That S. W. Dorsey, at the request of his brother and brother-in-law, advanced the amount of money necessary to pay incidental expenses. That he gave his advice whenever it was asked. That he assisted the parties all that he conveniently could.
That the last bids or proposals were put in by these parties on the 2d of February, 1878. That the awards were made on the 15th day of March of the same year. That Miner, Peck, Dorsey, and Boone received about five times as many awards as they had anticipated. Thereupon another partnership was formed with the style of Miner, Peck & Co., and that the partners in this firm were John R. Miner, John M. Peck, and John W. Dorsey. That thereupon John W. Dorsey and John R. Miner went West for the purpose of subcontracting the routes. That John R. Miner on his return from the West met Stephen W. Dorsey at Saint Louis about the 16th of July, 1878. That Stephen W. Dorsey up to that time had advanced eight thousand or nine thousand dollars. That he then gave to Mr. Miner notes amounting to about eight thousand five hundred dollars to be by him discounted at the German-American National Bank of Washington. That Stephen W. Dorsey then told Miner that he would advance no more and would indorse no more. That Stephen W. Dorsey went from Saint Louis to New Mexico; that John R. Miner came to the city of Washington, arriving here about the 20th of July. That John R. Miner then found that service in eastern Oregon was not in operation, although it had been subcontracted; but he then applied to Thomas J. Brady for an extension of time. That Brady refused to give it. That Miner, Peck & Co. had not the money to stock the routes not then in operation, and that Stephen W. Dorsey had refused to advance further means. That John W. Dorsey was then in the West and that John M. Peck was then in New Mexico. That thereupon Mr. Miner applied to Harvey M. Vaile, and that Mr. Vaile went to Mr. Brady and asked whether an extension of time could be given, provided he undertook to put the service on those routes. That Brady then gave him until the 16th day of August, 1878. That thereupon Miner, under the authority of powers of attorney from John M. Peck and John W. Dorsey, agreed upon the terms on which H. M. Vaile should advance the money necessary to put the service in operation.
That the contract bears date the 16th day of August, 1878, and was duly executed by all the parties on the last of September or first of October of that year.
That the service was not in operation by the 16th of August, and that in August, Brady telegraphed to H. M. Vaile to know what routes he was going to put service on.
That thereupon Vaile replied that he would see that all the service of Miner, Peck, and Dorsey was put in operation. That through the assistance of Mr. Vaile the service was put in operation.
That before that time Stephen W. Dorsey had been secured by Miner, Peck, and John W. Dorsey executing PostOffice drafts upon the routes that had been awarded to them.
That on the 17th day of May, 1878, an act was passed by the Congress of the United States allowing subcontractors to place their subcontracts on file.
That after Vaile came in and agreed to furnish the money necessary to put the service in operation, John R. Miner having powers of attorney from Peck and John W. Dorsey, executed to H. M. Vaile subcontracts for the purpose of securing him for the money he had advanced.
That H. M. Vaile put these subcontracts on file, thus cutting out and rendering worthless as security the PostOffice drafts that had been given to S. W. Dorsey for the purpose of securing him.
That John W. Dorsey returned from the Bismarck and Tongue River route in November, 1878, and that he then offered to sell out his entire interest in the business to Vaile for ten thousand dollars, and left instructions authorizing his brother, S. W. Dorsey, to make such sale for such amount. That John W. Dorsey then returned to the Tongue River route.