Part 29

On pages 2348 and 2361 Rerdell says that figures were inserted in all affidavits given him by S. W. Dorsey, except on route 41119, and that Dorsey told him, Rerdell, to put them in the blanks. On page 3793 S. W. Dorsey denies that.

On page 2223 Rerdell says that in August, 1878, he had a talk with Miner, who said that they could do nothing while Boone was in the combination; that Brady was hostile to Boone, and that Boone's place was to be taken by Vaile; and that Miner asked his opinion about Vaile, and asked what Rerdell thought about Dorsey's approving it, adding that Vaile was very close to Brady. On page 4177 Miner swears that he has no recollection of the conversation, and does not believe any such conversation ever occurred.

Ah, but they say that when a paper was handed to Mr. Miner, an affidavit, for instance, he could not give you the history of it; he could not tell you where he was when he wrote it; he could not tell you where he was when he filled it. I would not have believed his testimony if he could. He had to take care of some ninety-six routes. Upon those routes there were numberless papers, notices from the department, notices of fines and deductions, of remissions, and everything of that kind. On each route there were probably a hundred papers, and may be more--petitions, affidavits, and papers of all descriptions. If a man should stand up here five years afterwards and pretend that he knew the history of each paper, I would know he had not the slightest regard for truth.

Mr. Miner said when he was shown a paper, "I don't remember ever having seen that paper before; I don't remember when it was written." That was the truth. If he had wished to stain his heart with perjury he could have said, "Yes, I remember it. I know absolutely the time I wrote it. I know I sent it to New Mexico. I know it was filled up before it was sworn to"; but he was honest enough and he was brave enough to face the truth and say, "I don't remember," and I respected him for it when he did it. Whenever you hear the truth, as a rule the first thought is, "May be it won't do." But if it is the truth, the longer you think about it the better it seems, while if it is a lie, the longer you think about it the worse it gets. It would have been, apparently, to Mr. Miner's interest to say, "I remember it perfectly," but the man had honor enough to tell the truth. And when you come to investigate his evidence it sounds much better than though he had pretended to remember time and place.

I call your attention to page 2446; that is about the affidavit.

On page 2384 Rerdell speaks of the charges made to Samuel Jones and James B. Belford for two thousand dollars. Then Mr. Bliss in his speech, which I will come to after a while, says that Mr. Rerdell spoke about a charge to J. B. B. He never did, never. He said James B. Belford. I started the J. B. B. business. I was the first one who ever said it, and Mr. Rerdell never swore J. B. B. Then they sent out to Denver to get a fellow who had the same initials. I will come to this man after a while.

On pages 2429 and 2430 Rerdell swears that he had two balance-sheets of the books, made by Donnelly; that he showed them to MacVeagh and Woodward. How does it happen that Woodward was not sworn about it? Nothing would have been of more importance, if they wished to prove the existence of the two red books, than to prove by Woodward that Mr. Rerdell, in June, 1881, showed him copies of those balance-sheets or the balance-sheets themselves. They did not bring Mr. Woodward on the stand. Why? Mr. Woodward, in my judgment, had he come upon the stand, would have sworn to the truth. Rerdell says, "I do not know where they are." Then he paused. Then I saw the working of his mind just as plainly as though his skull had been opened. He got himself together and swore that he gave them to Dorsey in July, 1882. He had to get them out of his hands some way.

On page 3736 S. W. Dorsey swears that he, Rerdell, did not give him any balance sheets.

On page 2434 Rerdell swears as to the papers he gave to Dorsey--the original journal, and copy of the Oregon correspondence made by Miss Nettie L. White. Miss White was not called. He gave these, he says, to Dorsey, July 13, 1882. On page 2793 Dorsey swears that he did not give them to him, nor did he give a paper of any kind.

On page 2461 Rerdell is asked if he did not admit to Judge

Carpenter, in January, 1882, that he had a memorandum written by himself, which he showed to James and MacVeagh, and that he made it so much like Dorsey's handwriting that he did not think anybody could tell it. What was his answer? "I may have done so." Honest man!

