At page 4540 Mr. Ker states that—Dorsey held thirty-three routes, and there was not one of them, I suppose, that was not expedited to the fullest extent.
What evidence is there of that? Is there any evidence that any route of Dorsey's was expedited not mentioned in this indictment?
Did not Mr. Ker know whether the routes had been expedited or not? Did not I offer in this court to prove what was done with every solitary route we had? I say to the gentleman that the other routes were not expedited. I say to the gentleman that only two other routes were, and we were not interested in them. And I say also that they know the record, and they knew the record when this statement was made; but they may have forgotten it. But is it fair, gentlemen, for a prosecuting officer to state to you that he supposed all the routes of Dorsey were expedited? One of those in the indictment was not expedited; and not a route outside of the indictment belonging to Dorsey, in which he had an interest, was expedited. So much for that statement.
At page 4546 you are told by Mr. Ker that—Nobody ever heard of expedition on a route before.
We proved what form of contracts had been in the PostOffice Department for twenty years, and proved that in every one of them there was a clause for expedition. So much for that evidence, gentlemen.
At page 4546 Mr. Ker tells us that J. W. Dorsey testified—That the routes were taken so low as to cut out other people, but that they knew they were to be expedited, and they knew they were to be increased.
J. W. Dorsey testified upon that subject, and his testimony will be found at page 4085:
Q. Did you have an arrangement by which you should bid an extremely small amount on the routes, with the further understanding that the service was to be increased and expedited?—A. No, sir; I never thought of such a thing.
And in his entire testimony in chief and cross, I believe there is not another question on that subject.
On page 4549, referring to the letter of John M. Peck, which was in fact written by Miner, Mr. Ker says: