Another man was there on that very day, Mr. Mullins. He never had any recollection of seeing Rerdell until he saw him here. All the books were kept in the safe except the books that Torrey had in his desk. No such books were in the safe and no such books were in Torrey's desk. Gentlemen, no such books existed, and I will demonstrate it to you before I get through. No doubt the man had some little expense-books of his own. He has widened them, he has lengthened them, he has thickened them, he has colored them. He has refreshed other people. When the Government tells a man, "You have got an office, haven't you?" "Yes." "Well, we want you to remember this." Then he is refreshed on the subject. The words the Government speaks are rain and dew and sunlight upon the dry grass of his memory and it springs up green. He says he has been refreshed. Before I get through I will show you that these things were proved only by gentlemen who had been refreshed.

Now, why did Rerdell say he took the journal and left the ledger? I will tell you. There is more in the shirt theory than you would think. He had a shirt in a paper, folded up just once over the bosom. Unexpectedly lie met Mr. James on the train. He was very much surprised to meet him, because James swears he was very much surprised to meet Rerdell. James knew that he had gone over to New York to get those books, and he asked him, "Did you get the books?" Rerdell had that beggarly little package. He could not call that "books," because it was not large enough, and so he had to say he had a book. That was the reason he said journal and not ledger. He had too small a package for "books," and consequently he told James he had the "book," and he is sticking to it; only one book. Another reason: He said to James, and it was very smart of him, "I don't want to show you what I have got in this package, because there is a fellow looking," and so the shirt, in unconscious innocence, reposed unseen. Who was the fellow who was looking? Chase Andrews. You recollect him. He came into the depot at Jersey City at the time Rerdell was writing this virtuous dispatch, this certificate of his honor and of his faithfulness. He shook hands with Rerdell. Rerdell said he had a carpet-sack, but it was not big enough to get one of these books in. He wanted the jury to think it was a pretty big book. He hated to lose a chance of adding to the size of the book, and so he swore that it was too big to put in the carpet-sack. If he had only had sense enough to put it in the carpet-sack, and let it alone, we never could have proven anything about it by Chase Andrews. Andrews would not have sworn that he looked through the carpet-sack. But Rerdell in his anxiety to have that book a big book said he could not get it into the carpet-sack, and consequently must have held it in his hand. Chase Andrews saw him in the depot at Jersey City, and rode in the next seat in the Pullman car from Jersey City to Washington, and Rerdell had no book. Who will you believe, Chase Andrews or Mr. Rerdell?

Mr. Ingersoll. [Resuming.] May it please the Court and gentlemen of the jury.

It is also claimed by the prosecution that on the evening of the day on which Rerdell was in New York and sent the telegram from Jersey City. Dorsey wrote a letter to Rerdell in which he begged him for the sake of his family, for the sake of his children, and everything to go no further. I believe it is claimed that after Mr. Rerdell got back here to Washington he showed that letter to his brother. It struck me as extremely wonderful that he did not show his brother the book; that was such an important thing, it being the thing that he went after, being something that was to decide his fate with the Government. There was nothing about that. Let me say right here: Suppose his story is true that he told Dorsey that he had been to the Government. Would Dorsey write to that man a letter begging him for God's sake not to go further? Would he not rather have sent some man to see him? He knew at that time that he was utterly dishonest, having received that very afternoon, according to Rerdell's testimony, a telegram from Rerdell, in which Rerdell admitted that he had told a falsehood. Would he then have put himself upon paper? Would he have put himself in the power of that same man? I ask you, because you know there is about as much human nature in one person as in another, on the average, and the only way you can tell what another man will do is by thinking "What would I do under the circumstances?"

I am going to demonstrate to you now with just one point that there were no such books. When Rerdell came to make the affidavit of June 20, 1881, Dorsey knew that Rerdell had talked with MacVeagh, James, and Clayton. He also knew that Rerdell, according to his statement, had promised to go to New York and get the red book. Rerdell swears in the affidavit of June, 1881, that he promised MacVeagh to go to New York and get those books. Dorsey knew at that time whether such books existed or not. If he knew they did exist then he knew that Rerdell went after them. Why did not Dorsey ask Rerdell at the time he made that affidavit, "Did you get a book in New York?" Admitting, for the sake of the argument, that Rerdell's story is true that the books were there and that Dorsey knew it, would not Dorsey have asked him, when he was making the affidavit of June 20, 1881, "Did you get a book in New York? What did you do with it, if you did?" Rerdell swears that Dorsey did not mention that subject; that it was not talked of between them. Why? Because both knew that no such books existed. That is the reason he did not ask him if he got it. He knew that he did not get it. Why? Because the book was not there to be obtained. Can you explain that on any other hypothesis? Dorsey knew at this time, according to the testimony of Rerdell, that Rerdell was dishonest; knew that Rerdell had tried to sell him out to the Government; knew that Rerdell had promised MacVeagh he would go to New York and get those books; knew that Rerdell had been to New York; knew that Rerdell had gotten back, and yet did not ask him, "Did you get a book?" Would he not naturally have said, "I want that book that you got in New York. I want it now." It also appears in evidence that on the very day that Rerdell was in New York and says he was in Torrey's office, Torrey in the afternoon went to the Albemarle Hotel to do some writing for Mr. Dorsey. Is it conceivable that Torrey would not in that conversation have told Dorsey, "Your clerk, Rerdell, came to the office to-day and I gave him the mail book or one of those books"? Not a word. That affidavit was made in June, 1881, and was the affidavit in which Rerdell disclosed what he had done with the Government, and that he had agreed to get that very book, and yet Dorsey did not take interest enough in the matter to ask him if he got a book.

Mr. Merrick. Is there any evidence of the conversation between Torrey and Dorsey?

Mr. Ingersoll. No. The evidence is that Torrey went there that evening. You claim that that was the topic of conversation, and that Dorsey sent dispatches to Rerdell that night and wrote a letter to Rerdell. So, I say, under the circumstances, and with the excitement then prevailing, it is inconceivable that Torrey should not have said, "Your man Rerdell has been at my office to-day, and got one of the books."

