Mr. Merrick. Is there any evidence of that letter in this trial? If not I object to any reference to it.
The Court, You cannot refer to that, because it is not in the case.
Mr. Ingersoll. I take it back. Was Dickson indicted to bias public opinion?
Mr. Merrick. I object to that also. He was indicted by the grand jury on competent testimony.
The Court. There is no evidence in this case that he was indicted.
Mr. Ingersoll. I will take it back then. I would ask the Court, however, after the attorney for the Government has said that Dorsey wrote that letter to bias public opinion, if I have not the right to say that he wrote that letter because letters had been written by others.
Mr. Merrick. Not unless those letters are in proof.
The Court. The fact that he wrote the letter is in evidence in the case. That of course makes it the proper subject of comment on either side. Anything else not in evidence is not a subject of controversy.
Mr. Ingersoll. I will take it for granted, however, that the jury understand what is going on in this case.
Mr. Merrick. Yes, they understand the evidence.