Chicago Daily Tribune Newspaper, February 4, 1879, Page 9

Page views left: 0

You have reached the hourly page view limit. Unlock higher limit to our entire archive!

Subscribers enjoy higher page view limit, downloads, and exclusive features.

Text content (automatically generated)

CHICAGO TRIBUNE Judge (Blodg was occupled. , clared” would embrace all dividends declore tn cnses which had been in his hands perhaps for tour or five years; beeauso no dividend was made untll abo(t thres or four months after the case waa referred, and the averawe time before reaching s dividend was about six months, mind the “amount of dividends de- clared therein? wonld emhrace but a small proportion of all dividends declared in the case UDGE BLODGETT. ¢ Hibbard Called by the Defense. J ‘Registe tiesa of the Cirenit Court. and how much of his thie Judga Drummond testifled (hat the labors mposed upon him (Bludiz&4) were very treat, he having to do all the business of the District Uourt, the bankrupt, admirality, nnd other buai- ness, anit the much greater part of all the busl-, Witneas thought it waa a fact that Judge Blodgett had dope us —_— of the current year. ‘The Judge concurred with o him, ntd gave Mim an_opinion that he was re- | mnch labor within the lagt three or four yeara— When and How the Tidge Oons | qulest o ajersontviiends whiey hul ot ulissel At s mil Subincptras s g : i kL ® | Judge tn the United States. 8 executive abll- strucd the Law far current vear ol 167405 He aeked the JUARS | iy was of the highest urder; very fow men lul Him. aversge rate of dividends declared thereln,'— | & superior faculty for dispatehing business. A whether he should ndd all the labilitien of all the 160 cases referresd to him during ihe previous year, 18574-'5, und thep ree what the dividendaoctuslly declared would he percentimn upon sil these Habilities. Only one vase in ten made any divideml at all, and, nfter a reasann- blc consideration, the dudge Instructed him that cesent Which He Gave the By Judge, and Why He law.? Did So. =4 that, question meant that he should state the average dividend declared fn cases in which divi- g dends were dectare, taking no account of the o pasets™ cases. e remarked to the Judge that 1t would be well enlenlated to tmislead the Attorney-Ueneral, or Congress, beeause (hers wpuld be a great (llnryulmrllnn between the amount of sss=ta and the amount, of divldends, for the rel that the dividends bad not yet. been declared, but would be in future years; but the Judgo Instructed him that he wad to repore onty the dividends whica bad been declared fo the cascs which wero commenced durlog that current year, and that his answer to_that ques- tion shonld he the average rate of dividends In the coses fn which dividends wero declared, The next provision of the statute was, * Fourth, - the disposition of sll such cases.” ~The ques- tion, as framed by the Justices of the Supremo Court, was, ** Number of cuses n which dis- charge granted.” ‘The word * therein ™ was not i thnt question; and the question present- ed to Judge Blodgett, and_conshicred by him- sclf, was whether he should report all the dis- charges granted during the year, whether the cases were commenced within “the year or noly or whetlhier his_ fuformation should be confiued 1o the cases referred to iin during that current year. Thelr conclusion was that the answer shiould be conllned Lo the cases referred to hiu during the current year. Continulng, Mr.” Hibbard sald the next pro- vision of the statute wns **the number of cutn- ulsory cases i bankruptey combiug before hin rn the same way.” The Justices of the Supreme Court, in framing the question under Ihat clause, asked * the number of compulsory cases reterred.” 'Then Uie questions followed as in Drummond's Opinion of His Associate—-His Faults of Temper 1he Coutt, was, ns 8 [udge His Admirable Qualifications for Disposing of Bus- inesa. not customary, save in The Consideration of the Germania Charge Resumed. sircd instruction. 1s concerned.” Tastimony of Florsheim and Weth= erell About Hesing's Pay= ment to Them. Judie, was In the habit o rarely the case that the U a8 to the law " 4 Yesl sir! s (en. Leake Tells What Becams of the Order for the Bale He Iarge amount of business was done {n chambers. 4 8tate what has been the manner and practice ahout giving Instructiona tonching nn examina- tlon before 8 Grand Jury, either to the District Altorney or to the trand Jury, on questfons of # As to that, I would stato ta the Comnitice fhat all the erimiml bisinesn i this district, or nearly all, except & few cases wilch have been tranaferred from he District to the Clrenit Court, has been done tn the Distrlet Court, nud tice, when I was Jidze of the District reneral rale, o grive Instruc- tions to the Grand Jury, when they were aworn, 82 to the mode fu which they were to transact thelr business,—what the law require a8 to uny offenses that mizht coine hefore 1 eftlier by the direction of the District Mtorney or of thefe own knowledge; nnd, after these inatructions were thus generolly ulven, it was uxceptional cases, for themto come duto court for fustructions. Tt was my habit to say to the Grand Jury that the Distelct Attorney was the law offleer of the Court, nnd he would give them any fuformation wpon questions of low, and that they could ap- ply also to the Court at any tine whien they de- Ang I think thut Tus been the practice cver sluce as fur us Judite Blodgett of them iem, @ Do 1 understand you to say that the Grand Jury or Gramd Jurors apolied to the Court through the Diatrlet Attorneyi™ wThe District Attoruey, when T was District ¢ comifng to tine during the sesston of 1he Grand