I say it is inconceivable that he did not tell him, and therefore Dorsey must have known it had it been a fact, and had it been a fact when Rerdell made the affidavit of 1881, Dorsey would have said, "I want that book. I want the book you stole from my office." He did not even mention it. It was not the subject of conversation. Yet, in that same affidavit, he said that he agreed to go and get it, and in that same affidavit he said that no such book ever existed. He swore to that affidavit from friendship. You see, gentlemen, about how much friendship that man is capable of. He swore for friendship that no such book existed; he now swears that it did. What is that for? You want to consider these things. Nobody asked about that book. The matter drifted along. The summer wore away. Autumn touched the woods with gold. Nobody ever mentioned the book. Winter came. That book was in a little carpet-sack hanging in a woodshed. A magnificent place to secrete property. The snows descended; the winds howled around that woodshed. The carpet-sack hung there with the book in it. Nobody touched it. I think the next year, may be that summer, he wrote or telegraphed to Mrs. Cushman to get the book. It suddenly occurred to him that a woodshed was not a safe place for it. She got a book. She looked into it enough to find out it was about the mail business. She put it away; finally that book was brought from its hiding-place on the 13th of July, 1882, when Rerdell says he handed it over to Dorsey, and there is not one syllable of evidence going to show that it was ever spoken of from the time he visited New York until he brought it to Dorsey, as he claimed, at Willard's Hotel. What made him give it to him? Dorsey was mad. Dorsey threatened that he would have Rerdell arrested for perjury, because Rerdell had sworn that he, Dorsey, was innocent. That is enough to excite the wrath of an ordinary man. Dorsey was then on trial. The first trial was then going on. We were right in the midst of it. The year before that Rerdell had solemnly taken his oath that Dorsey was an innocent man, and here Dorsey was in a court insisting that he was innocent. Yet he threatened to have Rerdell then and there punished for perjury because he had sworn that he was innocent. That frightened Rerdell. I think it was calculated to frighten any man.

Why did Dorsey allow Rerdell to keep that book? There is only one possible explanation: The book never existed. That is all. Torrey would have told about it if it had been taken from his office, because I believe the evidence shows that that affidavit was shortly afterwards published. Nobody seemed to have taken any interest in that book. All interest faded away. Now, Mr. Rerdell made that affidavit on the 20th of June, 1881. I believe, on page 2468, Rerdell swears that when he made the affidavit of June 20, 1881, he had the copies of the original journal and ledger at Dorsey's office. Afterwards he swears he had not. He swears that he then gave them to Dorsey. Afterwards he says they were sent to New York the year before. I will come to that after awhile. Now, let us see what the position of affairs was on June 20, 1881. At this time Rerdell had furnished the Government all the information he had, except the book. Then they had said to him substantially, "The evidence is insufficient. We want more." Rerdell agreed to furnish them the books, and went to New York to get the books.

Now, he had Dorsey absolutely in his power, according to his account. What did he do? He had, according to his testimony, the copy of the letter Dorsey had written to Bosler on the 13th of May, 1879, the copy having been made by Miss Nettie L. White. He had the tabular statement in Dorsey's own handwriting, showing thirty-three and one-third per cent, to T. J. B. He had the letter that he himself wrote to Bosler on the 22d of May, 1880. He had the red book. According to his statement, on that day he had Dorsey in his power. All he had to do was to take the next step and secure absolute safety for himself and crush his employer. What did he do? He then said, "I went to the Government and played the detective." He retreated. He voluntarily put himself in a position a thousand times as perilous as he had been in before. He put himself in a place where he had to swear that what he told the Government was a lie, and that he was simply endeavoring to find out the Government's case and was acting as a detective. You must recollect that Rerdell is a man who does nothing for money. He will make an affidavit for unadulterated friendship. He will make it also from fright. He will make it also, he says, in the interest of truth. At that time he made an affidavit, as he says, for friendship, and it is for the jury to determine how much a man like Rerdell—because you know what he is just as well as I do—would do for friendship. You have seen him here day after day. You saw him sitting right at the door when Mr. Ker and Mr. Bliss were demonstrating to you that he was a guilty wretch, and you saw his face beaming with pleasure. He was absolutely delighted. Yet when Mr. Wilson stood here and endeavored to show that the man was not as bad as he said he was, endeavored to show that his plea of guilty was absolutely false, he slunk away, covered with the shame of innocence. He did not want to hear that. He wanted it understood that he was guilty, and that it was the proudest moment of his life. Now, it is for you to determine how much such a man would do for friendship. It is for you to determine how you can take advantage of his finer nature. He had Dorsey in his power, according to his story, but instead of carrying out his original design he turned against the Government. Why did he do that? Because of patriotism? No. Why? He did it for his own benefit, gentlemen. He never acted from any other motive. Why did he not stay with the Government? Because they would not give him his price for his evidence. Why would they not give him his price for his evidence? Because his evidence was not worth it. If he had had the copy of the letter from Dorsey to Bosler they would have given him his price. They would have followed him all over the United States to have given him his price. There was the absolute evidence against Dorsey. There was the evidence against the man whom Mr. MacVeagh wished to drag down. Why did they not buy it? Because the man did not have it. Why did he desert the Government? Because the Government would not give him his price. Again I ask why would not the Government give him his price? Because he had not the goods; he had not the evidence. Then what did he do? He sneaked back and asked protection of the man he had endeavored to betray. That is what he did. He again asked Dorsey to stand by him. Dorsey did not need this man. This man needed him, and he instantly deserted the Government and went back to Dorsey. For the sake of saving Dorsey? No. For the purpose of saving himself.

He had not the evidence. Yet, according to this testimony of his, he did what I told you. What else did he have? He had the route-book. What was the route-book, gentlemen? From the evidence it appears that this man kept a route-book, and that in it he had the name of each route, the number of the route, where it started from, and where it went to, the name of the contractor, the amount per year, the name of the subcontractor, the amount per year, and then a column showing whether it had been increased, and, if so, how much, and whether it had been expedited, and, if so, how much. He had that book. He says he was subpoenaed to appear before the Congressional committee. What book would that committee want? They would want the book that showed the original contracts, the subcontracts, the description of the routes, how much the Government paid to the contractor, and how much the contractor paid to the subcontractor. That was the book they wanted, and that was the book to hide if any hiding was to be done. That was the book to have copied. That was the book in which figures should have been changed, if in any. And yet he never said one word about that route-book. He had it in his possession. Why should he not expect the committee of Congress to call for that book? He did not tell you. He did not have that book copied, and yet that was the book that had in it every particle of information that the Congressional committee wanted. Not a word on that subject.

