The Works of Robert G. Ingersoll, Complete Contents / Dresden Edition—Twelve Volumes

by Robert Green Ingersoll

The Court. But if afterwards they should attempt to contradict the secondary evidence the Court would not have allowed them to do it.

Mr. Ingersoll. It does not say so.

The Court. That is the law.

Mr. Ingersoll. Suppose, after the other side had proved the contents, there was an offer of the actual original papers. I can find plenty of authority that they must be received.

The Court. I have never seen such authority, but I have seen a great many to the contrary.

Mr. Ingersoll. I have never seen an authority to the contrary that was very well reasoned. But, then, I will not argue about that, for that is not a point in this case.

The Court. If you have the papers, and have received notice to produce them, you are bound to produce them. If you do not produce them secondary evidence is admissible to prove their contents. But after the secondary evidence has been received, the Court will not allow you then, after having first failed to produce the papers upon notice, to resort to the primary evidence which you ought to have produced upon the notice, for the purpose of contradicting the secondary evidence that was given.

Mr. Ingersoll. Now, let me give the Court a case in point: In this very case that we are now trying, Mr. Rerdell in his statement to MacVeagh said there was a check for seven thousand dollars; that the money was drawn upon that check; that he and Dorsey went together to the Post-Office Department and that Dorsey went into Brady's room; that that money was drawn by Dorsey. That was his statement to MacVeagh and James.

The Court. It was not his statement here.

Mr. Ingersoll. Yes, that was his statement here, as I will show hereafter. But let me state my point. He was coming upon the stand. The check, instead of being for seven thousand dollars, was for seven thousand five hundred dollars; instead of being drawn to the order of Dorsey or to bearer, it was drawn to the order of Rerdell himself; instead of being drawn at the bank by Dorsey, it was drawn by Rerdell in person and had his indorsement upon the back of it. We were asked to produce that. I preferred not to do it until I heard the testimony of Mr. Rerdell. Why? Because I wanted to put that little piece of dynamite under his testimony and see where the fragments went, and I did. That is my answer to that.