But perhaps I have said enough about the speeches of Mr. Ker and Mr. Bliss. Of course, their business is to do what they can to convict. I do not know that I ought to take up much more time with them. I feel a good deal as that man did in Pennsylvania who was offered one-quarter of a field of wheat if he would harvest it. He went out and looked at it. "Well," he says, "I don't believe I will do it." The owner says, "Why?" "Well," he says, "there is a good deal of straw, and I don't think there is wheat enough to make a quarter."
So now, gentlemen, if the Court will permit, I would like to adjourn till to-morrow morning.
Now, gentlemen, the next witness to whose testimony I will invite your attention is Mr. Boone. Mr. Boone was relied upon by the Government to show that this conspiracy was born in the brain of Mr. Dorsey; that these other men were simply tools and instrumentalities directed by him; that he was the man who devised this scheme to defraud the Government, and that it was Dorsey who suggested the fraudulent subcontracts. They brought Mr. Boone upon the stand for that purpose, and I do not think it is improper for me to say that Mr. Boone was swearing under great pressure. It is disclosed by his own testimony that he had eleven hundred routes, and that he had been declared a failing contractor by the department; and it also appeared in evidence that he had been indicted some seven or eight times. Gentlemen, that man was swearing under great pressure. I told you once before that the hand of the Government had him clutched by the throat, and the Government relied upon his testimony to show how this conspiracy originated. Now I propose to call your attention to the evidence of Mr. Boone upon this subject.
On page 1352 Mr. Boone swears substantially that on his first meeting with Stephen W. Dorsey—that is, after they met at the house—he said to Dorsey that he (Boone) would be satisfied with a one-third interest. Now, the testimony of Boone is that Mr. Dorsey then and there agreed that he might have the one-third interest.
Mr. Dorsey says it is not that way; that he told him that when the others came they would probably give him that interest, or something to that effect.
Mr. Boone further swears that when J. W. Dorsey did come there was a contract—or articles of agreement you may call them—handed to him by J. R. Miner, purporting to be articles of partnership between John W. Dorsey and himself, and that he signed these articles; that that, I believe, was on the 15th of January, 1878, and that it was by virtue of that agreement that he had one-third. It was not by virtue of any talk he had with S. W. Dorsey that he got an interest, and you will see how perfectly that harmonizes with the statement of Stephen W. Dorsey.
Mr. Dorsey's statement is: "I cannot make the bargain with you, but when John W. Dorsey comes I think he will, or they will." It turned out that when John W. Dorsey did come in January he did enter into articles of partnership with A. E. Boone, and did give him the one-third interest. So the fact stands out that he got the one-third interest from John W. Dorsey and not from Stephen W. Dorsey. If the paper had been written and signed by Stephen W. Dorsey that would uphold the testimony of Boone. If Boone had said, "I made the bargain with Stephen W. Dorsey," and the articles of co-partnership were signed by him, I submit that that would have been a perfect corroboration of Boone. Stephen W. Dorsey swears that the bargain was made with John W. Dorsey, and you find that the agreement was signed by John W. Dorsey, and not by Stephen W. Dorsey. I submit, therefore, that that is a perfect corroboration of the testimony of Stephen W. Dorsey.
At page 1544 Mr. Boone says that, as a matter of fact, all contractors endeavored to keep what they were doing secret from all other contractors. Think of the talk we have heard about secrecy. If the bidders upon any of these routes did not want the whole world to know the amount they had bid, that secrecy was tortured into evidence of a criminal conspiracy. If John W. Dorsey did not want the world to know what he was doing, if Mr. Boone wanted to keep a secret, these gentlemen say it is because they were engaged in a conspiracy to defraud the Government, and crime loves the darkness. What does Mr. Boone say? As a matter of fact, that all contractors endeavored to keep what they were doing secret from all other contractors where they feared rivalry. Of course that is human nature.
Mr. Boone further says that he never knew of one contractor admitting even that he was going to bid. He always pretended, don't you see, that he was not going to bid. He wanted to throw the other contractors off their guard. He did not want them to imagine that he was figuring upon that same route, because if they thought he was, they might put in a much lower bid. He wanted them to feel secure, so that they would put in a good high bid, and then if he put in a tolerably low bid he would get the route. That is simply human nature.
Boone further says that always when a letting came on he had his bids in; that contractors keep their bids secret from rival contractors, not for the purpose of defrauding the Government, but for the purpose of taking care of their business. Now, gentlemen, when men make these proposals and keep their business secret—as it turns out that in these cases they were keeping their business secret—the fact that they are so doing is not evidence going to show that they are keeping that business secret because they have conspired. Have you not the right to draw the inference, and is it not the law that you must draw the inference, that they kept their business secret for the same reason that all honest men keep their business secret?