"Q. You mean Rerdell's statement was after that?—A. Yes, sir.
"Q. Did you ever see that statement made by Senator Dorsey?—A. It was referred to the attorney-general.
"Q. Did you ever see it?—A. Certainly.
"Q. Do you know where it now is?—A. I do not."
I am not going to say a word about what was in that statement, but the Court will see that that has a direct bearing upon their action with regard to Rerdell's statement whether it was made before or after, which I will endeavor to show, and the only point that I wanted to make upon that statement now, was that the Government has not endeavored to prove that anything in that statement was inconsistent with the evidence in this case. I am not going to say what the statement was; simply that he made a statement, and it follows as naturally as night follows morning, and morning follows night, that if that statement had been incorrect it would have been brought forward. That is all.
The Court. For anything the Court knows it might have been a confession. We do not know anything about it.
Mr. Ingersoll. If it had been a confession it would have been here. That is the point I make. If there had been in that anything inconsistent with the testimony it would have been here.
The Court. Probably it would.
Mr. Ingersoll. Yes, sir; that is my point.
The Court. When a man is charged with crime no man has a right to say that because he did not deny it that is evidence of his guilt.