On page 2462, in answer to the question, "Did you not tell Carpenter that you brought no book from New York?" the honest man answered:

Very likely I said I brought no book over from New York.

On the same page, in answer to the question, "Did you not tell French that you were trying to entrap James?" he admits that it is likely he was.

On page 2463 he admits that he may have told French that he had learned to imitate the handwriting of Dorsey so well that Dorsey himself could not tell the imitation; and that he wrote that memorandum in pencil because he could the more easily deceive. Honest man!

Mr. Bliss holds S. W. Dorsey up to scorn because he endeavored to turn two men out of the Cabinet on the testimony of Rerdell; and yet he is trying to put four men in the penitentiary on the same oath. Do you not think that it is better to get a man out of the Cabinet than to put another into the penitentiary? And do you not think it is better that a man be put out of office than that he be put into the penitentiary, his family destroyed, and his home left to ruin, upon the oath of a man who swears that the oath was a lie? Dorsey was an awfully wicked man to try to get Mr. MacVeagh out of office on Rerdell's testimony. But now they turn around and want to put Mr. Vaile and Mr. Miner into the penitentiary on the same testimony. The other testimony was the best, because we did not promise him immunity. I will come to it after a while.

On page 2465 Rerdell swears that he did not have any pencil memorandum that he showed to MacVeagh, claiming that it was in the handwriting of Dorsey, and was asked, "Did you not tell Bosler that you had?" What does he say? "Possibly I did." "Did you not tell Bosler that you wrote it?" "Possibly I did."

S. W. Dorsey swears on page 3810 that Rerdell told Bosler that it was in the waste-basket, and Bosler took the pieces out and put them together. Rerdell says he had written it, and in pencil, so that it would look more like Dorsey's handwriting. Why did you not ask Bosler about it, gentlemen, when you had him on the stand to prove your letter? Even Mr. Bliss, in his speech, asked, "Why didn't they call Bosler?" Why didn't you have the fairness to tell all the circumstances? I will tell them all when I get to that part of it. Why did you not tell them that you had looked all through Mr. Bosler's books?

On page 2466 Rerdell swears that he did not get that memorandum out of the waste-basket, but got a note from Mac-Veagh, and that Dorsey was present.

On page 3810 Dorsey swears that it was a pencil memorandum imitating his (Dorsey's) hand closely.

On page 2466 Rerdell admits that he very likely told Bosler in June, 1881, that he had no book on the train and brought none from New York. In answer to my question, he says, "Possibly I did," or "Probably I did," tell Bosler. I cannot bring other witnesses to contradict him when he admits that he did. That is enough for me.

On page 2467 he admits that he very likely told Judge Wilson about the affidavit; that if he told him anything, he told him that no such book existed, and that there was no necessity for any book except an expense book.

On page 2469 Rerdell swears that he had a copy of the day-book and ledger in June, 1881, in Dorsey's office; that Dorsey took them that day, and that they had been there ever since they were made, to be carried to Congress. Then he began to gather his ideas, and he says:

Hold on. I am mistaken. These books were all sent over to New York before that, in the summer of 1880, when I carried the originals over for the last settlement I was present at, between Dorsey and Bosler.

There was no settlement in 1880, the time he speaks of. Mr. Merrick then says:

Q. There were two sets of those copies?

That would be four copies and two originals.

A. No, sir.

On page 3955, S. W. Dorsey swears that he had the first settlement with Bosler in December, 1879, or January, 1880, and had no subsequent adjustment until November or December, 1882; no settlement between those dates. Yet Rerdell says that he took those books over in the summer of 1880 for a settlement, when there was no settlement, and at the same time carried the originals. A moment before he had sworn that the originals were there in the office in June, 1881.

On page 2470 Rerdell swears that he did not give the books to Dorsey in 1881.

On page 2447 he swears that he did not have the balance-sheet in New York; that he had it in the office in June, 1881.