It appears, too, in the evidence, that Mr. Rerdell had in his possession certain notes that passed between him and Mr. Steele about the red books. Why were not those notes produced in evidence? Mr. Steele was here on the subpoena of the Government. Why were not those notes produced in evidence? Not a word about that. Is it possible that those notes were about the route-book? Why were they not produced? Rerdell went before that Congressional committee. He did not take any route-book. What did he take? He said that he had these books made up to take. Did they contain the accounts of the subcontractors? No. Donnelly swears there were not more than twelve accounts in the book. What was the use of taking that book, or those books, before the committee? Another thing: He says that he went immediately and got those books copied. Would he try to palm off the copies as originals? Would not the committee ask him the very first thing, "In whose handwriting are these books?" He could not say, "They are in mine," because then he would be caught. He would have to say, "They are in Mr. Donnelly's handwriting." The next question would be, "Where is Mr. Donnelly?" And the answer would be, "Here in town." The committee would send for him and would ask, "Mr. Donnelly, did you write in those books?" "Yes." "Did you make the entries at the time they purport to have been made?" "No, sir; I copied them from another set of books that Mr. Rerdell gave to me." He would either say that or swear to a lie. Then they would say, "Mr. Rerdell, we want the original books," and then he would be caught. You cannot imagine a more shallow device. More than that, the books would not have any information that the committee wanted, nothing about these contracts, and nothing about the amount paid the subcontractors. If the committee wanted anything they wanted to show that the Government was paying a large price and the contractors were paying to the subcontractors a small price. Rerdell says that when he was subpoenaed to bring his books he never thought of the route-book. He thought of the red books, and yet the route-book was the only book that had any information that the committee wanted. How was he to palm that off? Is it possible to think of a reason having in it less probability, less weight, less human nature than the reason he gives for having those books copied? There is another question. If Rerdell expected to palm off the copies as the originals, why did he keep the originals? For instance. I have a book here that I don't want Congress to see, and so I have it copied.

I am going to swear that that copy is the original; otherwise the device is good for nothing. Why keep the original and run the perpetual danger of discovery? Why not burn the original? Why keep the evidence of my own guilt, liable to be found at any moment by accident, by a servant, by a stranger? That is not human nature, gentlemen. Then there is another question: If he were going to have a book copied and then swear that the copy was the original, he would have copied it himself. If a man intends to swear to a lie the first thing he does is not to take somebody into the secret. Why should he have put himself in the power of Donnelly? He was the man to be the witness before the committee, and if his device worked he intended to swear before the committee that the copies were the originals; and yet, by going to Donnelly to have the work done, he manufactured a witness that would always stand ready to prove that he, Rerdell, had sworn to a falsehood. What men work in that way? When a man makes up his mind to swear to a lie does he take pains to go to one of his neighbors and say, "I am going to swear to a lie to-morrow and I want to give you the evidence of it. I am going to swear that a copy is an original. I want you to make the copy so that I can swear to it." Would not the neighbor then say, "I will be a witness against you in that case. You had better copy it yourself." Just see what he did. He took pains to have a witness so that if he swore falsely he could be contradicted and convicted. Why did he not copy the books himself? After he got the originals copied why did he not burn up the originals so that nobody could ever find them in his possession?

Let us take another step. Finally, he got before the committee. When he got before the committee what did he swear? He swore that he kept some expense-books showing how he stood with the contractors. I think that was the truth. I think that is what he did keep. He did not tell the committee about the route-book. Not a word. That was the only book that he concealed in his testimony. He said he kept some expense-books and those were all that he kept. He did not tell about the route-book. That is the only book that he failed to mention. Consequently, it seems to me, that was the only book he did not want to show. Why? Because he thought at that time they were going to make a great outcry about what was paid to the subcontractor and to the contractor and he had no advices from anybody, except from whom? Except from Mr. Bosler. What did Bosler tell him? Bosler told him, "I see no reason why you should not exhibit your books and papers." Now, according to Rerdell's testimony, on the 13th of May the year before, Dorsey had written a letter to Bosler informing him that he had given twenty thousand dollars to T. J. B. Bosler knew, if the testimony of Rerdell is true, that that letter had been written, and Bosler had that information. He knew if the letter had been copied, too, because every letter that one receives gives evidence whether it has been copied or not. And yet, knowing of that letter, he wrote to Rerdell or telegraphed him that he saw no reason why he should not show all his books and papers. Nobody believes that. Nobody ever will believe it! The earth may revolve in its orbit for millions of years, and generations may come and go, countless as the leaves of all the forests, and there never will be found a man of average intelligence to believe that story. Just think of it. Bosler, according to the testimony of Rerdell, had gone into partnership with Dorsey knowing there was a conspiracy, knowing Dorsey was paying to Brady thirty-three and one-third per cent, of the profits, and thereupon the clerk who attended to the business writes or telegraphs to him, and says he has been subpoenaed to appear before the Congressional committee with the books and papers, and Mr. Bosler knowing of the existence of the conspiracy, and knowing that Brady is getting thirty-three and one-third per cent, writes or telegraphs back that he sees no reason why all the books and papers should not be presented to the committee. Gentlemen, that is impossible; it never happened and it never will.

Ah, but they say these books did exist. Why? Because Mr. Donnelly copied them. Let us see whether he did or not. There is nothing like examining these questions. Mr. Rerdell says that in his interview with Brady, Brady suggested to him that he had better have them copied. This, I believe, was on the 21st of May, 1880. Now he swears that in accordance with that view or suggestion that he received from Brady he had the books copied by Donnelly. When did he have it done? He had it done after the 21st day of May, 1880. On page 2638 Donnelly swears that he copied these books in the latter part of April or the forepart of May. On page 2636, where he was asked if he had anything to do with copying a book of accounts for Rerdell, he says that he had; and on being asked what kind of books they were, says they were a small set of books. Donnelly swears that they related to the mail business, and seemed to be the books of a firm. At that time nobody was interested in the matter except S. W. Dorsey. How did they appear to be the books of a firm? Donnelly swears, on page 2640, "there were not more than a dozen accounts in the book." Let us see if these were the mail books. He says there was an account against S. W. Dorsey; that is one. An account against John W. Dorsey; that is two. Against Donnelly himself; that is three. M. C. Rerdell; that is four. Interest account; five. A mail account; six. An expense account; seven. A profit and loss account, eight; and an account with William Smith, nine. That is all he gives. But he says they were not to exceed a dozen. On page 2644 Gibbs says there was an account against Colonel Steele and Mrs. Steele. I take it they would be in one account. That makes ten. Then there was an account against Jennings, making eleven; and an account against Perkins, making twelve. Let us see if we can go a little further. Mr. Rerdell swears to a cash account; that is thirteen. Also an account against J. H. Mitchell; that is fourteen; and one against Belford, making fifteen. You can deduct your Jones and your Smith and have one more account in the book then than Donnelly swears was in it. He swears they were not to exceed a dozen. That was the book with all this mail business. We will follow it up a little. Rerdell says he opened the books according to the memorandum, and swears consequently that there was a cash account and an account with J. H. Mitchell. J. B. Belford, I believe, he afterwards mentioned. Now, according to Gibb's testimony there was an account with Perkins. Understand I say that the only book he had, if he had any, was a private book in which he kept his own expense accounts and his own matters, and it was not a book with which Stephen W. Dorsey had any connection. I say that the William Smith and Samuel Jones account he has added for the purpose of having something to sell to the Government. That is my claim. I say they were his private books. There was an account with Perkins. You have heard all the testimony, gentlemen. You know all the contracts in this case. You know all the subcontracts. There is not a single solitary account in this book with any subcontractor mentioned in any of these subcontracts except Perkins and possibly Jennings. Who was Perkins? Perkins was a subcontractor on the route from Rawlins to White River. That is the route that Rerdell had an interest in himself.

