Mr. Ker, it seems, has an opinion of this same witness, I believe. He says, on page 4511:
He says he started out and went to work, as these records show, and made the subcontracts according to his instructions, and got up the petitions according to his instructions.
He swears he did not get up a petition at all, not one; he swears that he had not time. And yet these gentlemen say that he got up petitions according to his instructions, and he swears he did not. He swears he told Major to, and that Major signified his willingness to do it. Major swears that that is a falsehood. He swears the same with reference to McBean, and McBean swears that it is a falsehood. Now Mr. Ker goes on:
He fixed them up and changed the language a little in some, and in some he did not take the trouble to change, but he fixed them all so that there was a space between the writing and the names, so that they could be cut off and pasted on other papers.
He expressly denies that he ever fixed a petition in the world.
Mr. Ker. What page?
Mr. Ingersoll. You ask the page! Talk to the jury seven days! I say that this man never fixed up a petition, and he never says that he fixed up a petition. Where is the page on which he says it? He was willing to do it, but he had not the time. I will show you that language. There is what they say about this man. Then he says he got a note from Miner, and went to Denver and met Miner. That is right. Then Miner offered him a quarter interest in the routes in this vast conspiracy.
Let us find what Moore thinks of himself. We find that on page 1398. He is a good man, worthy of this case, according to the eternal fitness of things. I come to this quicker than I thought I would. It is page 1396:
Q. Did you get up any?—A. No, sir; I didn't have the time.
There it is. Now, of course, Mr. Ker forgot. I call your attention to this to show how little weight such evidence is entitled to in reference to a conversation five years ago, when Mr. Ker could not remember this with the book before him.