Jury for information us to uny question of anel Jury luaclf came into court for Instructions. They enerally were given through the District Attornev.” jig was in the habit of consulting the Judge e ut uny law. ILwas L thiat the geoeral practice in the Fed- i R voluotary cases, all of which witness answered | eral Courts wilhin vour clreutt” rew Up. aecordluy to the fnterpretation of the law us | I think it Is, 80 far as I luve knowledge, It given him by Judae Blodgeett. The statute re in found to be o very couveaient practiee, The quired, ninthiy, “the total smount of fees, undeur( are always told that the; HIBBARD CASE, charges, costs, and emoluments of every sori | upon the Court at suy tinie for anv fnstruction — recehed or earned by the Register during the | upon questions of law that they miehit deslre,” year {n cach class of cases abova atated.™ The R LAPI M. JUTGE A Tjuestions asked wero the total fees, ete, in The result of the ticket admission scheme was cases of _voluntary ami then of lnvoluy- lat the Blodvett Investigation yesterday morn- | yor " pankruptey, When iwituess _came jsg opened to an asserably comprisiog about @ | 1o these questions L msked Judee | Court] dozcn persons, the majority of the ticket-hold- | Blodgett whether he should con- fine his answer to the amount of fees, costs, | fu this district ave v etc., recelyed or earned in the forezuing cases,— voluntary i involuntary cascs referred. Judirs Blodgett read carcfully the ninth provision of the statute, und, after considering it, expressed his opinion to witneus that * each class of cascs above stated " meant the yoluntary and invol- uniary cases referred during 1he last vear, ns thers had been nothing suid about such cases referred during provious years. 8o tha withees anstwvered the question according Lo this juter- pretation of thy Juw, und the snount of fees, costs, ete., received or earned in cases of voluu- tary baukruptey was the amount of fees In voluntary cases referred during the nrevious year. In the second fnterview, i 1870, butween Judgo Blodgett, Register Johuson, of Peoris, und blmself, the same questions wers gone over again by Judge Blodgett, Johnsan, und hlmaell, and the same concluslous reachied und the same inetructions given. \Witneas also stuted to Judge Blodgett that the statute and the rules required that, wlicn cases \were commenced In bankruptey, & deposit of 850 should be inado to the clerk for the securlty ot thu fees to be carn- ed by the Reglster, and " the question was ralsed whether fu answering these questions hic should fucluda such fees as had beenearned, or whethier he "weiiols deposit. Bhould bo included, und the ers apparently hanging back until ft suited their pleasure and ‘convenlence to present themselves aud become Interested and privileged spectators of the proccedings, much after the manner of e lucky fellows with reserved seata: for the opern. As has been previously stated, each sl wislimited to the dlstribution of twenty-five tickets amopg Its friends, so that, cven when they were sll in, there was an agreeable absence of that crowding, Jammlug, puiling, tuggiog, and hauting uf the audience which marred the com- fort and order of the sessions last weok, Promi- nent among the early arrivals was E. B, Me- Cagg. It wae his first appearance since the fn- vestigation began, und he modestly took s scat towand the rear of the room, near James W. Norto, E. C. Swift, L L. Bond, I N. Stiles, and Matk Kimball, Judge Drummond and Mr. Bradley were also among the early comers, and 100k thelr places near the table reserved for the ue of Juidge Blodgett and counsel. The Chairman sald that Judge Lapham had been catled nway, nnd had addressed to him the follonlugz note, which he submlitted to counsel New York." wave them1" findlngz an indictment which I deem (b my " i concluston reached was thnt ouly such o bibidn ind sk them to gt et | S20EUNGR LG, o L e . R e answer s had been earncd, | uoys, his Paveen Hovse, Feb, 1.—The Ion. oJ. Proctor | gn theremark was made that if, on the 1st of Knofi=3tx Drai Site: 3 the conusel for Judge | jyjy 1875, whoen witncss mude his report, he | Beneh!” e ‘;‘,’,"dé-"',‘h',‘,‘::?,fi','\:x st concur, 1t woems to | Lyoniy “vatate s olfie from uny rcuson, lie me Jounelf cau properly concinde the Investization from which Iam com- velled by painfal necessity to witharaw, It will aave expeuse and dolay, aa othorwise it _wonld bo peceasary tocall auother mamber of the Committen from Washington. Kither courso will bu accepta- ble to me, snd 1 leave It for yourself and the par- Alea ta determine atier consultation, Very teuly, E. G, Laruax. Mr, Trumbull sald that, while they regretted the sbsence of Judge Lapharm, and the patnful erent that hiad called him away, the counsel for Judge Blodgett were entirely content that the remiaining tmembers of the Committee should proceed with the fnvestigation. Mr. Sheldon, on behalf of the memorialists, ated that this arrangemont would Le equally eablo to them. Mr. Kolckerbocker stated that Mr. E. Q. Stiles and Mr, Earle, who had both been subpauaod, were absent; and Lho memorialists would theres fore announce thelr case closea on the matter of the perfury fudictnent. Tue Chairman asked whether counsel for the respondent proposed to introduce any testimony on that matter gt this time, Mr. Goudy—Yes, sir, would bo obliged to hand vver to iils successor fu ofliee the deposits which had beeu made, Judge Blodizett eoncurred 1n this, that witness showlid account for only such fees us had been earned by dolng the worle or performing the dutles for which the fees were allowed, y asked Mr, 1lihbard §f Wis reporte for_the years cuding