On page 2479, Rerdell, in speaking of the pencil memorandum, was cornered, caught. He said, "I have kept it as a voucher." Then finally he admits that it was not his property, but was the property of Dorsey; and the last admission he made upon that subject was, "I stole it." He says that while he was in jail somebody got into the office and destroyed his papers. And yet, on page 2480, he tells that the first time it ever occurred to him to use that pencil memorandum was after the first trial was over. Can you believe that? He was trying to steal it on the 13th of July, 1882; was trying to go over to the Government on the 5th day of July, 1882, and did not think that he had that pencil memorandum! Writing a letter on that day to Dorsey; giving him notice that he was going to desert him; saying in that very letter that he had been persuaded by Bosler to make the first affidavit; saying that he was making preparations to go to the Government, was going to set himself right, and yet did not remember the pencil memorandum! Why? Because he manufactured it afterwards. He says that within a day or two after he was out of jail he found this paper a second time. He found it before, and laid it carefully away as a voucher. Then he lost sight of it. Then he was trying to sell it to the Government, and he forgot it; trying to blackmail Bosler and Dorsey, and forgot it. When he got out of jail he found it. That will not do. How does he say it got to his house? His wife carried it from the office while he was in jail. And yet he would have us believe that Dorsey broke into that office and stole all the papers. And yet he says that was in the office, and Dorsey did not take it. It will not do. He manufactured that paper after that time.

On page 2481 Rerdell swears that he did not know that he had that paper at that time, at the time he says his wife got the papers. I say he did not; I say he made it afterwards.

On page 2490 Rerdell swears that he had those red books in the office at 1121 I street; that he never made any effort to conceal them. And yet Kellogg never saw one of those books; never saw Rerdell working upon them, and never saw them in the office.

On page 2491 Rerdell swears that he thinks Kellogg did some work on those red books; that Kellogg helped him (Rerdell) make the first entries. On page 3636 Kellogg swears not only that he did not help him to make those entries, but positively swears that he never even saw any such books.

On page 3635 Kellogg swears positively that Rerdell did not keep any books, but a private expense-book and a route-book; and that he (Kellogg) never saw any other books; that he never saw a ledger or journal in red leather, kept by Rerdell. He swears that he himself kept the three books (the journal, ledger, and cash-book,) and that Rerdell never made an entry in them.

On page 2512 Rerdell swears that he never imitated Dorsey's handwriting, or tried to, in Kellogg's presence. On page 3636 Kellogg swears that he saw him do it.

On the same page (2512) Rerdell swears that he never signed Dorsey's name to show Kellogg that he could imitate it. On page 3636 Kellogg swears that he did do it.

I have just given you a few, gentlemen, of the corroborations of this man Rerdell. Recollect that you cannot believe him unless he is corroborated. If you believe him at all you have got to believe all, unless you believe he is mistaken. Where a man comes on the stand as an informer--and I do not call him an informer--even in that capacity he has to be taken altogether or not at all.