Rerdell made the subcontract with Perkins himself, and consequently he had an account with Perkins in his own private book, and had not any account with the rest of the subcontractors. We also find, according to Gibbs, that there was an account against Jennings. Who was Jennings?

That brings us to the Jennings's claim. That is the claim that he told Mr. Woodward about, when he wanted to sell out in the first place, and that is the claim that he told Mac-Veagh and the Postmaster-General about. Strangely enough and wonderfully enough we find that claim in this very book. That shows whether this was a private book or whether it was a book kept for the accounts of Dorsey.

Now, by looking at the Post-Office reports I find that nine hundred and ninety-four dollars was paid to Rerdell for Jennings on the 14th day of April, 1880, and the question I ask is did he keep two sets of books at that time? He produced in court a book of his own, kept at that time with the Jennings account in it. The book that was copied had the Perkins account, and why? Because it was a special account in which Rerdell was interested. They have failed to prove that there was in that other book any account in which Dorsey was necessarily interested, except the account kept with Rerdell showing Rerdell's transactions with Dorsey.

We now come to the testimony of Mr. Gibbs. Mr. Gibbs says his wife copied a journal between Christmas, 1879, and the 1st of March, 1880. Rerdell says that she copied the journal and ledger both. The witness, Gibbs, gives the color of the book. He says it was not red; it was either brown or black. Mr. Gibbs remembers nothing about the Smith account, whether it was large or whether it was small. He finally swears that he does not really recollect anything about it, except that Rerdell brought the book there and said he wanted to get a copy made to send to Dorsey in New York, and that he returned the book and the copy to Rerdell. He swears that he remembers as names in this book Smith, Jones, and S. W. Dorsey, and M. C. Rerdell. Those were all he could think of. He does not remember the name of John H. Mitchell. On page 2646, he says he believes that Rerdell came to him and asked him during the trial if he recollected the name of William Smith, and he swears that when Rerdell asked him if he recollected the name of William Smith, he distinctly told him that he did not. Then he asked him if he recollected the name of Jones, and he swears that he told Rerdell when he asked him that question that he did not. I read from page 2646:

I tried not to remember anything of this.

How can a man try not to remember? What mental muscle is it that he contracts when he tries not to remember? That is a metaphysical question that interested me greatly when the man was testifying, for he said he tried not to remember. Why did he try not to remember?

I didn't want to be called into court if I could possibly help it, and for quite a long time did not mention the fact that I knew anything of the books. But when I was called into court, I thought of all the circumstances connected with the time that I copied the books; and a few days ago, or a week or so ago, in going home one night, and thinking this thing over in my mind, and thinking of everything I could think of, my mind reverted to a conversation I had had at the time, laughing and looking over the books.

It was not only one book, then.

And I wrote a great many letters, and read a great many names—They must have been in the letter-books—and was laughing about the peculiarity of the names, and even made the remark, "There is even Smith and Jones in it."

What a wonderful circumstance! In copying the books and making an index of the three letter-books he found Smith and Jones. The difficulty would have been not to find Smith or Jones.

That is the evidence of that man. When Rerdell first went to him, he told Rerdell distinctly, "I remember no name of Smith; I remember no name of Jones." And then he waited until Rerdell went on the stand and swore that he copied those books, and that the names of Smith and Jones were in them, and then his memory was refreshed, and he came here and swore that the names of Smith and Jones were there. All of a sudden it came to him, like a flash, and he subsequently had the conversation with his wife. Gentlemen, you may believe it; I do not; not a word of it. He is mistaken. He has mistaken imagination for memory; he has mistaken what Mr. Rerdell told him now for something he thinks happened long ago. He took the letter-books, too. May be there is where he found some of his strange names.

Rerdell says, in swearing to the letter which he says was written by Dorsey to Bosler on the 13th of May, 1879, that he (S. W. Dorsey) took that book, all his own books that were not used for the mail business, and boxed them up. When? In 1879. Mr. Kellogg swears that after they were boxed up they were sent to New York. When? In 1879. And yet Rerdell swears that between Christmas and New Year's, 1879, those books were at the house of Mr. Gibbs to be indexed. It will not do. And Rerdell swears that he had the letter-book containing the letter of May 13, here in 1881, when he went to MacVeagh, and yet, according to his own testimony, that book was sent to New York in 1879. And he swears that the three letter-books—and I will call your attention to them after a while—that he had here, commenced on the 15th of May, and ended, I think, in April or May, 1882. He swears that the letter written by Dorsey to Bosler was written on the 13th of May, 1879, and then he swears that the first letter in the three letter-books was dated the 15th of May, two days afterward. So he had not the book here. I knew he did not have it, because if he had had such a book with such a letter, he never would have gone to New York to steal a book; he would have stolen that one.

Torrey took charge of the books January 27, 1880, and he kept them until the 1st of May, 1880, in the Boreel Building, and then at that time moved to 145 Broadway, and kept them there until the last of April, 1882.

