Part 30

When I said to Mr. Rerdell on cross-examination, not knowing anything about the letter, "Was that not written in 1879?" he said, '"No, sir." Said I, "Don't you know, as a matter of fact, that Dorsey was not here on the 3d of April, 1879?" He said, "As a matter of fact I know that he was here on the 3d of April, 1879." "Don't you know, as a matter of fact, that he was here on the 3d of April, 1878?" He says, "I know as a matter of fact that he was not here on the 3d of April, 1878; he was at Chico Springs." He knew as a matter of fact that he was here in 1879, and he swore that so as to preclude the possibility of his having written the letter in 1879. And he swore to the positive fact that he was not here on the 3d of April, 1878, so as to show that he wrote him that letter from Chico Springs. They wanted some letter from Dorsey in 1878, to show that he was personally interested in these routes while in the Senate. They submitted that letter to Mr. Boone, who was their witness. He looks at it and he tells you that Dorsey did not write that letter. A clear forgery. Whom else do they bring now? They leave it right there, and by that admit that Rerdell forged that letter. Mr. Boone, their witness, swears it. Nobody swears to the contrary except Rerdell. Boone threw the letter from him contemptuously, and said, "That is not Dorsey's handwriting," and they dare not bring another witness. The country is filled with experts, gentlemen, who know about handwriting; the United States had plenty of men and plenty of money, and they never brought a solitary man.

Now, gentlemen, do you want to know how this fellow got caught? I will tell you. There is the letter, and they dare not put a man on the stand to swear that it is in Dorsey's handwriting. Look it all over. But I want to tell you how Rerdell got caught about Dorsey being present on the 3d of April, 1878, and I might as well tell you how I found it out. I do not want to pretend to be any more ingenious than I am. I found it out because I made the same mistake myself. I stumbled on that same root. I hit my toe of heedlessness on the same obstruction. I went up to look at the Senate journal. I opened a book to see whether Dorsey was here on the 3d of April, 1878. You see at the bottom there of the title page, Mr. Foreman--Washington: Government Printing Office. 1877.

You know I was not looking for the book of 1877, so I shut that book up. I then took the next book and opened it, and it said at just the same place:

Washington: Government Printing Office. 1878.

I thought it was the book. So I looked over here, and I found that there was no session of the Senate in April, and I said to myself, "Is that possible that there was no session in April, 1878? Why, there must have been." But the book said "no." I looked back here, and it still said 1878. Then I happened to look back to this book that said 1877, and it said that the session commenced December 3d, 1877, and consequently April 3d, would be found in the book marked 1877 on the title page. So I turned right over here and looked up at the top and saw the date, April 3d, 1878. He was looking for the 1878 book, and that included April, 1879, and when he got to April, 1879, there was no session of the Senate. So he came right in here and swore that Dorsey was not here in 1878, but that he was here in April, 1879. I looked in that book and found that Mr. Dorsey, on the 3d of April, 1878, was appointed by the Vice-President on a committee of conferees, on the part of the Senate, together with Senators Windoin and Beck, and I saw exactly how Mr. Rerdell made his mistake. He opened the book, and at the bottom-of the title page it said 1877. That was not what he was looking for. He was looking for 1878. And the book that said 1878 showed that in April the Senate was not in session. The book that said 1877 showed that in April the Senate was in session on April 3d, 1878. That man thought he was backed by the records of the Senate, and thereupon he manufactured that letter. And that is the letter sworn by Boone not to be in the handwriting of S. W. Dorsey. Now, gentlemen, there is nothing in this world that a man would be prevented from doing, for its baseness, who would do that.

There is more evidence than this. I asked Mr. Rerdell, "When you got that letter did you understand it?" He said, "No." "Did you do anything on account of it?" "No." "Did you know what it meant?" "No." And yet he has the temerity to swear that he received that on the 3d of April, 1878.

How did he come to spell the name Reddell? I will tell you. On page 2275 he had a letter to go by. That is the very page on which the Government puts in that letter. This letter is a letter of introduction. When Rerdell manufactured that letter he had this letter of introduction to go by:

Hon. J. L. Routt, Denver:

My Dear Governor: I wish to introduce my friend, Mr. M. C. Reddell.

It was written Reddell in that letter, and when this man wanted to manufacture one he had one in his possession that Dorsey wrote about that time (April 14, 1879), and he noticed that in that he spelled the name Reddell. So when he wanted to get up a fraud he spelled the name Reddell. That is the way. There is no pretence that Dorsey wrote that letter, and they dare not bring an expert or another man on earth acquainted with the handwriting of Dorsey and submit it to him and expect him to say that that is the handwriting of S. W. Dorsey. So much for that.