Juno 80, 1875, 1670, und 1877 werd true according to the Interpretution given the rules mud the statute by Judee Blod- gott, Mr. Hibbard replied that they swere, accord- Ine to the best of his knowledge when he made his afidavit, und according to the best of his kuowledie us bo was now informed. My, Goudy then asked Mr. Hibbazd if he had had a conversation with Mr. Bradley regarding the ainendment of the statute und the rutes, Mr. Hibbard replied thut ho had not,—that {s, not particularly in regard to the mesning of the rules und the statute, e had never had any couversation with Mr. Bradiey on the subject until after his firat report was made, when ho went to him to bo sworn us to the truth of bhis statement, July 81,1875 Mr. Bradley examined the report, und witness told hiim thy theory on which it wus made,—that only such fecs wero cmbraced therein s had been earned or received {n cases commenced duting the cur- rent year. Mr. Bradley usked, **Aro you gulte correct nbout thatl™ Do you think that's right1" and witucss told htin he hiad iven it o wood deal of thought, und brd consulted with Judge Bloggett, und_that he concurred with Dim In that view. * Well,? sald Mr. Dradley, i thiat Is very wall, then,” Thon witness asked him how ho should determing the amount of fees earned in casea not then epded, Mr. Bradley remurked that in bls oflica he did not regard fees earned until the case was ended; question{” *Not at ul it l\’l the Committee t| Mr. Perbaps it is noth tu Jadge Blodyett, Smites. | gett 1t 's by counsel, ing of business, o testy at thues I, N. HIBBARD. Mr. Tomer N, Hibbard, Register in Bank- ruptey, was the first witness called for the de- fewse. Inanswer to Mr, Goudy, ho stated that lie was appointed as Register by Judge Drum- nvumd, on the nomioation of Chief-Justice Chase, ou the 10th day of January, 1870, Judge Dmrr.lmund was at thut timo District Judge of the Northern District of Illinofs, That was be- the aim ° of " Judge but 1 am not tried os lie bs. thero fs 8 Judge In the United States whose tamper is mort serioualy trl I have 1 ¢ was 1ot sumetimes & ittle more sweel ness and nm!ublm{ about the Judee in dispos 'hero 13 no doubt he fa o dit- but lam bound to add—I thiuk I'can sav. perhaps, having better opportu- nitles of judging_than any oiher mon—that Blodeett s try s case amd declde it upou its nierits. In the namerous consultutions we have had tuj 1 have never secn uny indications whatever of o lonniug szainst whut sceied to hiw to bo the merits of thie case, the justice or equity of the case; and 1 ought also Lo say thut no Judie was uyer more willing to sceept “counsel and advive from u colleazue than he has been to avcopt It from me. And 1 doubt very much whetlier the 4 Jan't it a fact that that practicy grew uw on account of the convenlence and fucllity of trane- nctiog current business—iafning the time that would be lost it the jury were brought luto “Yes, The labors thrown upon the Judzes great,—yreater than any district in the Unlted Ntates, not even excepting On cross-examination by Col. Cooner, witness atated that be bud been upon the Beneli of the United States Conrt, for twenty-nine “In that twenty-nino years, was there ever suy occasfon for any Grand Jury In your Court, after you had sent for them or had sent them instriictions, to try to take the bit in their own mouth, and violate the fostructions that you ra. “ T never knew of an fnstance of the kind. There was always a very good understanding be- tween me und the Graied Jury thnt wae hefore me. I never had any diftieulty of that kind.” % You never had an instance where o Grand Jury gave out that uwfi had been thwarted in y the Judgel” ¥+ I never knew of such an lnstauce. over was, I never hieard of it." Col. Cooper—Or aniybody else in this State. “You huve been nsked avout Judee Blodgett's efficiency as_a Judgze, utd a8 to his executive abllity, wbich makes it necessary to nsk you question which I dislike to very much, but duty to do, A is your opinlon of Judgy Blodwett’s tone 28 8 Judjre,—hls tdeas of the Judicial position,—1 do not mcun a8 ta his legal or exceutive ability, It there What but outside of that,—hls treatment of attor- tisanship In cases, or betng fair- minded,—the gencral tone that lie brings to the ‘Do the Committee desire me to answer that ] donot, ?ren 1t it 1t §s paintul to you.” . 1am rcrfcull_\' willing to auswer bluk itis proper.” Kuott (after consulting his colleague)— Wu leave it entirely to *’nuu:l!, Judge. 5 ur but right,” sald the witness, *'ss the question bas been put, that [ anawer it, It lsnothing but an act of justica Judee lnmlt:eu. Judge, perbaps, lacks In o verv—he hus not in o very eminent degree the quality of a patience which an old English Judgo sald was thie firat, second, und third quality of o Judge. Jls temper {8 sotnetimes o little hasty, nid he not unfrequently cuts off the re- marks of counsel, T bave no doubt in o way somethnes to touch their feciings o Mitle, 1 thiuk, perhaps, in this respect, 1 may claim that 1 myself have n little more paticncs than he a8 u 1 dow't think d than Judge Blod- ted mysclf that o ethier, fire Judge Blodgett occupled & seut on the | that, whou he made his reqort to Wahingtan, | dechdons ofg any dudge, when examined, Bench, 71 > 2 Tuine count the cases | Will stund the werutiny better then thoso s T oradacesor follcsof witawes was | Beviabraced in s sopuncntaccount et | G ey wloagels 'L ahoula b wiling Lincoln Clark, ‘There was guestion presented ta Juage Blodgets tn regard to the construction of the niueteenth scction of the amendment to the Bankruot act of 1874, touching the report Tequired 10 bo made by the Roglsters in