The first investigation was in 1878, and on account of that investigation the contractors for about a month and a half were left. Then there was another investigation in 1880.
Mr. Merrick. Is there any evidence that they were all reported to Congress?
Mr. Ingersoll. I think so; I think that is here in the record. I understand the evidence to be that it was all reported to Congress.
Mr. Merrick. The investigation of 1880 was general, and not as to these particular routes.
Mr. Ingersoll. In 1878 there was a special investigation growing out of these Clendenning bonds and out of the Peck bids, and out of the connection that they said Stephen W. Dorsey had with this business. That is what it grew out of. Now, in the light of that investigation, let us take it for granted for one moment that according to their statement the parties had conspired. If anything on earth would make them afraid about papers I think it would have been that investigation; and yet no effort was made to conceal one, not the slightest.
Then we will go another step. General Brady was Second Assistant Postmaster-General. All these papers were absolutely in his power. He could have called for them at any time. Every suspicious paper could have been destroyed or an unsuspicious one substituted for it.
Now, I want to know if it is conceivable that General Brady, under these charges, when the new administration came in, under the threat of the Government, would voluntarily leave those papers upon the files if they had been dishonest and he knew it?
Take another step. So far as we have learned from the prosecution I believe there is one paper claimed by them to have been lost. They do claim that there was a second affidavit on the Bismarck and Tongue River route. One is gone and one remains. Which remains? The affidavit for one hundred and fifty men and one hundred and fifty horses. It seems to me absolutely capable of demonstration that we did not take the one that is gone. Had we been going to take anything we would have taken the one for one hundred and fifty men and one hundred and fifty horses, and left the other. But the other, about which nobody ever did complain, was taken, and the one upon which they build their great argument of fraud upon that route was left. And then it turned out that General Brady only allowed forty per cent, of that affidavit.
Now, this prosecution was not begun in a moment. It was talked about for weeks and months, I might almost say for years. Talk, talk, talk in the papers everywhere. These men were not suddenly charged with this offence. They understood it; they knew it. I think I have been engaged in this suit, or suits growing out of this business, for two years. It was a matter of slow growth. Mr. Brady retired, I believe, some time in April, 1881, knowing at that time that these charges had been made and that the charges were being pressed. Mr. Dorsey knew it at the same time. All these defendants knew it. Now they say that at that time we were in conspiracy with Mr. Brady, and they say that at that time we were in conspiracy with Mr. Turner. We had the papers in our power.
Now, if Mr. Dorsey was wicked enough to conspire, if Mr. Brady was villainous enough to conspire, I ask you whether they would have left behind the evidence of their conspiracy? Why were the papers left? Because General Brady never dreamed that one of them was dishonest.