Now, it is claimed that while Torrey was writing up Dorsey's books, having in his possession the check stubs, he was uncertain as to whether a charge was twenty-five dollars or twenty-five cents, and he thereupon sent to Rerdell to ascertain the true state of the account, so that he might open his books. Thereupon Rerdell made the calculation in the evidence marked (94 X,) and Donnelly wrote under it that it was right. Donnelly made that little certificate at the bottom. Here is the important paper [submitting 94 X to the jury], another piece manufactured out of whole cloth, not whole paper. Now, I ask a few questions about this. In the first place, they knew that unless this was corroborated it was good for nothing, and we find on it:

Lewis Johnson & Co., note due 28th October, three thousand dollars.

Was that note at Lewis Johnson & Co.'s? Why did they not bring some of the officers of that bank, if there was such a note for three thousand dollars there? But no one was brought. And yet they knew that everything coming from Rerdell must be corroborated.

If Rerdell had come to Donnelly to find what the account was, how did it happen to be in Rerdell's handwriting before it got to Donnelly? Donnelly wrote this certificate at the bottom. Rerdell had written all the facts before. If he went to Donnelly to get the facts, how did Rerdell happen to write this before it got to Donnelly? It is like me wanting to get some information from a man, and writing the information before going to him.

Now, if Donnelly wrote that after Rerdell had written, where did Rerdell get the information? If Donnelly had the books, Donnelly should have given the information. If Rerdell had the books, why did he want to go to Donnelly for information? And if Donnelly had the books, how did Rerdell write the information before he went to Donnelly? Then if he wanted that information for Torrey, why did he not send it to him? How does it happen that Rerdell wrote out the information for Donnelly, then got Donnelly to certify it, because Torrey had asked it? And then how does it happen that Rerdell kept it? It seems to me that that ought to have been sent to Torrey. Torrey wrote to Rerdell for information; Rerdell wrote it all down, and then got Mr. Donnelly to say it was so. If Donnelly had the books, Donnelly should have given the information. If Rerdell had the books, he did not have to go to Donnelly for information. That is another manufactured paper. As I say, how does it happen to be in the possession of Rerdell? They claim that it was for Torrey's benefit. I believe when Torrey was on the stand they asked him if there was not some dispute about thirty-five cents. Now they bring that here to show that there was a dispute about twenty-five cents. Was there any reason for supposing that it was twenty-five cents? No, except that it was in the dollar column, that is all. Of what use was Donnelly's statement after Rerdell had made the calculation? Nobody on earth can tell why that was given. Why did they not bring some of the books or clerks from Lewis Johnson & Co.'s Bank to show that there was a note there in October for three thousand dollars.

There is another little matter, a conversation between Rerdell and Brady. Rerdell said he had a conversation with Brady in which he told him about the Congressional committee; that he was summoned to bring his books. Brady was astonished that Dorsey would be "Damn fool enough to keep books," and suggested to have them copied. If this is true, Brady at that time made a confident of Rerdell. If it is true, Brady at that time admitted to Rerdell that he (Brady) was a conspirator; that he had conspired with Dorsey. And yet Brady says that he never had but three or four conversations, I believe, with this man, and Rerdell himself admits that he never had but four or five, and when he is pinned down on cross-examination he accounts for enough of these interviews, without any interviews on the subject of the books, to exceed all that he ever had. Do you believe that he ever had any such conversation? Do you believe that Brady would make a confident of him? Do you believe that Brady would substantially admit in his presence that he had been bribed by Dorsey? I do not.

Now, in order that you may know what this man is, I want you to have an idea of his character. So we will come to the next point. Mr. Rerdell admits that he sat with the defendants during the early part of this trial; that he was willing to make a bargain with the Government; that he proposed to the Government that he would sit with his co-defendants, and would challenge from the jury the friends of the defendants. Did any man wearing the human form ever propose a more corrupt and infamous bargain? That proposition ought to have been written on the tanned hide of a Tewksbury pauper. He went to the Government and deliberately said, "Gentlemen, I am willing to make a bargain with you. I am willing to sit with my co-defendants, pretending to be their friend, and while so pretending I will challenge their friends from the jury. I will so arrange it that their enemies may be upon the panel." "And why do you say that, Mr. Rerdell?" "In order to show my good faith towards the Government." He made the first affidavit for friendship, the second for fear, and he made this proposition to show his good faith. There never was a meaner proposition made by a human being, under the circumstances, than that. He proposed to do it. Mr. Blackmar says that the proposition was rejected; but that does not affect Mr. Rerdell. He was willing to carry it out.

