The Indianapolis journal., 1883-03-08

OF the same TRANSACTION.
Mr.. Merrick denied the pertinence OF the
offered evidence, and challenged the defense
to produce the paper.
Mr.. Carpenter-A paper that never ex-
! isted.
Mr. Merrick-But the books existed Why
do you not bring in the books? He warned
them if they tried to disproye RerdelIs state
ment that he would rebut their proof.
Carpenter and Davidge-Do it do It'll
Mr. Merrick appealed to the court to stop
the inquiry; otherwise they would have to
go into an infinitude of side issues They
| had better let the matter rest, he added in
threatening tone.
| The court said notice had been served up
on the defense to produce the stub books;
| they had refused which they had a perfect
right to do and the government was COM
PEELED to make out their case by secondary
evidence. They were not obliged to do it if
the book did not exist, and if they had rep
resented that to the court but now the court
had right to assume that the evidence did
exist and was in the hands of the defence.
If they wanted to contradict Rerdell, it
must be in some essential matter. In the
opinion of the court, what he had said in re-
gard to Belford had no relation to any of the
defendants 1t did not necessarily cast an
imputation on Mr. Belford's character be-
cause the stub showed that the check had
been drawn to the order of Belford, it did
not show a relation to any matter charged in
! this document
Mr. Davidge-But it was charged to mail"
The court replied that it might have been
drawn to the order of Mr.. Belford or bearer,
and somebody else might have drawn the
money Mr.. Beford might never have seen
the check. 1t was a very common thing.
They could not contradict the evidence of the
witness without producing the books. The
objection was therefore sustained.
ANOTHER QUESTION.
Mr.. Ingersol then asked the witness if he
had ever received any property for the use of
his influence at the Postoffice Department to
secure increase of service upon these routes
AS basis for his question, he referred to
Rerdelrs statement in relation to the entry
OF g, 900 in Belford's name. He said the
prosecution ought not to deprive Mr.. Belford
OF the opportunity to deny this statement.
He could not have imagined that Rerdell
would refer to James B. Beford any more
than to the Chief Justice. He thought he
had a right to ask these questions to show
that the witness had acted in good faith in
seeking an extension of mail service.
Mr. Davidge also thought the witness
should have an opportunity to vindicate
himself.
The court said the witness could do that by
making affidavit before justice of the peace
As to Mr. Wilson's pont-that Brady was
not responsible for Dorsey's failure to pro-
duce the books-the court had, some time
ago, decided that the defendants were joint
and not separate defendants, and that the
action of one was the action of all, after the
accumulation of evidence of conspiracy had
justified the court in submitting it to jury
RerdelPs statement could not be contradcted
| by secondary evidence when the cour knew
that the defense had primary evidence The
evidence showed that they used fictitious
names to conceal fraudulent entries, and the
fact that MIR. Belford's full name had been
w a N IN hov hot
existed in that connection.
Mr. Carpenter-But it was charged to
Email"
The court replied that entry might have
been made in connection with some of the
legitimate mail business; at any rate, the
| court would not allow the proposed inquiry
Mr. lngersoll put number of questions to
the witness intended to show the good faith
in which his representations had been made
to the department, but the court uniformly
refused to allow them, saying it would pre-
sumo, legally, and from the facts, that there
was no imputation against Mr.. Belford
The witness said that everything a man
could state to get service, he had stated, not
only to Brady, but to other officers of the
department. Recess.
After recess, the subject of the missing letter
again came up. Mr.. Belford insisted that
the letter, or copy, be put in evidence He
did not intend 1T to be suppressed. They
were going to examine him about it, and he
wanted to read it. The prosecution were
unable to find the original letter, and a copy
was introduced instead which the witness
was permitted to read 1t was q letter
pettioning for increase on one of the
Colorado routes signed by the Chief Justice
of the State and many prominent State
officials.
The cross-examination was confined to the
question concerning the handwriting of the
letter; the witness said it had been written
by his clerk, Delayan w. Gee but had been
signed by himself.
FINED FOR CONTEMPT.
Mr. Belford was then directed to stand
aside. He appeared to be somewhat agitated,
took up his hat, walked over to counsePs
table, and, turning to the court said, with
much feeling:
''Your Honor, wish to ask the indulgence
of the court and the courtesy of the bar to
make personal statement i'll regard to a
charge affecting my honor"
Mr. Merrick was Immediately on his feet
with an objection 1t was at his suggestion
he said, that the record in regard to Mr.. Bel
lord had been modified If the witness had
any statement to make to the country, he
could make it, but certainly the proceedings
of a court of justice ought not to be inter
rupted by allowing witness, who happened
to be member of the bar. to step fros1 the
witness stand TO the counsel table, and state
to the jury and to the court what, as a wit
ness, he had not been allowed to state on the
stand. He felt bound to resist it as a matter
of justice to the court, to the cause of order.
Give me the poor privilege" pleaded Mr..
Belford 'of making statement"
This is not public meeting" replied the
court. I'VE are trying case judicially."
II state before the living God" said Mr.
Belford, solemnly and Indignantly, that
never saw such check" Then, turning on
his heel, Mr.. Belford started from the court
room; but he was recalled by the command
ing voice of the Judge, who exclaimed, an
grily, Come here, sir. Bring me Belford
here"
Mr.. Belford having returned, the court in
nnired what he had said and Mr. Rolfnrd