And now, in order that we may be perfectly correct, and in order to show, too, how easy it is to be mistaken, Mr. Merrick just said upon that very subject of the books and papers, that while Mr. Dorsey was upon the stand, he asked leave to consult his counsel. If Mr. Merrick will read the testimony he will find that Mr. Dorsey made that remark when he was asked about the affidavit of June 20, 1881.
Mr. Merrick. You are right.
Mr. Ingersoll. That just shows how easy it is to make a mistake when it comes to a matter of recollection.
Mr. Merrick. I think it was upon a question of the insertion of the change in the character of the affidavit—its being addressed to the President; and when I asked him if he had not made that change he asked leave to consult his counsel. For the moment I thought it was upon the books. But the substance still remains, that, on the question of the books, I asked him on his cross-examination—and the counsel will state his recollection to be the same—about the stubs and the books, and called upon him to produce them, and the counsel replied, "We will not."
Mr. Ingersoll. I presume I did. I made that reply a good many times.
Mr. Merrick. Will the counsel be frank enough to state when that decision was made?
Mr. Ingersoll. Which decision?
Mr. Merrick. When he was on the stand on cross-examination.
Mr. Ingersoll. And I said we would not produce them?
Mr. Merrick. After the testimony in chief and Rerdell was gone.