What more does he swear? He swears that he tried to carry it out. In other words, that although it had been rejected, that made no difference to him. Mr. Blackmar says they would not do it. Rerdell swears that he tried to: went right along and did his level best; and if the Court had allowed him four challenges he would have challenged four friends of the defendants from the jury.

What more does he admit? That when the Court decided that all of us together only had four, he endeavored to challenge one. Why? Because he believed he was a friend of the defendants; because he believed he would be against the prosecution; and he wanted to get the friends of the defendants away. Why? To the end that the defendants might be tried by an enemy. That is what he was trying to accomplish.

Let us take another step. That proposition reveals the entire man; that takes his hide off; that takes his flesh all off; that leaves his heart bare, naked; you can see what he is made of, and it shows the workings of his spirit, the motions of his mind; and you see in there a den of vipers; you see entangled, knotted adders. And yet that man is put upon the stand stamped by the seal of the Department of Justice, and that department says to twelve men, "Here is a gentleman that you can believe; that gentleman proposes to sell out his co-defendants to us, but we would not buy; he is an honorable kind of gentleman, but we would not buy."

Mr. Merrick. It should be interpolated there--if you will pardon me a moment--that the Government refused to accept Rerdell until he himself had pleaded guilty.

Mr. Ingersoll. I understand that. I say now, Mr. Merrick, that I would not for anything in the world, on a subject of that kind, go the millionth part of an inch beyond the testimony. Although you and I have not been very cordial friends during this trial, and neither have I and Mr. Bliss, yet if I know myself I would not for anything in this world put a stain upon your reputation, or upon the reputation of either of you, by misstating a word of this testimony. I would not do it. I am incapable of it. I admit that the evidence is that the proposition was rejected, but I also insist that the Government knew the proposition had been made, otherwise it could not have been rejected. And so I say that after this man had made that proposition, infamous enough to put a blush upon the cheek of total depravity, the Government put that witness upon the stand, sealed with the seal of the Department of Justice.

Now, we will go another step. He sat with us from day to day, gentlemen, as you know, went in and out with us, as one of the co-defendants. In the meantime--and there is a laughable side even to this infamy--he borrowed money from Vaile. He went to him as a co-defendant, as a friend, and said, "I want a hundred and forty dollars; I want to buy bread and meat to give me strength to swear you into the penitentiary." And Vaile gave him the money. Would you believe a man like that? You cannot think of a man low enough, you cannot think of a defendant vile enough to be convicted on such testimony.

Now, we will go another step. He wanted to make that bargain with Mr. Blackmar. Mr. Blackmar swears that he told Mr. Merrick of it, and that Mr. Merrick rejected it; would have nothing to do with it.

At that time Mr. Woodward had two affidavits of Rerdell in his possession--an affidavit of Rerdell, made in September, supplemented by another affidavit, I believe, of November, that he made in the city of Hartford, covering seventy pages. When Mr. Woodward saw Mr. Rerdell sitting with the defendants, pretending to go with them, he (Woodward) had those two affidavits of Rerdell in his pocket. Did the prosecution know that Rerdell had made the two affidavits? I do not say they did, gentlemen. I only go right to the line of the evidence; there I stop.

Another thing: Mr. Blackmar swears that they had a signal to look at the clock, and that night Rerdell would meet him at six or seven o'clock, I have forgotten the hour; but Mr. Blackmar could not sit in his room all the time waiting for him, and so he gave him a certain signal, so that he would know he was to wait that night. Then what happened? Then Mr. Rerdell came to Mr. Blackmar and gave to him written reports. Of what? I do not know. He sat with the defendants; he gave to Mr. Blackmar written reports. What were they? I do not know. What did Mr. Blackmar do with them? He handed them to Colonel Bliss. What did he do with them? I do not know. Did he read them? I do not know. Did he know that they were in the handwriting of Mr. Rerdell? I do not know. That is for you.

Still another point:

Mr. Bliss, after this jury had been impaneled, stood before them while Rerdell was sitting with us as a defendant, and said:

The ranks of the defendants are closed up, and he--Rerdell--stands before you now as one of the defendants, whose testimony--Meaning the confessions made to MacVeagh and to Postmaster-General James--will be accepted by the Court and by you, &c.

The question arises, Did Mr. Bliss know at that time that Mr. Woodward had in his pockets two affidavits made by Rerdell, one made in September and the other in November? Did he know at that time that Rerdell had given his papers over to Mr. Woodward? Did he know at that time that he had offered to challenge the friends of the defendants from the panel? And so knowing, did he give us to understand that Rerdell had passed from the influence of the Government and was now acting as one of the co-defendants? Is it possible that Mr. Bliss would furnish Rerdell with a mask behind which he could gather information from the defendants and sell it to the Government for immunity? Is it possible? Those were the circumstances. I do not say that he knew. I do not know.

