Now, I say if it is possible that a man can cry down his own wares that he wishes to sell, then you may say that the statement of Rehm is natural.

Now, gentlemen, why should he inform Burrows that Munn was about to make a visit here? In order that Burrows might have an opportunity to have his house put in order. Why should he have sent notices to other distillers that Munn was coming? Why should he tell them to put their houses in order? So as to be ready for a visit from Mr. Munn. It may be that the counsel for the Government will say, "This shows the infinite fidelity of this infinite rascal."

Now, I will come to this part of my argument again, but the next thing I will speak of is his story, where he says that he actually paid the money to Munn himself, and if there is anything left of that after I get through with it you are at perfect liberty to find the defendant guilty. You must recollect that he had a bargain. Now, according to his story, he paid this money to Bridges. You must recollect, according to his story, that Munn at that time was one of the conspirators, had been receiving money—a half of thirty-five thousand dollars or forty-five thousand dollars having gone into his pocket. Recollect that. He goes over one day to the rectifying-house of Roelle & Junker, and there are some barrels found, the stamps of which had not been scratched. Mr. Munn was assured by Roelle that there was no fraud. Roelle still swears that there was no fraud. He was afterward assured by Junker that there was no fraud. Junker still swears that there was no fraud.

Now, what does Rehm come in to swear? Rehm says that Bridges came to him and told him that Munn was going to make trouble—going to make trouble about these barrels that had the stamps on that were not scratched off. Why did not Rehm say to him, "How is he going to make a fuss? He has got twenty thousand dollars of money already. He is in the conspiracy. He is a nice man to make a fuss! What is he going to make a fuss about?" Would it not have been just as likely that Bridges should have made a fuss as that Munn should have made it? Bridges, according to the testimony of your immaculate witness, was in this no more than Munn—not one particle. And why was Munn going to make trouble? Mr. Rehm has endeavored to answer that question. Mr. Rehm then goes to Munn, sent there by Bridges—it would be very hard to find out why he did not give the money to Bridges,—but he went to Munn and says: "You are going to make some trouble about what you found at Roelle & Junker's?" "Yes."

"Why?"

"Because," he says, "the men at work there—the persons employed there—will make a fuss about it, but they will see it and say that it is overlooked."

Now, that is the reason that Rehm puts in the mouth of the defendant. Afterward he goes himself to Junker and advises him to give him five hundred dollars, and Junker proposes one thousand dollars, and gives him one thousand dollars, and then he sends for Munn and he comes to his office, and he hands him one thousand dollars.

Now, gentlemen, the reason Munn gave was that the men there would notice it and make a disturbance about it.

Well, then, why not pay the men? What is the use of paying Munn? If this was done to prevent the men working at the rectifying-house from making trouble, why not pay the men? Why not pay the men who were going to make the trouble? Why give an extra thousand dollars to a conspirator to whom you had already given twenty thousand dollars, and who, at that time, according to the testimony of Rehm, was officially rotten? Why not give the money to men who were going to make the trouble? And the next question is this—and if you will recollect the testimony of Roelle, he swears that when the defendant came to the rectifying-house, he (Roelle) was alone. He swears that he was alone. He swears that all the rest had gone to dinner, and according to Roelle's testimony there was nobody there but himself. Where were the men that were going to make this disturbance? Where were the men that were going to notice this oversight? Where were the men that were going to stir up difficulties at Washington or any other place? According to the testimony of Roelle those people were at dinner, and where, gentlemen, is the philosophy of that lie which they have told? Where is it? Why should he have paid Munn money? Why didn't he pay it to Bridges? If it was for the purpose of stopping the men from making trouble, why not pay it to the men they wished to stop? I ask the gentlemen to answer that question. I ask the gentlemen to tell us what men were in danger of making this trouble? Was it the gauger who received six hundred dollars a month for being a liar and a thief? Was it the book-keeper who, every report that he made, swore to a lie? Was there any danger of these liars and of these thieves making a fuss on their own account? Was there any danger of that gauger stopping his own pay? Was there any danger of that book-keeper trying to throw himself out of employment? Was there any danger of any thief or of any conspirator saying anything calculated to bring this rascality to the surface? If a bribed gauger would not tell it; if a bribed book-keeper would not tell it, I ask the Attorney-General for the Government, would Munn tell it, who had received, according to your evidence, over twenty thousand dollars of fraudulent money? Was there any danger of Munn turning state's evidence against himself? Was there not just as much danger of Bridges making a fuss as Munn? Was there not, according to their testimony, the same danger of Rehm himself going to Washington as there would be of a bribed gauger, and of a lying book-keeper? Gentlemen, your story won't hang together. There is no philosophy in it, and it will not fit anything except another lie made on purpose to fit it; and it has got to be made by a better mechanic than Jacob Rehm.

Now, then, gentlemen, what more? The district attorney told you, and I was astonished when he told it—I was astonished—he said that the testimony of Jacob Rehm was not impeached; that, on the contrary, it was sustained by these other witnesses. Had he made such a statement under oath I am afraid an indictment for perjury would lie. He said that the testimony had been sustained rather than impeached. How sustained?