Baok- fubtey to the Attoruey-General of their fees wd cmolunents; and Judge Biodgett gave s view of the meuning of the law, and the dutles of the Registers under it, In July, 1635, und sgain wore thoroughly con- and then he put all the feea in a8 baving been earned In that year, and not in the years befora, when some of the work was done. “Witness told him b hardly thoufim thut would answer for him (the witticss); that the correct way was to go_through the docket, ses what cases wero Ehded, whot fee-bills had been made up, zet the full amnount thereof, aud then go through the docket and sce what smount of fees hal been earned upon an average, for it would bu fpos- sible to tell in the middlo of & casy how much to fully snswer— o the Bench. ¢ earncd and how much had deredtn July, 1870, sinco which time_bo bad o e arned with more tie Ter bad nuy conversation with Judge Blodgett { than the length of - an ordluary month allowed hiin,” tlo also told Mr. Bradloy he hud carofully gone through the docket to seo what proportion of fecs hud heen carned und had coma to the conclusion that u certal hiad been earned 1 each case UPON UM UVER uuid he took 1o remnaiuing cases, inwhich dey ox {ts had been made, und multiptied them by that sum, and added to it the amount of fees which was shown to have been cariied i cases actually ended. Included o this was su_esthuato of the monoy received or carned for wiscellaneous services i the oftlee of which he kept o record rvicea as adininistering an to an_ Assigueg or taking proof debt. These Jatter sums were placed in the cash-drawer und never in his pocket, und from time to e he took mouey out of the castiirawer und cutered it upon # clm the subject. Judge Blodeett gave his views (? :(Ineul In 1675, uwd {n 1876 to witaess and E. 1.I'nh"m"'l' Reglster in Bankruptey residing l!:I,clum. Witness avplied to Judge Blodgett h’: uly, 1873, to resulve some oubts and am- Wultica which scemed 1o be favolved in the :“"”"m Propounded by the Justices of the i :mmu Courtto bo answercd by the Register m:l‘l:etlmu with tho statute to which refer- i 2d Just been made, The mttention of ml:"(lfludvruw called at that time to the mu.".) the Bupreme Court, ss well s to the o vrent provisions of the atatute, ‘There were + ur distinet questious propounded about which ¢ lad doubl, His doubt refated to what It to my optlon. poatedly—1 Ithlnk, outered July 4, 187 thut every cuse that he has been called upon to deelde should bie examiued, und the merits of the declsfon tested by the conclusions at which he has wrrived, und Ithink ho would be found s seldom fn crror as any Judge whu has de- cided as many cases as hu has, ~Of course there are somo things about which,—what mlight Lo called pieetles und proprictics,—if you wish ing Col. Cooper—I want tho toue that he briogs “hercuresome things that L might wish o lit- tledierent, but ut the same thine they never, so fur us L knew, ulfected the real merlts of ihe case. This question has been put to me, und 1 have anawered it of my own wilt. perhaps 1t was right that [ should answer it wiien ft was put, although the Comnittea Jeft 1 tnay nlso nn{ thit | have re- think the Commit nuw dt—remonstrated with Judge Blodgett ubout the wmount ut work that ne docs, thought he was winlerminlug his constitutioy by hie Incessant Jabors, and [ think think that 1he public bave bo right to demand us much labor Irom bim us he perfurms. does niot give himself the proper hours of reat, I thouzht tee ought (n hu ta. e Witness remembered tne case of Fox & How- ard, i which o large amouut of personal prop- erty had beon sulil for $10,000,—an vrder belig s, hat the sale b con- e gy cefots from all wourees. into | firmed unless obections were filed by the Bih; “mq:;l‘l]luu sowilied o) bésanuesred:, Sec. ll‘l‘s):r«ll;‘wl.rv“r“gfi“tLnlxln’n'x‘e’u‘:u’:wv which belonged | thut objectlions ~ were filed; — that, o P o statute gave the Justices of the [ thAHETRIET VO R bl This wentJutobie | the momaluz of ke 1ah, | luncock, vtenie Conrt power from time to thms 1o | cash-book. tha provisions! Assignee, went before Mr. ilibbard was asked as to the voluine of hankruptey business whlen came under Judg Blodeeti's notice, and testitied that the Judg during the morniug hour ju chambers, !m#:lm ::m*- Tesciud, or vary the general orders. Af- M.“,'“’"K the information required from the M"‘ als, the statute procecded to state what Urmation was required from the Rexisters. Judge Blodgett und, on ah cx-parte statement und petliion ot sworn to, afterwurds determined not Lo be true by wit- ness, Judge Blodgett rescinded the sale, al- though the purchaser had inwle unarrange- otting out fucts rehaser, 1 hre¢totwenty-five v §" July, 1878, witoess called the attentlon of flli‘i‘ufl'i‘éfi‘.’;u'éfii‘eh ten muulh-y in the vear, | ment with the Assignes to make & deposlt thut udze Blodgett to the questions required to | and thut the Judze's vacation was oftou cu- | morning, witliout notico to the | y casen uta imered by the Bupremo Court, The atat- Mmu: ‘“¥irst, the number of voluutary HegnieyPiikruptey comlog before him (the i ¢r) duripg ssld year.” ‘The first ques- o r0sa: 28 to the meaning of the phrase “:'“12 before him.” Qo referring to the e Uons required to bo answered by the Jus- 4 of the Bupreme Court, he found that construction, make the cross-cxamination stiafactory to the Committee—to get the facty before them— without baving Mr. Hibburd's {ee-books, cast- books, und whatever menorauda bo Lad fn his cult . put the € straw e question reads by of st AL 'p:mrz:‘xan, upou which he bused bLis avtusl pavTorwan :‘mry bankruptey referred.” It seomed to Ror. Tiibbard tntimated that he had objection | purpascs of by owu, d! his private cash-book. o ven Lis didn't_wih to ulge Blodgett, as ho oxpressed to wit- Beah it the taterpretation given by the Jus- Mr. Cooper remarked that Col. Cooper ssked if thut wus & question of Witness auswered that thut was a case where be took u differcnt viow of the law frum Judge Bloagett, und whero somd of lus (Blodgett's rullogs were reversed by witned ¥ Court. Thers was & wman of forward, —not a of capital,—belind whow Mr. Crane stood, sud Judliu Bloagett took the vlew that M this man who had no means for ua Judgy o mun of . Crano Witness took the view that when Mr, Crane cama forward as a respon- sible party bu was eutitled to bo treated us (ho purchsor,—was Lo all jutents und purposes thy ed to purchase uuder certaln 3:' ,;‘.’ the words “coming before bum m"u::‘:- 111'1':3 {it'(&'?fi‘{..m, ;’:fi";:x‘;” l‘hfl:l::.l:;:{: Kurchm Judfiu Blodgett took the view thut k-a‘.l Y manlfest from the questivn which | the record, ¢ (Cruue) fnten v heslater wan requircd 40 snawer, which did | M. Libbard stated that {f 1t was tho pleasuro | citcUingabes, und not othurwlie, ol ‘u.: lanzuaze of the statute, The and lm,u‘i" , “Bucond, the sicount of asscts nup's fies, 8 uearly as may be, of the bank- 1t pagpl ducation was, ' Amoutit of assats of te "'m'k;"v\l Uierciu.” That seemed to bim to 1t o 10 tBe cases of yoluntary baukrupte: Wi gPrevions queation, ‘The atatuto o W51 dm“:hs atiount and rate per centum of ull of the Comumitte he would bring his cash-booky bat there were all sorts uf private eotrics fo it that would be of no usc. He bad referred to the casb-bouk as the ‘:)ICB where ho made entries when ho took cash out of the drawer. Mr. Cooper—Ia it the book in which you voter the fecal Mr. Hibbard—No, woney cclureds gud ihe ] d- Bl acesed 15 be'w whdo depstitre 1Fom thd | you das T What T waot fathebookla which { 1, Jydgo Bloagett takes 2 3ad e firag serous diftieulty be met | 7 Fle Commitieo also wanted to sce the books, wiab, wag ok ount if dividends “declared fi:.{xil»fl‘" Tho word “theroin ¥ scemed to bo e ‘é,":ulu word * referrea’? fn the firet ques- ked to Sy, £ame Lo tio question, Le re- Qivige udge Blodgett that the " amoust ot Ullergpyyiuds decared’ “would be & vers Ll frow the “amount of divideods ete., 60 Mir. Hibbard started off to get them. JUDGE DRUBIMOND. In his absence Judgo Drummond was recalled, and exumined by Mg, Goudy os to the extent of the business required 10 be douc by the Districe of tie record 1" that mro #Yam nutl 'fl"" of t}uui. ur.w i e {1 ulcl o relstion al questions B YT e b, wd decides theiD, somor times, wuch svonertbon counscl want them do- cded’ [laughter,) wud thus saves & great deal Col. Cooper—At that time, when the sals was set aslde, nothiog was represcnted to him (Blodgett) except the simple onussion to pay the Witoess—1 do not kuow snytbinz sbout what took place hefore Judge Blodgett—— Col. Coaper—Tuat Is wuat took place. Witnoss—Except what come up lu the record. “fsu't it a cominon cowplulnt smopir thw Bar bit 1o hils wouth ond decides acase uot op the ovidence bufore L, but vo what ke kuows of the wen outside Blodgett Jud, Apl Ialo not eonsider On the contrary, it s Impassible for us to do the Iners we are obfiget to perform here unlees we occasinnally eut off counsel in their remarks, 1 donot know thut hte takes the bit fu his mouth any oftener tnan other Judees of his decided chare ter, [t fs fndispensable sometinies that the Juddgce shoald do 5" Mr. Rijott—We permitted Judge Drummond to answér the question prosounded byt memurialista hecanse was uo o natter embraced fn the memorisl presented to Con- fgeress, leaving him to exereise his own discretion a3 to whether e would answer it rrauot, As the subjeat has been one into by the memorial- Istr, perhdp ft fa due to Judee Blidwett wl Judee Drgmmond that [ shoutd quote the fol- lowing from the emorlal, and simply ask Judge Drummoud whother it | ur puti * Fle lus 80 emploved hia judicial ofles s, by gross ’mrflnlllvv towards the older and more ju- fiuential Mwyers practicing in his Court, to en- deavor to shake them s friend< and deienders, while at Wie pame time he has, toward 1he younger an(l less nfluential attorney« practlelne in bty Court, borne bimself fna bursh, severe, Al arbifrary mavner.” ** Do you know, Judee,” sald Mr. Knott, *of any instance in which Judee Bladgett nas Iaid himself lable to this charre! 17 xo, ato " cnse pind The circumstanees conneetet with §.° w . “1 have no knuwledze, sir, of any fact niyself which would enable ¢ to answer that question, 1, of courac, have heard varlous reports un the subject, hut, us far a3 myuwn kuowledze ex- teniis, 1 would ot be able 1o answer tint quce- tlon; that i3, [ don't know ol anv fuct which would fnaieate that that statement Is true.” Col. Cooper—** [st’t it true that most of the membera of the Bar here. on aceount of the re- latlonsbip between {mlru-.l( and Judge Blod- gett, betnge assoclate Judues in the same Conrt, would be yery careful abuut making compluiots to yuu_,—van!culnrlv youny attorneys i “1 don't kuow bmit 1t may be truc of most of the Inwyers, but still it 1s also true that some of the lawycera have oceaslonally complained to e of sums of the decistons of Tudge Blodeett, | believe thut 18 & very common thing.” [Laugh- ter, Z 3 ’I‘o go down to the tavern and swear at the Court?” “Itis a very common thing fur conusel to complaln it Judges do not decide thefr cases in accordunce with thelr own views. Judges differ from counsel, and have to decide cases one way, 'elu there not In this district a feeling of dis- satisfaction among the Bar stich as you find {n no other district In_ your elrcuit toward