Gentlemen, I do not believe that it is the duty of a Government to prosecute its citizens. I do not believe that it is the duty of a Government to spread a net for one of the people whom it should protect. I do not believe in the spy and informer system. I believe that every Government should exist for the purpose of doing justice as between man and man. The mission of a Government is to protect and preserve its citizens from violence and fraud. The real object of a Government is to enforce honest contracts, to protect the weak from the strong; not to combine against the one, not to offer rewards for treachery, not to show cold avarice in order that some citizen may have his liberty sworn away. The objects of a good Government are the sublimest of which the imagination can conceive. The means employed should be as pure as the ends are noble and sacred. The Government should represent the opinions, desires, and ideals of its greatest, its best, and its noblest citizens. Every act of the Government should be a flower springing from the very heart of honor. A Government should be incapable of deceit. The Department of Justice should blow from the scales even the dust of prejudice. Representing a supreme power, it should have the serenity and frankness of omnipotence. Subterfuge is a confession of weakness. Behind every pretence lurks cowardice. Our Government should be the incarnation of candor, of courage, and of conscience. That is my idea of a great and noble Government.

The next point to which I call your attention is the withdrawal of the plea of not guilty by Mr. Rerdell. You probably remember the occurrence. I will read to you what he said upon that occasion. I find it on page 2202:

After mature reflection and a full consideration of the whole subject, I have determined to abandon any further defence of myself in this case, and put myself at the mercy of the Court and the Government; and if desired to do so by the counsel for the Government, to testify to all my knowledge of any facts with reference to any of the defendants either against or for them, myself included. Therefore, I now in person ask leave to withdraw my plea of not guilty, heretofore interposed, and enter my plea of guilty, and in so doing put myself upon the mercy of the Court I feel this to be a duty I owe to myself, my family, and to truth. I have arrived at this fixed determination upon my own reflections and responsibilities, and without any previous consultation with my counsel, who, I believe, would not have advised me to this course, and whom I now relieve from all and any responsibility for the course I have adopted.

Now, gentlemen, is it not wonderful that if Mr. Rerdell was about to tell the truth as a witness in this case, he could not even withdraw his plea of not guilty without misstating the facts? Is it not wonderful that he felt called upon at that time to tell several falsehoods? He says that he took this step upon his own responsibility. He says that he did it without the advice of his counsel. He tells you that he believes if he had asked his counsel, his counsel would have been opposed to it. He says he is willing to be a witness for the Government if the Government desires it, leaving you to infer that at that time no arrangement had been made for him to be a witness; that it was all in the regions of uncertainty; that he had withdrawn into the recesses of his own mind, and consulting with himself and nobody else had made up his mind to throw himself upon the mercy of the Government and the Court, and took that step without even allowing his counsel to know what he was about to do.

But he speaks further on the subject. I read from page 2523. I was then examining him:

Q. How did you come to do it?--A. I finally made up my mind to what I would do. I talked it over the evening before with my counsel.

He so states under oath; and yet when he stood up before this Court and withdrew his plea of not guilty, he said he acted without the knowledge of his counsel--I read this to show you that the statement he made to the Court at the time he withdrew his plea was absolutely false. What next? I will go on a little further. The same man Rerdell, after he had made up his mind to go over to the Government; after he had made up his mind to swear away, if it was within his power, the liberty of S. W. Dorsey, admits, on page 2525, that he endeavored to get five thousand dollars from Mr. Dorsey.

On page 2589 Mr. Rerdell swears positively that he did not know that he was to be used as a witness for the Government until he was called in court to take the stand. Let us look at the evidence of Mr. Bliss on page 2590. I will read you what he said:

Mr. Bliss. Your Honor, we propose to show, in substance, that this witness, for reasons with which we have nothing to do, connected with his own views of his own safety, from an early period was desirous of being accepted by the Government as a witness; that the counsel in the case refused to communicate with him or to have anything to do with him until, in the presence of his own counsel, he was brought to Mr. Merrick's office, and there the whole thing was explained; and that then for the first time the Government accepted his willingness to be a witness; and they did it under circumstances which held out to him no inducement and which involved no training or anything of the kind by anybody representing the prosecution.

Now, let us go to the next step. I want to be perfectly fair. On page 2591 Mr. Merrick asked Mr. Rerdell this question:

Q. When did you first learn that you would be put upon the stand after pleading guilty?--A. It was the day before my plea was made in court.

Yet when he rose to withdraw the plea he expressed his willingness to go upon the stand for the Government, leaving you to infer that no arrangement had been made, and he afterwards finally swore that he did not know that he was to be called until he was called.

These things, gentlemen, you must remember.