Now, with all these contradictions upon his head, I will now come to the affidavit of July 13, 1882. You will remember that I read you the letter of July 5, in which he says that Bosler got him to make the affidavit of 1881. At page 2374 Rerdell gives an account of this affidavit. Dorsey got him in Willard's Hotel, locked the door, and had him. Now, he said to him, "Mr. Rerdell, I will tell you what I am going to do with you: I am going to have you prosecuted for perjury." Let us imagine that conversation. Rerdell replies, "What are you going to have me prosecuted for?" "For making the affidavit of June, 1881." "Why," says Rerdell, "in that affidavit I swore you were innocent." Says Dorsey, "Don't you know you swore to a lie? Do you think I would stand a lie of that kind, sir? Do you think I will allow any man willfully, maliciously, and with malice aforethought, to swear that I am an innocent man? I will have you arrested to-night, sir." "Well," says Rerdell, "my good God, ain't there any way I can get out of this?" "Yes; make another affidavit just like it. Now, sir, you have perjured yourself and I will arrest you for perjury unless you do it again." "Well," says Rerdell, "when I get that done you will have two cases against me." "I can't help it," Dorsey says. "Is that the way you treat a friend? I swore to that lie from pure friendship. Don't you remember you took me by both hands and begged me, for God's sake, and for your wife's sake and your children's sake, to make that affidavit? And now are you going to be such a perfect devil as to have me arrested for perjury for making that same affidavit?" Dorsey says, "Yes, sir; that is the kind of man I am." "Well, but," says Rerdell, "don't you know the trial is going on now? They are trying to prove, now, that you are guilty, and in that affidavit of mine I swore you are innocent, and how are you going to prove a man guilty when you swear that he is innocent?" Dorsey says, "That is my business, not yours. I am going to have you arrested." "But," says Rerdell, "you had better hold on, I tell you." "Why?" "I have got the red book that I got in New York." Dorsey says, "I don't care." Rerdell says, "I have got the pencil memorandum that you made for me to open the books upon, and charge William Smith with eighteen thousand dollars. And you wrote John Smith first, and I changed it to Sam Jones, don't you recollect, as otherwise there would be two Smiths? And there is the account against J. H. Mitchell, and J. W. D., and cash, and profit and loss." Dorsey says, "I don't care about that. I am not going to allow a man to commit perjury. I am going to have you arrested." Rerdell says, "You had better not have me arrested." Dorsey says, "Why? What else have you got?" "I have got a copy of the letter that you wrote to Bosler on the 13th of May, 1879, which you say that you paid twenty thousand dollars to Thomas J. Brady. That copy was made by Miss Nettie L. White." "Do you believe I care anything about that? You have perjured yourself, and it is no difference to me whether it was in my favor or not. Justice must be done, and I am going to have you arrested." Rerdell says, "You had better not. I have got a tabular statement in your handwriting, Dorsey, where you had a column for the amount due and the amount received, and another column for thirty-three and one-third per cent, given to Brady, and then at the top, in your handwriting, 'T. J. B., thirty-three and one-third.'" Dorsey says, "I don't care what you have got." Rerdell says, "That ain't all I have got, Dorsey. I tore out of your copy-book a copy of the letter I wrote to Bosler on the 21st or 22d of May, 1880, in which I told him that I had gone to Brady, and that Brady said you were a damn fool for keeping a set of books, and suggested to me to have some copies made, and I had the copies made, and I can prove the copies by Gibbs if he does not try not to remember that he made them. Now, go on with your rat-killing; go on with your perjury suit." Dorsey had him already locked up there, don't you see? But Dorsey was bent on having that man arrested for perjury because he had sworn that he (Dorsey) was innocent. Dorsey was implacable.

What else did he do? He put his hand in his pocket and said, "Do you see those letters to that woman?" Then, sir, when he saw the handwriting he was like that other gentlemen that saw the handwriting on the wall, and he began to get weak in the knees, and says, "Dorsey, I hope you are not going to have me arrested for perjury. I am willing to do it again right now, on the same subject."

Now, it turns out that at that time Dorsey did not have those letters. Dorsey swears that he never got those letters until after Rerdell was put upon the stand. And after he swore that, the Government had the woman to whom the letters were written subpoenaed. Why did they not place her on the stand? That is for you to answer, gentlemen. That is the affidavit of July 13. Recollect, there was a trial going on at that time in which Dorsey was insisting that he was innocent, and although Rerdell had sworn that he was, he was going to have him arrested right off.

What else did he have against Dorsey at that time? Now, says Rerdell, "Dorsey, don't you have me arrested for perjury. I have got a memorandum of that mining stock that was to be given to McGrew and Tyner and Turner and Lilley for corrupt purposes."