the Dis- trict Judgel 1lave you not beund complaints and objections—not only dissatisfaction—as to the manver in which the business §s dune hero thut you have not heard 1n the other districts” “Well, it | um pernitted to answer that queation as to wnat [ have heard, orif 1 am re- quired to answer ft——=" “ Complajuts made to yourself.” “Complaints hisve beeu made lrequentl{v to me by gentlemen of the Bar as to the decislons of Judge Blodgett, und 1 have po daubt com- Buluu have been male to tno of declslons made y mysell (thut fs verv Hkely)s andd [ have heard cowplaints frequently of which Judge mauner in Blodgett demea him- self; that is to sy, was this occaslonal infirmity of tempers he waa testy ond sharp-tongued. That hus been n common complaint wade to me, I do not know as it 1s confined to the youncer mem- hers of the Bar more particularly.” | have heard a good many older members of The Bar say they had been snupped vp by Judze Blodgett ina way theydidn't liice.” [Luughter. | Str. Koott—Did you cver Licar uny complaints that there are partfeular lawyers who clatmed to bave the car of the Court! “[Smiles.] Ido not mean here particularly, but throughout your circuit, 4 No, sir; I don't know that I have heard that complaint; at the same thne, I don't know but 1 have heard Intimations occastonally that there mignt be persoval friendship,—he was niore frisndly to some wmembers of the Bar than otliers.” “You don’t apprehend iy question. #1 belfeve I do," “1don't mean that the clolm s founded in fact, but whotheer there wure cevtain luwvers practleing in the different courts in your elrenlt who clalm to bave the earof the” Court,—ta have some peculinr influenced” “1f there ure any such 1 don't know of them, Idun't lllllrusu that It 8 possible for a Judee 1 1 to strip bliwself entirely of bls feelings s n man, He {8 still u man, althoush be Is 2 Jude, and e bas the inflrnities of & mun." # My question was whether this clalm waa set up by lawyers in the different courts to lncreuse thelr own practice,” mixd perhups the Juage mlght not be—" “Inmy clrcuit 1 don't know of any such thing, [acver heard of it,—nover heard uny lawyer clatm bero 0 tals Aistrict thut he had the ear ?'( the Judge lu preforence to any one lse, * You might have heard complaints that there were lawyers who were makng that clal ' 1 don's think I ever heurd of any. | have heard it atuted, 2a 1 thiok was testiticd before o the other day, that certain lawyers ought to employed because they lad the car of thy Court. Ihuve heard such astors, but it never has come to my knowledge, 1 never Heard of 1t except by report. I supp 1t 4s hin- possible for u Judge to” avald the efféct of the manner of counsel in wrgulng cases und lu his conduet to the Court,—his pereonnl conduct uud demesnor,!” Mr. Knott—The oblect of my question wus the fact whether the Jude might not Judiced by such unauthorized —clilms, m without bls Kknowledge or contrivance,— without, In fact, Lulng true, 41 kuow of nuthing of the kiud, 1don't ray that it doesn’t eXist, because I don't know any- thing ubout it. Home lawyers might fusist thut they had wore influescs with e than others. ln'x’n uot responsible for that. 1 can't explain Col. Cooper—Noboldy would make such a cluim as to you, Inreply 1o Mr Uuud{. witness stated that motlons ‘were generally heard in the morning, wndy 1 there were a large mumber, und they toosk up moro Hwe thun wus expeeted by the Judge, whoss dutics might require him 10 eo ioto court snd try s case he nutursily got impatient, and vmuml to get through with the inotious, und witness suppused feellng would manifest ituelf more or Jeas in s deoortinent, Witness himself got tmpatient. 1lo was ol ratlier an excltable tem- perament, uud it took Iitm a lung time to bring Biwsell 1o the temper he now posscssed. At times he was a *little rough.”! A lawyer wua always auxious to have his motlon brought up, nid was perststent fn claiming the ear of the Court to huve It disvused of. ‘There was wo rule to govern tho wmuatter ol precedence. As between o young und sn old l«chr he would recogpize the latter. Witness ad often arreated the srcument of couuscl when he thought it unnecessury o consume tiaw,— whera o had deeided a qaestion or made ap his wind about it. ‘Vhe Ihstrict Juilie heard nuarly all the motions, Witness heard particulur onos, In reply to Cal. Coover, witnces safd there wan hardly a day when Judze Blodgets, who dud the greater part of 1he Jury business, did not submit somne question to hin with reference to u cuve on trial, Have you uot found out, when cases catne before you for review, that tho fucts were dil- ferent from those which he liad stated to yout” Lo 'l‘}nlt wlght possibly be." HIBRARIPS CROSS-EXAMINATION. Register 1lihard was recabicd, und exwnlved by Cal, Cooper. lle had been o wember of the Dar for o little more thun twenty-five years, but had not done much be- youd attending 1o hls busincss us Reglster sinee Fubruary, 1572 His doubls s to the construe: tion of the Jaw amending the Baukeupt act, ap- proved Junc 22, 1574, stose soon after it wus promulzated in the summnier of 1874 Heo bad it ou bis mind thut In July of the next ycur he would ve required to make o report, sud the law advised bl that thers would be questions to unswer, und e wason the lookout for theseques tivus, ‘They were not promulgated until April or Muy, 1875, at the Octoder ter of the Bupreme Court. 