Let us find what Moore thinks of himself. We find that on page 1398. He is a good man, worthy of this case, according to the eternal fitness of things. I come to this quicker than I thought I would. It is page 1396:
Q. Did you get up any?—A. No, sir; I didn't have the time.
There it is. Now, of course, Mr. Ker forgot. I call your attention to this to show how little weight such evidence is entitled to in reference to a conversation five years ago, when Mr. Ker could not remember this with the book before him.
Mr. Ker. I asked you for the page on which Mr. McBean's testimony appears.
Mr. Ingersoll. Mr. Moore is the witness. Mr. Moore swears that he never got up such a petition. Mr. Ker says he did. He and Mr. Ker will have to settle their own difficulty.
On last Friday, in reply, I think, to a question of Mr. Ker, I stated that I thought McBean swore that Mr. Moore did not make any arrangement with him to get up false petitions. In that I was mistaken. Mr. Moore swore that he made an arrangement with McBean to get up petitions. He did not quite swear that McBean agreed to get up false and fraudulent petitions. He just came to the edge of it and did not quite swear to it. Afterwards McBean was recalled by the Government and the Government did not ask McBean whether he had ever agreed to get up any petitions or whether he had ever made any such arrangement with Moore. They did not ask him and we did not ask him. I do not know why they did not ask him. They probably know.
I also stated that Moore swore that he got his instructions about these petitions from Dorsey. The evidence is that he got his instructions not from Dorsey but from Miner; that Miner so instructed him, and that thereupon he made the bargain to get up such petitions with a man by the name of Major on the Redding and Alturas route. I make this correction because I do not want you or any one else to think that I wish any misstatement made in our favor. We do not need it and consequently there is no need of making it. You will remember that after Moore swore that he made a bargain with Major to get up false petitions, Major swore that it was untrue. You will also remember that Judge Carpenter called for the petitions that were gotten up upon the routes that Moore had something to do with, and I think he showed you on one route eleven or twelve petitions. Mr. Major swears that every petition was honest, that the statements in each petition were true, and that the signatures were genuine. All those petitions were shown to you. So that the result of the Moore testimony is this: Moore swears that Miner told him to get up such petitions. He then swears that he made that bargain with Major. Major says it is not true. Moore almost swears that he made the same bargain with McBean. McBean says nothing on the subject. Then we bring here the petitions upon those very routes, and especially upon the Redding and Alturas route, and we find no such petitions as are described by Moore. That is enough in regard to Mr. Moore upon that one point.
There is one little piece of testimony to which I failed to call your attention on Friday, and to which I will call your attention now. Moore was the friend of Boone. Boone recommended him to Miner. It was through Boone that Moore was employed. Now, I ask you if it is not wonderful that Moore never told Boone that there was a conspiracy on foot? Is it not wonderful that Moore did not tell Boone, his friend, the man to whom he was indebted for the employment, "There is a conspiracy in this case. Senator Dorsey as good as told me so. I know all about it."
The fact is he never said one word, and the reason we know it, is that Boone swears that when he went out on the 7th or 8th of August he never even suspected it. I cannot, it seems to me, make this point too plain. Boone had been known by Dorsey for a long time. They were very good friends. Dorsey had enough confidence in him to select him as the man to get the necessary information after he had been requested so to do in the letter. Boone was the man who attended to this business more than anybody else. Boone was interested with John W. Dorsey. Boone had every reason to find out exactly what was happening. He was at Dorsey's house, where Miner was. He talked with Miner day after day. He helped get up the bids. He did a great deal of mechanical work. He had the subcontracts printed. Yet during all that time Dorsey never let fall a chance expression that gave Boone even the dimmest dawn of a hint that there was a conspiracy. Nobody told Boone. Moore, his friend, never spoke of it.
Now, there is one other point with regard to Mr. Moore. Mr. Moore swears, on page 1371, that Miner offered him a fourth interest in these routes. That was the conversation in which he said Mr. Miner told him they were good affidavit men. According to Moore's testimony he then knew there was a conspiracy, and he understood that he was part and parcel of it. Let me ask you right here, is it probable that Moore would have been offered a quarter interest at that time if a conspiracy existed, and if they had their plans laid to make hundreds of thousands of dollars, and if the profits had depended upon the affidavits alone? I ask you, as sensible, reasonable men, if he would have been offered a quarter interest under those circumstances? Now conies in what I believe to be the falsehood. Mr. Moore says that the interest was offered to him by Miner, but Miner said it would have to be ratified by Stephen W. Dorsey. That is brought in for the purpose of having some evidence against Dorsey. You must recollect, gentlemen, that this evidence was all purchased. This evidence was all bargained for in the open shamble. You must recollect that there are upon the records of this court some seven or ten indictments against A. E. Boone. You must remember that Moore was Boone's friend. You must remember that Moore was a part of the consideration that Boone was giving to the Government for immunity.