Now, gentlemen, I will come to those red books again in a moment. Here is a little piece of evidence about the books. You know it was the hardest thing in the world to find out how many books this man had, how many times they were copied, who copied them, and what he did with the copies; and he got us all mixed up—counsel for the prosecution, the Court, counsel for the defence—none of us could understand it. "How many books did you have? What did you do with them?" "Well, I took them to New York. No, I did not; I had some of them here." Finally I manufactured out of my imagination a carpet-sack for him. I said, "Didn't you take these books over to New York in a carpet-sack?" He said "Yes," he did. He jumped at that carpet-sack like a trout at a fly. Let me call your attention to some other evidence, on page 2637, near the bottom. Donnelly is testifying:

Q. Was it an exact copy of the book?—A. It was not.

Q. In what did it differ from the book you were keeping?—There were some items left out.

Q. What accounts did you leave out?—A. I left the William Smith account out.

Q. What did you do with that amount in order to balance the books?

Now, I want you to pay particular attention to this answer.

A. My recollection is that I carried it to profit and loss.

Q. On the books or on the balance sheet?—A. On both.

Now, remember, these were the books made out to fool the committee. I suppose there are some book-keepers on this jury. I suppose Mr. Greene knows something about book-keeping, and Mr. Evans, and Mr. Crane, and Mr. Gill. I do not know but you all do. And you know that when you carry an amount to profit and loss you do not throw the name away; you keep the name. If you have charged against Robert G. Ingersoll five thousand dollars, which you never expect to get, and you want to charge it to profit and loss, you make the charge and you put my name against that. You put profit and loss against Robert G. Ingersoll's debt. Everybody that ever kept a book knows that. If you carry an amount to profit and loss you rewrite the name of the person who owes the debt. So that when he says, "My recollection is that I carried it to profit and loss," there would be a name twice in the book instead of once. If it was simply in the book once it would be, "William Smith, debtor, eighteen thousand dollars." But if you carry that to profit and loss you must credit profit and loss by this William Smith amount, and consequently get the name in the book twice instead of once. And that is what they call covering it up. They were so afraid that somebody would see an account against William Smith in one part of the book that they opened another account in the profit and loss business and put it in again. That would be twice. Now, let us go on a little:

Q. Were there any other accounts transferred in the same way?—A. I rather think there were, but I am not certain.

Q. Did you make the books balance on your copy?—A. Yes, sir.

Q. How long were you working on that copy?—A. I was working on it two evenings and all of one night.

Now, recollect, in the copy that he made, he carried the account of William Smith—and may be Jones, he does not remember—to profit and loss.

Now, let us take the next step. Let us go to page 2269. This is as good as a play. Donnelly swears that when he made the first copy he carried the William Smith account and some other to profit and loss. Rerdell swears that acting upon the hint of General Brady he got a man to do—what? To make another copy and leave out the items that had heretofore been charged to profit and loss. Donnelly swears that he balanced the books, and he is the only man that ever did balance the books, according to the testimony. After Rerdell had been subpoenaed to appear before the Congressional committee, he got another man, whom he swears he put to work on the books, designating the entries to be left out by drawing a pencil mark through them; that he told him to make up a new set of books, leaving out those entries, but to leave the books so that they would balance, taking the entries that were stricken out, and also the same amount that had been carried to profit and loss, and leave them entirely out. Rerdell swears that prior to that time these accounts had been carried to profit and loss, and that he struck out the credits to Dorsey.

Then the evidence as it stands is this: Rerdell swears that Mrs. Gibbs copied the journal and ledger. Gibbs does not swear it, but Rerdell does. That made four books. Then he got Donnelly to make another set of books with the William Smith and Dorsey accounts carried to profit and loss.

That is six books. After he had been subpoenaed by the committee he got another man to make a new set of books and leave out the William Smith and Dorsey accounts and the profit and loss account, and that makes eight books. And there we are, so far as that is concerned.

Now, gentlemen, I have come to one other view of this case. I hope that you will not forget—because I do not want to speak of it all the time—that this man Rerdell swears that he had the original letter-press copy of that letter which he says Dorsey wrote to Bosler. Do not forget that. He says he had that before he went to New York to steal the red books; do not forget that. And that he gave that testimony away; do not forget that. That he says he had it copied by Miss White, and they do not introduce Miss White to show that she copied it; do not forget that. Do not forget, too, that he had when he was there the tabular statement in the handwriting of S. W. Dorsey.

Mr. Ingersoll. [Resuming.] Gentlemen, on page 2286 Mr. Rerdell gives the contents of a letter which he says Dorsey wrote to him the night he, Rerdell, left New York, and when he says he had the book with him. He swears, you remember, that afterwards Dorsey tore the letter up. Let me read you the letter as he says it was written:

The letter started out by stating that he did not believe the report that had been brought to him in reference to myself, and that he also believed the affidavit story to be a lie. He plead in the letter for the sake of his wife and children and himself, and his social and business relations, and the friendship that had long existed between us not to do anything for his injury; for God's sake to reconsider everything that I had done and take no steps further until he could see me. It was in that strain, simply begging me not to do anything further until he could see me.

Now, let us analyze that letter, keeping in our minds what Rerdell has sworn. Rerdell has sworn that when he went to the Albermarle Hotel he told Dorsey what he had done; that he had had the conversations with MacVeagh and James. Let me call your attention to the dispatch from Jersey City. First, Dorsey wrote to Rerdell that he did not believe the report that had been brought to him; that had been brought to him. He could not have used that word "brought" if Rerdell had been the bringer. If Rerdell had made the report to him in person he could not have written to Rerdell, "I do not believe the report that has been brought to me." The use of the word "brought" shows that somebody else told him; not the person to whom he wrote. "The report." What report? There is only one answer. The report that Rerdell had been in consultation with the Government. He writes to Rerdell, "I don't believe that report that has been brought to me," and yet when he wrote it, if Rerdell's testimony is true, he knew that Rerdell had given him that very report and he knew that Rerdell would know that he, Rerdell, had told Dorsey that very thing. Second, that he, Dorsey'', believed the affidavit story to be a lie. There is again in this horizon of falsehood one little cloud of truth. Rerdell had not made an affidavit. He had told James, MacVeagh, Woodward, and Clayton what you know, but he had not made any affidavit, and when he was charged, if he was, with having made an affidavit, it delighted him to have one little speck of truth, just one thing that he could honestly deny. That was the one thing. He had not yet made an affidavit. Third, Dorsey plead with him in the letter for the sake of his wife, his children, himself, his social and business relations, and the friendship that had long existed between them, not to do what? Not to do anything further. According to Rerdell, he told him in the letter he did not believe he had done anything. Rerdell swears that he wrote to him in the letter that he did not believe the report; that is, that he had yet done anything, and then wound up the letter by begging him, for God's sake, not to do anything further. How came he to use the word "further"? "Don't take any further steps. I know that you have not taken any step at all, but do not, I pray you, take any further steps." That letter will not hang together. Dorsey swears he never wrote it. Finally, the letter comes down to this: "I don't believe the report. I do not believe you have done anything. But, for God's sake, do not do anything more." It is like the old Scotch verdict when a man was tried for larceny. The jury found him not guilty, but stated at the end of the verdict, "We hope the defendant will never do so again." The first part of this letter shows that Dorsey did not believe that he had done anything. The last part of it shows that he did believe he had done something and that he must not go further. No one can tell why he introduced the word "further" into this letter upon any other hypothesis. Now, I read to you, from page 2287, what Rerdell says happened at the Albermarle Hotel:

