whether
or not he had told Reerdel so, witness had
believed that the route would be increased.
gave his reasons for this belief,
based upon the increase of population.
May have told Reerdel to get up petitions
for increase and expedition, but had no
recollection upon the subject.
Merrick asked for repetition of the in
structions givep to Reerdel and was at
loss to see how witness could fail to re-
L.