That the pencil memorandum was forged by himself.
That the Chico letter was written by him.
And that the letter from Dorsey to Bosler, said to have been dated May 13, 1879, was born of the imagination of Mr. Rerdell.
That Rerdell's letter to Bosler of the 22d of May, 1880, was never sent, was never received, and was never written until after this man made up his mind to become a witness for the Government. That Bosler never received that letter, or the letter pretended to have been written by Dorsey on the 13th of May, 1879.
That the tabular statement in which thirty-three and one-third per cent, was allowed to Brady never existed. That Rerdell did not visit Dorsey's office in New York in June, 1881, and that he had no conversation with Torrey. That Rerdell was not there. That he did not have the conversation detailed by him with Dorsey at the Albermarle Hotel. That Dorsey did not write the letter of the 13th of June, 1881.
That Rerdell swore in June, 1881, that Dorsey was entirely innocent. That he swore to three affidavits of the same kind. That he again swore to the same thing on the 13th of July, 1882. That he admitted by his letter of July 5, 1882, that S. W. Dorsey did not even ask him to make the affidavit of June, 1881, but that he was persuaded to do it by James W. Bosler. That he was not locked up at Willard's Hotel. That he was not threatened with a prosecution for perjury. That he was not shown the letters he had written to a woman. That the whole story with regard to the making of that affidavit was utterly and unqualifiedly false. That he never had the conversation with Thomas J. Brady that he claimed. That Brady never suggested to to him to have any books copied. That there were no books of Dorsey's that needed to be copied. That he did not see S. W. Dorsey draw any money at Middleton's bank at the time he states. That he, Rerdell, drew the money himself. And that his entire testimony is absurd, contradictory, and utterly unworthy of credit.
Let me say another thing to you, gentlemen, right here. It would be better a thousand times that all the defendants tried in the next hundred years should escape punishment than that one man should be convicted upon the evidence of a man like this—a man who offered to the Government to make a bargain while the trial was in progress, that he would challenge from the jury all the friends of the defendants, and help the Government to get the enemies of the defendants upon the jury. You never can afford to take the evidence of such a man. It turns a court-house into a den of wild beasts. You cannot do it.
I have shown that the story of Walsh is improbable, and that all that Boone swears against these defendants cannot be believed. That Walsh never loaned the money to Brady that he claimed, and that Brady never took from him the notes as he says. That Brady never made in his presence the admissions that he swears to. Think of it; Brady robbing Walsh, and at the same time saying to Walsh, "I am a thief and public robber."
I have shown to you, gentlemen, it seems to me, that no reasonable human being, taking all this evidence into consideration, can base upon it a verdict of guilty. It cannot be done.
Now, gentlemen, the responsibility is upon you, and what is that responsibility? You are to decide a question involving all that these defendants are. You are to decide a question involving all that these defendants hope to be. Their fate is in your hands. Everything they love, everything they hold dear, is in your power. With this fearful responsibility upon you, you have no right to listen to the whispers of suspicion. You have no right to be guided or influenced by prejudice. You have no right to act from fear. You must act with absolute and perfect honesty. You must beware of prejudice. You must beware of taking anything into consideration except the sworn testimony in this case. You must not be controlled by the last word instead of by the last argument! You must not be controlled by the last epithet instead of by the last fact. You must give to every argument, whether made by defendant or prosecution, its full and honest weight. You must put the evidence in the scales of your judgment, and your manhood must stand at the scales, and then you must have the courage to tell which side goes down and which side rises.