He charged me with holding interviews with Mr. James, the Postmaster-General, and the Attorney-General, and asked me what I meant by it. I told him my action was in his behalf; that I had been keeping up with the newspapers, and knowing the facts in regard to this mail business, what I had done was done in his behalf.

That is, he did not deny that he had these conversations, did not deny the report, did not deny that he had met the Attorney-General and the Postmaster-General, but said:

My action was in your behalf.

And then, according to Rerdell, after that Dorsey wrote him a letter, in which he said, "I do not believe the report," although Rerdell had made the report to him himself. May be that is the reason he did not believe it.

Now, let me read to you the conversation on his return from New York and see how it agrees with the letter. It is on page 2288:

Mr. Dorsey immediately brought up the conversation that we had had over in New York, and what I had done by going to Mr. Mac-Veagh, and asked me if I intended to ruin him. I said no, I did not; it was not my intention to ruin him; it was my intention to help him out of what I thought to be a bad difficulty.

Q. What did he say?—A. He then asked me if I had done anything further since I had left him.

Yet in the letter that he wrote him from the Albermarle Hotel he said that he did not believe the report and did not believe that he had done anything against him. The first thing he asked him when he got here was, "Have you done anything further against me?"

I said no, I had not; I had not been near Mr. MacVeagh. He then says, "Well, how shall we get out of this?" I says. "Mr. Dorsey, I will do anything that I can except to commit perjury."

A very natural remark for Mr. Rerdell to make. He would do anything but that. That testimony shows that Dorsey never wrote the letter which Rerdell says he did write from New York. That testimony shows that they did not have the conversation in New York that Rerdell says they had. That testimony shows that they did have exactly the conversation which Mr. Dorsey swears they had.

Now, I come, gentlemen, to the affidavit of June 20,1881. I would like the letter of July 5, 1882, which is on page 3733.

You understand this affidavit was made in consequence of the conversation, as he says, that he had with Dorsey after Dorsey came back from New York, in which he said he would do anything except commit perjury, and when Dorsey told him, "Damn it, what does that amount to when a friend is involved? I would not hesitate a moment." Consequently he swears that he made up his mind for the sake of friendship to swear to a lie for Mr. Dorsey. That is what he says now. On the 5th of July, 1882, while we were in the midst of the other trial, and when Mr. Rerdell, as he says, contemplated going over to the Government, and when he would not put evidence in our hands against himself, he wrote this letter:

July 5, 1882.

Senator: What I am going to say here may surprise you, while, judging from certain circumstances that to me are easily to be seen, you may not be taken by surprise.

To commence with this, it will be necessary to go back about a year to the time when, looking forward to the inevitable result of the star-route matters—I started to put myself in accord with the Government. At that time I had no thought of being included in any prosecution or indictment, supposing that as an agent I could not be held criminally responsible. Had I for one moment thought it possible nothing could have changed my mind, even anxious as I was to benefit you. The consequence was, I listened to Bosler and did what I will ever regret. First, because of the unenviable notoriety given me in consequence of doing what he persuaded me to do.

Who persuaded him? Mr. Bosler. He writes that on the 5th of July, 1882, when, as he said, he had made up his mind to go over to the Government, and when he would not willingly put a club in our hands with which to dash out his brains.

Second, because, let this case go as it may, I am still left under a cloud—That is a pitiable statement. That man under a cloud!—both with your friends and acquaintances, and the public generally.

Here comes, gentlemen, the blossom and flower of this paragraph:

And that, too, almost penniless.

Then the letter goes on:

These are stern facts, and cannot be ignored, while had I continued acting with the Government my reputation would have been clear, and no doubt been appointed to a good position.

The Government must have promised the gentleman an office when he went, in June, 1881, to Woodward and to Clayton and to the Attorney-General and to the Postmaster-General. According to this letter, among other things he was to have an office, the steamboat route was to be reinstated, the Jennings' claim was to be allowed, his father-in law was to get a clerkship, and according to this letter he also was to have a position. That is civil service reform! What does he say?

At least I have every reason to believe such would have been the result.

He would have had an office, he has every reason to believe. Why? They must have promised it to him.

This now brings us to the present time. I have an opportunity to redeem myself, and think it best to do so, as by so doing I can be entirely relieved of the indictment.

The Government then must have promised him in 1882 that the indictment should be dismissed as against him. Is it possible that he would tell a lie, gentlemen? Is it possible the prosecution will say that he lied on the 13th of July, 1882, but in 1883, having met with a change of heart, he told the truth? No.

In taking this step let me say this: It is the result of much thought and also of preparation.

I think so. The preparation of several papers.

I have realized the fact that all you and Bosler desired was to use me, and when no longer needed I could go to the devil.

Well, I think that is where he has gone.

Therefore I have concluded to be used no longer, and propose to look out for myself.

To-day I am putting things in order, so as to commence right tomorrow. I regret this on your family's account, but I too have a family, and owe it to them to put myself right.

You see, gentlemen, he wanted to leave an unspotted reputation to his children.

I deem it as being due to you that I should give you notice of my intention. Very truly,

M. C. RERDELL.

Now, gentlemen, he comes on the stand and swears that he made this affidavit, not being overpersuaded by Bosler, but because Dorsey with tears and groans besought him to make it. Yet on the 5th of July, 1882, he says he made it because he was overpersuaded by Bosler, and he says, too, "Had I remained with the Government my reputation would have been clear, and I have every reason to believe I would have had a good position." He says, "I have another opportunity to be entirely relieved from the indictment." These gentlemen say he never was promised immunity. That simply shows you cannot believe Mr. Rerdell when he is not under oath, and what he has sworn to here shows you cannot believe him when he is under oath.