1o presutned that in reading the law b notlced Beeo 5,197 B, which provided for » reduction of the fecs und allowances of bank- ruptey officlals to one-halt of those alluwed previously. The principal object of Coneress in requiriug these olllcisls to mnake reports was to Iuform Congress how much it cost tu scttle up & certalo bumber of estates In bankruptev. It was belng discussed fu the country, and among lawyers, that It was an expensive way to administer upon fosolvent estutes as provided by the Bankrupt law. 1t was probsbly the de- sire of Congress to know what fues these different bankruptey officials were receiving, but that was pot promineut fa his mind at all, There was uch discussion among lawyers and busiucss inen 24 10 the excesalve and uureason- sblo cost of closing cstates in bankruptcy as cowpared with closing them upder the Btate {usolvent laws, eud by creditors’ bills in claocery; sud one object of Cougress was to kuow how wuch 1t cost to close outs certaln class of estates or m given uumbor of estates. importaut a fact to ascer- talo a5 spy. Tho law did not require the Regls- tes w,mox‘l the total amount of thelr fues To~ 1 had put it with yourowndepoaits, had you ot elved by port. to the I atated,” namel voluntary sid fuvolin- S was the consteuction it irpom it by Judge Blodgett aml hlinsells as well nd by sonie members of the bar with whom ho talked when the matter was before the Bar Assoclation. ‘The provision as to returning the amoant urd_rate her centun of all dividends ared, taken in connectiou with the fourth tior, he construed to mean oll those re- ferredd to him during the year. lle thoueht the answer wonld be very satlsfactory, sinee not one-half of the cases swbich had ultimately patd dividends had been reached at the time ho made his report. The law provided substan- tially that no dividend should be made for three munthe, and that an eatate should he wound up at the emt of alx months. | possible. The cases referred to in the section ha construed to be 1k eases referred Lo him during the year. ‘Fuking the atatute in connection with the questions, the first difiiculty came up on 1he fourth question, ** Amonnt of dividends the 11,7 18 aifdd not seetn to him that Conugress want- «l fo know the amonnt of i s thercing it they wanted to know the amount of vidends hn'eases in which dividends were de- clured. Me eould have adided to his report the amount of dividends deciared as 850000, and the amount of assets In the cases as 200,000, and the R30.000 would e divided some thie or other, woen the cases wore reached, 1t scened to him thant Congrees would he very likely to he misled by scelnz [n his report o larze smount of assets and & very small amouut of dividends, aml the anmrer was very nesatisfactory, because it con- yeved o information to Conzress which would bt of any use whatever. Coming_down to the “number of cases in which discharge was eranted,” that was the first question fram which the word “therein ? was ommitted, Congress knew nothing about bow many cases had been referred to him in the last cight years, from which diecharges were granted - fromn time to thne, It was apparent from sl hia repurts that he construed this question to meun “ihereln.” Comiug to the next giestion in connection with the “ninthly of the statute, requirlie a report of all fees *in each class of e above stated,' he construed 12 to mean the cuses referred during the current sear. Whether he was right or wrong be did not undertake to eay: but that was the ticory upon which he proceeded. 1le submitted the aiestion 10 Judge Blodgett, und told him it wus @ matter of 1o consequence to him what the report was,—ft wauld not Interfere with the reeelpis ol the oflice I uny ways the income from fecs belonized to the Negister, whether snich or fittle, 5o that there could be no possl- ble disposition to make o wrong statement, and he endenvored to make a truthful stote- ment, When Jodee Blodeett was consldering this ninth question for the Rezister tu answer, hu turned back aud read the clauses relating to the reporta required f2om the Marehal and the Clerk, When the requirements of the statute were consldered fu telation to the other oflicers, and the chanre of Junguaze which Congress adopted in relation to the Recisters, it seemed 0 be more clear thun {2 otherwise would tiut the Reglster would be requlred to report only in the cases referred, beeause no other oflicer was required fo state anything aliout cases referred, “‘The Assiznee was required 1o report cares in his charge during the year, but the Reglster was not requilred to report” how many cases were in his charee, exuex‘»t those that came to him dur- tug the year. e bad some doubt as tothe con- struction, but his convietion leaned to the: way fn which L was tly construed by Judge Biodeett, mul many of the best attorneys in this vity—suchas 8, Corning Judd and Jofin N. Jewett—coneurred fo the sume oplnion. In July, 1875, he went throuch the cases which had peen refesred to hiw, und made a memo- randum of all the cases which hud been elosed and Avttied up, In these cnse, he took (he ex- act Tces as put down o bis fee-books, und added thein togetner, ‘The remaming coses he went throueh his fec-books fur, and made as careful an eatfinate 18 be possibly could of thie amount, upon an aversge, of the fees earned, which should ude pronfs of debt and all the testi- mony tuken In the tase, according to bis jude- ment. e bad aclerk who went through the examinutlon with bim, awd the reports were in s handwriting, Fhey discussed the matier as to what was o just, falr, und proper sum to be reparded as fees earncd or recelved in the cases ol yetr ended. He did not regard the mun? deposited with hlm as fees carned or recelved. For the firat fow vears of his udministration as Reglster he kept 4 Hitle book, nid whenever Mr. Bradley pald him any money as Clerk he noted {t in the Imuk. aml put the bouk wist money