What else did he have? After he had agreed to make the affidavit, Dorsey wrote out what he wanted him to swear to, in pencil, and gave it to him. And when he got his liberty, when he walked out of that room a free citizen, he had all the papers I have spoken of not only, but he had in his possession a draft, in Dorsey's handwriting, of the affidavit Dorsey wanted him to make. He made the first affidavit from friendship; the second from fright. You know he never took a dollar for an affidavit. He was not that kind of a man. You might get around him by talking friendship or you might scare him, but you could not bribe him; he wasn't that kind of a man. Armed with all these papers he was frightened; so he made the affidavit of July 13--

Now, let us see. He admits that--I will not say every word, but the principal things in the affidavit of June, 1881, are false. He swore to them knowing them to be false. But he tried to get out by saying he did not write them all. Writing is not the crime. The crime is swearing that they are true when they are not true. It does not make any difference who wrote it. For instance, you swear to an affidavit, and you afterwards say, "I did not write it." "Did you know the contents?" "Yes." "Did you swear to it?" "Yes." What difference does it make who wrote it? And yet he endeavors to get behind that breastwork and say, "I did not write all that affidavit; I only wrote part of it. What I wrote was true, but what I swore to was not." That will not do.

So the affidavit of July, 1882, he now swears was a lie. But he gives a reason for writing that, that you know is utterly, perfectly, completely false. You know that Dorsey never threatened to have him arrested for perjury because he had sworn in favor of Dorsey. You know it, and all the eloquence and all the genius of the world could not convince you that at that time Rerdell was afraid that Dorsey would have him arrested for perjury. No, sir.

Now, let us take the next step. Mr. Rerdell testified, on page 2275, that this letter (32 X) was received by him in due course of mail in 1878. Upon being asked whether he did not know that S. W. Dorsey was here in Washington at that time, he replied that he knew he was not. I will read it to you, gentlemen:

Chico Springs, P. O.

Mountain Spring Ranch, Colfax County, New Mexico,

"April 3, 1878.

"M. C. Rerdell, 1121 I Street:

"Dear Rerdell: I wish you would get fullest information in regard to all the new post-office lettings and keep posted as to the schemes going on in the department. There are certain routes we want advertised and others we do not. I shall be in Washington as soon as the 12th unless something unexpectedly happens,

"Faithfully,

"DORSEY."

Q. What Dorsey was that?--A. That is S. W. Dorsey's handwriting.

Q. And signature?--A. Yes, sir.

There is where he first speaks of it. At the time that letter was introduced, or in a little time, gentlemen, they also introduced the envelope. I do not know that I should have suspected the letter if they had not introduced the envelope. Whenever there is an effort to make a thing too certain I always suspect it. When that Morey letter was gotten up, what made me suspect it was that they had the envelope, and I said to myself, "Why did they want the envelope if it was clearly in the handwriting of Garfield? What difference did it make whether it was sent to Morey or to somebody else? What difference did it make when it came from Washington?" The only question was, "Did Garfield write it?" And upon that subject the envelope threw no light. When a man feels weak and thinks that other people will know what he does not want them to know, then it is that he wants to barricade and strengthen before the attack. So they got up this envelope, and when I looked at that it did not look to me as if that stamp had been through the mail. I noticed the handwriting of "Chico Springs, N. M.," and then I noticed the 3 or the B on the postage stamp, and then I knew that the man who wrote "Chico Springs" never made the letter or figure on that stamp. It is utterly impossible for the man who wrote that "Chico Springs" to make that mark on the stamp. This stamp looked awfully clean, and I said, "Well, I wouldn't wonder if that was an envelope used here in the city which has been got through the mail in some way." They had it stamped on the back and I said, "Perhaps that was written in 1879." No. You see, if it was not written in 1879 it did not do any harm, because in 1879 Dorsey was not a member of the Senate. Having gone out on the 4th of March, 1879, that letter was dated in April, 1879, why then there was no harm in his writing to Mr. Rerdell and telling him to look after the mail business. But if it was written on the 3d of April, 1878, it went far to show that Dorsey was personally interested at that time in mail routes. You will notice the printed date, April 3, 1878. They introduced that letter. I noticed that that envelope was a funny looking thing, and that the writing on it did not correspond with the mark on the stamp. I noticed also that upon the back they had the stamp. I do not know how they got it. When the Post-Office Department has possession of a paper they can put almost anything on it.