Now I come to the affidavit. I will not spend a great deal of time upon it. Mr. Rerdell, with extreme ease, without the slightest hesitation, went through that entire affidavit, picking out with all the facility imaginable, every paragraph written by Dorsey and every paragraph written by himself. I was astonished at his exhibition of memory. I finally asked to look at the copy of the paper he had, and when I got that in my hand I found that every word that he swore was written by Dorsey had been underscored with a blue pencil. That accounted for the facility with which he testified. I found afterwards that that paper had been given him by Mr. Woodward and that he had gone through and marked such portions as Mr. Dorsey wrote, according to his testimony, or had marked those that he wrote, leaving the others unmarked, so that at a glance he could tell which way to swear. Before I get through with the papers in this case there is another thing to which I want to call your attention. All the papers as to which witnesses were called on the subject of handwriting are marked. I will show you that every one has a little secret mark upon it, so that the man who swore might know which way to swear simply by looking at the signature and at no other part. There has been a great deal of preparation in this case.

Now, Rerdell swears as to the parts of the affidavit that Dorsey wrote and the parts that he wrote. His object in swearing was to entirely relieve Messrs. James and MacVeagh from having made any bargain with him to steal Mr. Dorsey's books, and to entirely relieve them from any suspicion, as well as to relieve every other official of the Government from any suspicion of having promised him any pay in any shape or manner for the making of this affidavit. He swears in the first place, that Dorsey wrote this:

My story captured them completely, and I took occasion to refer to the steamboat route and the Jennings' claim. Mr. James remarked that he knew all about the Jennings' matter, that Jennings had been badly treated, and he ought to get the money, and should; that he would investigate the steamboat route and see if anything could be done; that that was the worst part, and his special agents had reported it; nevertheless he would see if something could not be done.

On page 2506, in his cross-examination, Mr. Rerdell swears that the words—Mr. James remarked—were not written by Dorsey, but were written by himself. On the same page he swears that the words—That Jennings had been badly treated—were not written by Mr. Dorsey, but were written by himself.

On his examination-in-chief he swore that these words were written by Dorsey.

On his examination-in-chief he swore that Dorsey wrote this:

And to further deceive them and learn their plans, carried the letter-book containing—And then he wrote—the much-talked of Oregon correspondence.

Afterward, when cross-examined, he swears, I think upon the same page, 2506, that he himself wrote the words:

Carried the letter-book containing.

That Dorsey did not write them. He also swears in his examination-in-chief that Dorsey wrote these words:

Making only one mistake, or rather slip, by which Mr. MacVeagh could, as a good lawyer, have detected me, and that was by stating that I had kept a set of books.

On his examination-in-chief he swears that Mr. Dorsey wrote those words. On cross-examination he admits that Dorsey did not write them and that he wrote them.

On his examination-in-chief he swears that he wrote this himself:

He said, "Well, Mr. Rerdell, I am in a position where I cannot make promises, but if you will place yourself in full accord with the Government, you shall not lose by it, and I would advise you not to receive any salary from Dorsey this month. It will be all right."

On cross-examination he takes it back, and swears, on page 2503, that Dorsey wrote the words:

It will be all right.

He was afraid those words might be given too wide a significance and might in some way touch the Attorney-General, and consequently he swore that he swore wrong when he swore that he wrote them, and that as a matter of fact Dorsey wrote them. Then, on his examination-in-chief with the marked paper before him, and having plenty of time to manufacture his testimony, he swore that he wrote the words:

He asked me—In his own handwriting, and that Dorsey wrote these words—when I was going to New York to get those books. I replied, "On Sunday night." He said, "Don't put it off too long, as they are all-important."

On his examination-in-chief he swore that Dorsey wrote those words, and on cross-examination he admitted that he wrote every one of those words himself. When he was cross-examined he had not the paper before him. His memory was not refreshed by the blue pencil mark. So on his examination-in-chief he swore that he wrote these words:

As I was about leaving he—Meaning the Attorney-General—said, "Mr. Rerdell, you have put yourself in full accord with us, and I have this to say, you shall be well taken care of and your matters shall be attended to."

On cross-examination, on page 2500, he swears that Dorsey wrote the words:

Your matters shall be attended to.

But he still admitted that he, Rerdell, wrote the words and put them in the mouth of the Attorney-General:

You shall be well taken care of.

He says in his letter of July 5, 1882:

If I had remained with the Government I have every reason to believe I would have a good position.

What next? Mr. Rerdell, in his examination-in-chief, swears that he himself wrote these words:

The next evening I called on Mr. Woodward to see if he had anything more to say, and he told me a place had been found for my father-in-law, and to give the application to Senator Clayton; to make the application for the Interior Department, as it was best not to put him into the Post-Office Department for fear of criticism; that the appointment should be made at once. It was all arranged. The next day I saw Clayton, who said the same thing.

On cross-examination, at page 2505, he swears that Dorsey wrote a part of this; that Dorsey wrote the following words:

As it was best not to put him into the Post-Office Department for fear of criticism.

When he testified on direct examination he had this marked paper before him; in the absence of the paper, on the cross-examination, he takes his solemn oath that he did not write it, but that Senator Dorsey did. What confidence can you put in that kind of testimony? I would like to have you, gentlemen, some time, or I would like to have anybody who has the slightest interest in the thing, read this affidavit and see whether it is the work of two or the work of one. You let two men write, one writing one paragraph and the other another paragraph, and then you read it; there is no man in the world accustomed to read books that cannot instantly detect the difference in style, the different mode of expression, the different use of language. Nobody can see any difference in the writing; nobody can see the slightest difference in the mode of expression; the sharpest verbal mechanic that ever lived cannot see a joint between these paragraphs. They emanated from the same brain; they were written by the same hand; and if any man, who has ever read one book clear through, will read that, he will see that one person wrote it all. But Mr. Bliss tells you that here is a passage that shows the handiwork of S. W. Dorsey, because Dorsey was a politician:

He also said that you, Mr. President, had told Mr. Dorsey you could not interfere in this investigation and prosecution; that if you did, the public would say that the President and a Secretary, who shall be nameless, but whose name I could guess, had taken the money of the star-route ring while they were in Congress, or the Postmaster-General and Attorney-General had taken it since, and therefore he (Dorsey) must look to the courts for vindication.

That is the passage upon which Mr. Bliss relies, among others, to show that this was formed in the brain of S. W. Dorsey; and yet Rerdell swears that that passage he wrote himself. It will not do, gentlemen.

