Mr. Merrick. Is there any proof of that?
Mr. Ingersoll. I think there is. Mr. Moore swears as to the number of indictments against Boone. He was his friend. The jury have a right to infer what motive prompts a witness. Moore wished to swear enough, so that Mr. Boone would not be troubled. In my judgment, Mr. Boone, being under indictment, gave evidence in this case in order that the Government would take its clutch from his throat. He swore under pressure. That is the system, gentlemen, that is dangerous in any country. Whenever a Government advertises for witnesses; whenever a Government says to a guilty man, or to a man who is indicted, "All we ask of you is to help us convict somebody else;" whenever they advertise for a villain, they get him. That is the result of what they call the informer system—an infamous system. A court of justice, where justice is done between man and man, is the holiest place on earth. The informer system turns it into a den, into a cavern, into a dungeon, where crawl the slimy monsters of perjury and treachery. That is the informer system. It makes a court a den of wild beasts. What else does it do? Under its brood and hatch come spies; spies to watch witnesses, spies to watch counsel, spies to follow jurymen, so that a juror cannot leave his house without the shadow of the spy falling upon his door-step. That is not the proper attitude of a Government. The business of a Government is to protect its citizens, not to spread nets. The business of a Government is to throw its shield of power in front of the rights of every citizen. I hold in utter, infinite, and absolute contempt any Government that calls for informers and spies. Every trial should be in the free air. All the work should be done openly. These sinister motions in the dark, the crawling of these abnormal and slimy things, I abhor.
Now, to come back to Moore. Upon my word I think he was trying to help his friend. After Mr. Miner had offered him a quarter interest, then he came back to Washington. He arrived here, according to his evidence, about the 11th day of July, I think. He went immediately to see Stephen W. Dorsey. Recollect that. That was the time Dorsey settled with him without looking at his books. After he settled with him and gave him two hundred and fifty dollars he asked him to telegraph to see if the service had been put on The Dalles and Baker City route. He waited here until he received an answer, and after that he talked with Dorsey not only about that matter, but in that conversation Dorsey said, according to Moore, that it took a good deal of money to keep up their influence in the department. When I asked him when that conversation was, he said two or three days after the first conversation. According to the evidence in this case Stephen W. Dorsey left this city on the 12th of July. This man Moore arrived on the nth, and he says two or three days after his arrival Dorsey said it took money to keep up their influence here. When he swears that Dorsey told him that, Dorsey was in the city of Oberlin, Ohio. Recollect these things. Whoever tells stories of this character should have a most excellent memory.
Now, there is another thing. When did Miner get back? He got back by the 24th of July, because on the 24th of July he settled with Moore, and I believe then Moore went West again. Now, remember there was a contract made, as Moore swears. He has not got it. Nobody sees it. He says there was a contract made by which he had a fourth interest in something. He got back here I believe some time in November, and on the 20th of November he and Miner settled. I will now look on page 1430 for that settlement. I want you to see how everything was situated at that time.
I find on page 1430 that Mr. Miner settled for everybody with Mr. A. W. Moore. Remember the situation. Moore knew there was a conspiracy. All the service was on. You see, this was November 20, 1880. Vaile was in. They had a man who was close to Brady. Everything was running in magnificent style. Mr. Moore understood that there was a conspiracy. What more did he understand? That he had the claw of his avarice in the flesh of a United States Senator and in the flesh of a Second Assistant Postmaster-General. Hundreds of thousands of dollars were to be made. He came back here and settled up and sold out his interest for how much? Six hundred and eighty-two dollars. Do you believe that? Credulity would not believe it. Nobody believes it, that is if the rest of the story is true. Why did he settle with him for so little? He said Mr. Miner told him he hadn't a dollar. He did not reply to him, "When this conspiracy is completed you will have plenty. I can wait." No. Miner said he hadn't anything and so Moore settled for six hundred and eighty-two dollars. Then I asked him, "You had a contract with Dorsey, did you?" "Yes; verbally." "Did you ever say anything to Dorsey about it?" "No." "Did you ever claim anything from Dorsey?" "No." "Did you ever write to him?" "No." "Did you ever say anything to anybody that you had any claim against Dorsey?" "No." You saw Mr. Moore, gentlemen, here upon the stand. Do you think he is the kind of man who would let such a chance slip? It is for you to judge. In my judgment that is the eternal end of Moore's testimony. We can call him buried. We can put the sod over his grave. We can raise a stone to the memory of A. W. Moore. Let him rest in peace, or to use the initials only, let him R. I. P. That is the end of him. If the Government wishes to dig up the corpse hereafter let them dig.
Mr. Ker. I would like—
Mr. Ingersoll. [Interposing.] I don't want to hear from you.
The Court. You do not know what he is going to say.
Mr. Ingersoll. He may be intending to make a motion that the jury be instructed to find a verdict of not guilty.
Mr. Ker. As Mr. Merrick will have to answer, he simply wants to know the page.