The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1883-03-15

time.
Ingersoll inquired if the court |
would allow Dorsey to swear that !
he never made that memorandum
and never paid money to Turner?
The court answered, certainly"
Ingersoll said of course he could |
strengthen Dorsey's testimony, but
Turner would swear he never got
money. 1t made no difference
which end of the inquiry they be-
gan at.
Davidge remarked that Dorsey
was under no compulsion to go on
the stand.
The court said it might lead to an
evasion of the rule of law requiring
the best evidence.
Ingersoll-You mean books?
Court-Yes.
IngersOll-I have said again and
again the books spoken of by Rer-
dell. my client never saw. He will
so swear. these books Rerdell said
he got from New York, l Will prove
he never got. l will prove that my
client never even saw or heard OF
these books before the beginning of
these cases. He may have kept
some private accounts and books.
The court Il mean the stub
books.
Ingersoll-They had nothing to
do with the 500 entry against
Jones. When it comes to that l
will prove there were no such stub
books, and if allowed | will prove
that no such check ever existed such
as described by Rerdell.
The court said it could not admit
secondary evidence upon a pledge
to show hereafter there was no pri-
mary evidence.
Ingersoll asked how they could
proceed otherwise when the books
did not exist. The court said that
had never been regularly proven.
Ingersoll expressed his abiding
confidence in his ability to show
the falsity of Rerdell's evidence.
| Merrick contested the position
taken by Ingersoll. He said he
sedulously eudeavored as a profess
sional gentleman to restrain wit
nesses from bringing in the names
of outside persons, and when that
had been done, he endeavored to
have all such mention excluded.
He asked why the defense did not
put Brady on the stand to swear he
did not get money. He proved
Brady to be identical with Smith
butexpressly refrained from proving
Turner to be Jones.
Carpenter and Wilson were on
their feet at this point, making
earnest appeals to the court to ar.
rest Merricks' remarks. Finally
securing the attention of the
court, Carpenter bitterly stig.
matized Merrick's statements
in regard to defendant, taking
the stand as unprofessional
and Illegal, the court did not see
wherein it was Illegal. Wilson en-,
tered a formal objection, and
charged Merrick with Interior mo-
tiYes in making the remarks. Mer.
rick denied any such motives; he
acknowledged in the first trial hi
had done what he could to force
them, but there was now no neces
sity. He proceeded to explain his
remarks, but the court SAID it coul(
not allow him to engrave the i'm
preston created by his previous re
marks deeper in his explanation
MeTrick replied, he would stop i'm
mediately. The court reserved it,
decision until after recess.
Judge Wylie decided that the of
fered evidence was not competent
The defence noted an exception anC
the examination was resumed.
Wilson offered to prove that Brad,
refused to grant the request of /
number of petitions for second anC
, further expedition upon the Red
ding Alturus route. The prosecu
! ton objected, but the court decided
to allow the inquiry, and witness
said after the route had been expe
dited number of petitions had beer
received requesting further expedi
ton, which request had been refused
by Brady. On motion of DaVidge the
statements made by Rerdell to
Mac Veagh aid Jones were stricken
from the record, the prosecution
offering no objection.
, Gen. Thomas j. Brady was ther
called. He testified that in July
1876, he was appointed second assis
tant postmasteT-genersl nd til O.
in April, 1871. Assumed Immediate
} ly the discharge of his official duties
J during the fall of 1876 he was at his
} Office only about half the time; first
met Walsh at New Orleans in 1879
/ or 1876; Walsh was then in his Off
| cial capacity as supervising inspec
tor of internal revenue: next me-
Walsh in 1877; never had any con
} versation with Walsh such as wa.
sworn to by him, at any time OF
{ place in the world, or anything re.
; sembling it; witness never held any
, promissory notes, or carried then
as described by Walsh. "WalshI
statement he made out of whole
cloth" witness said, with scarcely
4 a word of truth in it from beginning
2 to end" never told Walsh abou
/ fines or deductions, or any
/. thing from which it coulC
5 be produced. Had a conversation
: with James such as testified to BY
/ that witness in relation to the Raw
Inns and White River route but The
e date was a month later than tina
| given by James. Witness read