Mr. Bliss. Your Honor, with reference to that, I said, expressly referring to these two affidavits: It is not a question of proportion. The question is whether the mere existence of those double affidavits did not give Brady conclusive notice that the man who could make those affidavits was not a reliable man, because no matter what the time was to which it was to be increased, he stated the number necessary on the then schedule, as so and so in one affidavit and in the other he stated the number differently. I referred to it solely in that connection, as the language shows on the page referred to.
Mr. Ingersoll. For instance, a man writes, "You owe me five hundred dollars according to my books," and writes the next day, "I have made a mistake. You don't owe me anything." Mr. Bliss insists that the second letter would show that the man was not to be relied upon. That is his idea of honesty. If in the first letter he had written that I did not owe him anything, and in the second letter I did, that might be suspicious. But when in the first he writes that I owe him and in the second that I do not, there can be no suspicion as to his honesty. In the first affidavit this man stated so much, and in the second affidavit he put it one-third less. That simply shows the man was paying attention to it and wanted to make an honest offer. And yet everything in this case is poisoned with prejudice and suspicion.
Another point: Mr. Bliss, on page 4770, says that on the Pueblo and Rosita route the number of trips was seven and that there was no increase. Upon that statement he bases an argument of fraud. The argument is that there was no increase of trips. Now, on page 866, the order shows that in the first place there was one trip a week and there were six trips added. That makes seven. The original pay was three hundred and eighty-eight dollars. Six trips were added, and the value of the six trips, which gave two thousand three hundred and twenty-eight dollars of additional pay. Yet Mr. Bliss tells you that there was no increase of trips. As a matter of fact, six trips were added, and that was all that could be added.
Mr. Bliss. Were they added coincidently with the affidavit for expedition?
Mr. Ingersoll. You say they were not added; I say they were.
Mr. Bliss. No, sir; I said at the time of the expedition there was no increase of trips and the affidavit was based upon the seven trips.
Mr. Ingersoll. I say that at that time there was an increase.
Mr. Bliss. Your Honor, the point is this: I think I am right in saying that the increase of trips took place after the expedition. That is my recollection about it. I have not referred to the record. I think Colonel Ingersoll will find that is so.
Mr. Ingersoll. We will see whether you are right. At the time the affidavit was made there were just three trips, and afterward there were four trips added. Let us get it exactly right. I read from page 866:
Date, July 8, 1879. State, Colorado.