National Republican., 1883-03-30
JOGGING HIS MEMORY.
Counselor Merick Begins the CrOSS-Ezamina-
ton Of Mr. Dorsey.
He Finds His Recollection Little Un.
certain but Convenient
He "Believes a Good Many Things but Isn't Abso.
luicly Certain About Anything"
A Studied Effort 10 Test the Real condi'
tlon Of His Eyes.

The cross.cxamination developed the inn
possibility of forcing witness to swear to
definite recollection of transactions four or
i've years old. The witness, MIR. Dorsey, had
settled himself down in apparent resignation
to whatever might come in the way of ques-
tions or cross.Questions The counsel for the
prosecution was urgent and insistent, and
when it came to a question of the witness's
inability to read he was inclined to put ques-
tions that would imply doubt in his mind
as to the real inability. The court, however
did not sustain the movement of the
prosecution to have all questionable
letters read to the witness aloud in the
presence of the jury so the contract
book and certain letters assumed by the gov
ernment to have been signed by Mr. Dorsey
did not figure TO the extent that would have
been possible had the witness been able to
identify handwriting. The defense was sus-
tanned by the court in all its objections, and
Mr. Dorsey held TO frank and good naturcd
tone all the way through. The court room
seemed to expect something much more ex-
citing than occurred when the ponderous
looking contract book was brought i'll, and
through the entire day there was an expecta-
tion that the dull questions were leading up
TO something, which ended i'll dsappoint-
ment.
The witness denied generally that he had
ever illlC0 up or aUlnOllIcu any one W nll UP
an affidavit in regard TO the number OF men
and animals required on route after IL had
been sworn to or filed
Mr.. IngersOll asked permission from the
court to inquire of the witness If he had ever
given II check to James B. Bellord. The
court asked il there was any objection. Mr..
Merrick answered that he had no objection,
providing the counsel would reciprocato by
allowing him to examine the witness upon
the subject. The question was put, and the
witness said that he never told Rcrdell that
he had given check for $1,000 to Beliord,
nor told him to charge a check for that or any
other amount to j. b. B. upon the books.
IIMr. lngeHoll. Did you ever give check for any
amount to Beliord?
A. Not dollar ] never had n transaction to
the extent of one cent, with the exception of
what you stated to the court the other day-the
pre- .enHton OF fthe rife, would like to see that
check to j. j. b., ANYWAY.
The witness also denied that he had ever
told Rerdcll that Boone was to be frozen out
because of Bradys hostility to him. Had
never seen the letter produced by Rerdell
purporting to be from Vale to witness, re-
qucsting him to dissuade Rerdell from con-
tinuing his suit against Miner and Naile.
Mr.. Ingersoll then went into the routes,
taking UP first the route from Pueblo to
Rosita and one or two others, about which
the witness was questioned in detail.
The pencil memorandum was next referred
to, and the witness told how Bosler and Rer-
his house. Rerdell then told BOsler that he
had shown to NIacNeagh memorandum in
imitation Of witness's handwriting. Rcrdcll
went TO the waste basket, picked out the
pieces and laid them on the table. The
writing rcsembled witness's handwriting so
closely that he was unable to distinguish be-
tween them, but witness never wrote that
memorandum.
with few further unimportant questions
the direct examination closed, and Mr. Mer
rick began the crOss.eXaminaton. The wit
ness was first required TO describe his move
mcuts for several years with great particu-
larty.
Speaking of certain date Mr.. Merrck
asked: "You were then occupied in In
DIANA"
81 was then preparing to occupy Indiana"
answered the witness.
Mr.. Mcrrick produced q copy of tho New
York Hcrdld of Dec. 2, 1882, containing n
statement given out by the associated press.
The witness said that lie could not see to
read he had not read a line for six months,
and for three of those months he had been
shut up in dark room.
q. Can you SEQ TO play games of billiards?
A. Oh, yes
Mr.. Merrck proceeded to read the article
sentence by sentence. Witness corrected sew
eral errors of date. Believed it it was true
as stated that Peck had been a large mail
contractor in 1873. In 1878 Peck was at wit
ness ranch.
"Was he there as your guest?" inquired Mr..
Merrick.
"Mrs. Peck was in charge of my business" /"
answered the witness.
The witness said that he was authorized to
transact business for Peck Mr.. Mcrrick pro-
dnced q proposal for temporary service dated
December II, 1877.
Mr. lngcrsoll called the witness into the
witness room and read the paper to him.
Mr. Merrick called out You can see, it is
light enough in here for you to see. | object,
your honor will go in read it to him my
self"
Mr.. Davidge ! have no objection TO both OF the
counsel going into the other room.
Mr. Bliss also objected, but the court saw no
impropriety in the proceeding. The discus
sion was brought to an end by the return OF
the witness to the stand. The witness said
he believed that he had not signed the paper
for Peck. The same was true of the contract
lie might have signed them, however, and
forgotten the circumstance.
Boone's statement that the papers had been
signed with Peck's name by Dorsey was re-
ferred to, and the witness said that Boone was
mistaken. Did not believe that he had signed
the papers.
O. Don't you know Il?
A. don't know anything: believe good
many things, but am not absolutely certain about
anything.
O. You are not certain that you did not con.
spirc 10 deirnud the government, are you?
A dcrisive smile was the answer.
Mr.. Carpenter, lie wants an answer give It to
him.
Mr.. Merrlok. Certainly I want an answer to all
of my questions.
The witness. My recollection has been pretty
thoroughly refreshed on that subject, and | an
as certain about that as am about anything
The witness said that he drew tho money
on Peek's routes, and the sums were placed Il
his account, hut every cent was paid over tC
Peck after. dedncting money paid to subcon
tractors
Mr.. Melrick pushed the inquiry in regard
10 this subject asking why Peck, who was
out there near the routes, had delegated tC
him Dorsey, a senator Of the United States
the work of managing the routes. The wit
ness said that he did not see why the fact Of
his being u senator should disquaify him.
Mr.. Merrck reminded the witness of hi
distance from the routes, but the witness ad
hered to his original statement The witnes,
had no recollection of sending check TO p
G.. Reynolds for $552,G0. The counsel nigh
have satisfied himself on that point when tbs
checks had been offered in evidence.
MIR. Merrick. l didn't hear that offer. YoI
offered to create a tribunal, which the court re
fused 10 organize.
The witness did not know where JOIN
Dorsey was on July l2, 1873 A letter wa
produced, but the witness had no recollection
of signing John: DOrscy's name to it. Nh
Alerrick cndeavOred to put the paper in evi
dcnce to show that under PeCk's name tn