Now, in order that you may know just about how much force to give to that, let me read you a little from page 2379; and I read this for the purpose of letting you know the ideas that this man Rerdell entertains of right and wrong.

I want you to get at the moral nature of this man; I want you to thoroughly understand him. When you examine these affidavits, when you think of his testimony, I want you to know exactly the kind of nature he has, and I want you to remember that he came here upon this stand and swore in this case that he did not consider that it was wrong to interline petitions; that he did not think it was wrong to fill up affidavits; and that is the reason he made the affidavit of July 13, 1882. Although he then knew that these things had been done, still he did not regard them as wrong. You see it is worth something to get at a man, to get at his philosophy of right and wrong; it is worth something to know how he thinks; why he acts; and when you have found that out about a man, then you know whether to believe him or not.

I believe the jury did look at this paper and saw all the parts that had been marked by blue pencil, and those parts, I believe, he said Dorsey wrote. That is the paper he had before him at the time he testified in chief. But when he came to be cross-examined, not having the paper then before his eyes, he swore in very many important things exactly the other way. We were all astonished at the facility with which he remembered, he pretending to know what parts he wrote and what parts Mr. Dorsey wrote. I want you to understand this man, and before I get through with him, you will. I want you to know him.

Now we come to an exceedingly important thing in this case, in the eyes of the prosecution. It is the principal pillar supporting the testimony of Mr. Rerdell. Without that pillar absolutely nothing is left, everything falls into perjured ruin.

The first question that arises with regard to the pencil memorandum (31 X) is who wrote it, and in order to ascertain who wrote it we must take into consideration all the facts and circumstances that have been established in this case. It is already in evidence, as you remember it, that Rerdell kept a route-book. You will also remember that Mr. Dorsey had books of his own; that he had a bookkeeper of his own, Mr. Kellogg; that Mr. Kellogg swears that he kept those books and that nobody else ever made a scratch of the pen in them; that he kept them up till the fall of 1879; they were then sent to New York; that Mr. Torrey took possession of those books on the 27th of January, 1880, and kept them continuously to the last of April, 1882, and that nobody else ever put a mark in them. That is the evidence. The evidence also is that there was in those books a complete mail account. The evidence is also that in those books kept by Mr. Kellogg were the charges and credits growing out of the purchase of John W. Dorsey's interest and Peck's interest in the mail routes.

Mr. Merrick. Pardon me; point me to that evidence.

Mr. Ingersoll. I will refer to it hereafter. I do not wonder, gentlemen, that they dislike this pencil memorandum.

Mr. Merrick. No, sir; I only want to keep you within correct limits.

Mr. Ingersoll. I understand that. I do not blame anybody for disliking that pencil memorandum.

Mr. Merrick. You can convict Rerdell as much as you like.

Mr. Ingersoll. When you come to show that he is guilty his countenance will light up with the transfiguration of joy. There will be no more delighted auditor than Mr. Rerdell when his crimes are painted blackest. It shows you the moral nature of the man.

Now, as I say, the evidence is that there was a route-book kept; that that route book contained all the information that Mr. Dorsey or any one else would want about the routes themselves; consequently, that there was no propriety in keeping any other set of books. Mr. Rerdell could keep books for himself, but not for S. W. Dorsey. Dorsey had a set of books, and had another book-keeper. Why should he have another set opened by Rerdell? Rerdell kept a route-book that gave him all the information that he could possibly desire.

Mr. Wilson. Rerdell did not handle the money.

Mr. Ingersoll. Of course not; there was no money at that time to handle; they had not got as far as the handle.

Now, there is another little point: Why should Dorsey voluntarily put himself in the power of Rerdell by saying, "I have paid money to Brady"? What was the necessity of it? What was the sense of it? Rerdell was his clerk. Why should he take pains to put himself, the employer, absolutely in the power of his clerk? Why should he take pains to make himself the slave of the man he was hiring by the month? Why did he wish not only to make Mr. Rerdell acquainted with his crime, but to put in the hands of Rerdell evidence written by himself? See, gentlemen, you have got to look at everything from a natural standpoint. Of what use was it to Mr. Dorsey to keep that account? Dorsey at that time had no partner. Dorsey at that time did not have to respond to anybody. Of what use was it to him to put down in a book, "I paid Brady eighteen thousand dollars"? Was he afraid Brady would forget it? Was he afraid he would forget it? Did he want his clerk to help him keep the secret, knowing that if the secret got wings it would render him infamous? Let us have some sense. The Government introduced it. They also introduced a witness to prove that it was in Dorsey's writing. Rerdell swore that it was. Their next witness, Boone, thought part of it might be and part might not be; it did not look right to him; he rather intimated that Mr. Rerdell wrote part of it. And right there the Government dropped. No expert was brought. There were plenty of experts right over here at the Bureau of Engraving and Printing, plenty of experts in Philadelphia and New York, plenty of judges of handwriting. Right up here in Congress were twenty or thirty Senators who sat for six years in the Senate with Stephen W. Dorsey, served on the same committees with him and had seen him write every day; clerks of those committees who had copied page after page of his writing. Not one of them was called. The Government, with its almost infinite power, with everything at its command, brought no expert. That was the most important piece of paper in their case. And yet they allowed their own witness to discredit it; their own witness swore, in fact, that Rerdell had manufactured the incriminating part of it. And yet they sent for no expert to swear to this writing. Don't you believe that they talked with somebody? Has not each one of you in his mind a reason why they did not bring the ones that they talked with? They left it right there without another word. Now, why? Simply because they could get no man to swear, except Rerdell, that this is in the handwriting of S. W. Dorsey. That is the reason.

You know that Rerdell "kept this as a voucher." What for? Was any money paid out on it? No. Was it a receipt for any money? No. But he "kept it as a voucher." You see he was in a difficulty. How did he come to keep it all this time? It would hardly do for him to say that he did not try to keep it, that it had just been in the waste-basket of forgetfulness, and had suddenly come to life by a conspiracy of chance and awkwardness. It would not do for him to say that he made it. So that he had to say that he kept it, and then he had to give a reason for keeping it. What was the reason? He said he "kept it for a voucher." I suppose you [addressing Mr. Greene., a juror] have kept books. Is that what you would call a voucher? Yet that is the reason the poor man had to give. I pitied the man when he got to the point. I am of such a nature that I cannot entirely, absolutely, and perfectly hate anybody, and when I see the worst man in trouble I do not enjoy it much; at least I am soon satisfied, and would like to see him out of it. Here he was swearing that he had this for a voucher.