into his eafe, fie uever tonehed the woney 3 never put b oon hifs cashi-book, and never used t5 but when th case was clused up he would go to that baol Lk out the deposity nud strike the name und thie mouey off the haok, wid return to Mr. Brad- fcy whatever was Lo be returl 1t any was to be returned, and put the vemadnder fn iy pocket, On the night of the great firc he bad over $1,000 of that wonev tn bis safe, s It wos utterly deatroyed and lost. After the fire he thought he had better put 1t Logether with iy OWn INQHeY. Col. Covper—“The matter of kecoing thisssa trust-fund by fteelf didn't connnue 1 the time of the ereat e Tt was uiways regurded as o trust-fund.!? “Rat ow was 1t treated? I don't care how you regarded it.” 4 1t was treated asa trust-fund,” # Jfow wax It tieated os o trust-fund?" By regarding {Lound treatiog it as & de- pusit.!! L flowi Did you keep It separatel” # Nu, sir.” w Didn't you invest it us other money—just he samet” “ %erhaps Ldid.” s low do you suy it was o trust-fund " wly wae fees wul cimoluments recefved, though had 1 1afd down wy ofllce July 1, 1575, there would buve been i “my hands to be ace- counted for §1,800, as u trust-fund, to my suce nat is arzument. What I want to know {s e fucty; what manner you treated these do- poyits as a trust-fund 1 can auswer 1o better than § have," [t was slmply {n your own mind, then?” s Welly yes, sir 4+ 50 far as the beneflvlaries were concerned, g0 faras_your oets wero coueerned, that was Hower No Ubbard’s mouey, wasa'v it You Yeu" Lliew why do you ay it was o trust-fund 1" When yuu ask me such o question und 1 ut- tempt to answer it, you say 1 sricus e, when the wnswer can unly be by an arautent,” w50 you put b in your pocket und treated it it beioneed to 11N, Hibbardy " ¢ Perhaps It was."" ask you why, having recelved it un« visfons of the law, you didn't return {t in voursworn report 1 When | answer you, I cau only do it by an argument.” “1r you have ¢ other explanation than those you hsve given, L want you to eive jt." i 1 had ret hem und the ated 1 urned over 0 L0 InY ARCCCss would hava norted Twiee us the fees ad the emolu- ts uf 1he Rewinger,” + Buppose you hd speut it and been wiabla to return 11 Woulds't the samo thing bap- end = Yes, 1 will kay, bowever, that befors I made my report T eonsulted Judee Bloduett this subject, and, furtherinors that £ kuow of fu the United States makes his repurt on the saiie iypothiesis," uunwwer to furtlier questiots, Mr, Hibbard reterred to Rtegister Grant, and Registers Buton am Clark, of Bt, Louls, as making thelr reports fu this way. Mr, 1ibhard saded thut be him- sol0 QIdut feel ton cortair, but by gave te tatter thoroneh conshicration and consulted Judgge Blodgett i regard Lo it und mads Lis report honestly wud i goud taith. DI It oceds to you Lo Tuok st the provisions of the Taw requirting e Marshal, Clerk, ad Assiggnices to muke reports with referenes to this phrase freceived or carned ! os tie Reglster was required Lo report, und see whether thero wos any such provisiou with refercnce to thew " 7 “Tho Marshal has no such deposit tnade, nor has the Asslguee, ‘Uhe Clerk nas, so [ um conti- devt that lie doesn’t includo 1t ju his report ut o end of the year s fees carned or received,” 1148 {8 ¢ respectively caried or ecrued dur- e wald yuar.' w, then, wasu't {t your ,‘um:- ment then thut Congress tind put o this clause trecelved or wecrued ! dn - view of the fact that the Rewisters recelved 850 under (e Juw ou euch case peierred Lo xlmm\ but which may not be carned during the yoar(” "1t 't Sees and cimoluments yecelved, It s a deposit aa security for fees; ho, 1 never had any reosonable doubt, und huve not now, that 11 an't fecs or emolutmcnts recelved or caraed. 1 ay be wroog." 1 i3 put iutu your hands for fresl* g seeure feed whon they shall be carned.?” S an't it fuct that up 10 last suiminer you neyer dld return these deposits exvept lu voe or twu Jnstances " [ don't know buw many I huve made. 1 have had very fuw fee-bills In five yearss thiuk {u the bulk of the cuacs the £30 was used up. 'The cazes now going through baukruptey ure cases whers thers are uo asscis st all und tho schedules ure sborter und uttoroeys have Imxflad 0 wako cases where the fees would be luas. 4 flave you memorands on which you mads your report for the year ¢udiog Jube 30, 57 4] bave. Iois nothing that the law required me to keep, but i suved u vast awoust of wozk,!? Mr. Hibbard produced the book, uud Cul. Coover, \u\-mfi‘ ouked at it, pointed out some cuses whore there was Bothing warked as bay- *Judey Biodge inz been earned or recelved, al as hard if he didn’t alwavs charge somethi the case was referted. Mr. Hibbard explalied that In July, 1875, his clerk carefilly went through the dockel ot casen for that year, and deterinined the total amount of fees, Aa fur- ther answer to fhie queatinn In regurd to not returning fees (deposits), Mr. Hibbara men- tiuned three coses in w e had retnrned fees, the amounts belng 848,85 $45, unl 840, Ie had never reccived o #50 fee In 1hese cases, and explained how it was, The law required the Clerk to pay the Register the 250 deposit, Mr. Bradley told him to take the £30 fu theae cases, but Mr. Hivbard said he preferred to take the £40, 0 a8 not to he obileed to return the money to him (Brmllcfl. This was done for a while; but Mr. Bradley afterwards sald lio wasn't content with this; that the law required him to deposit with the Register, mnd that the Reuister should take them, witn received 1l cases commenced hefore the year begean, “You left out the $50 deposit reccived In each cace during the vear for which yon re- ceivenl the §50,—or $10, It you only Feceised LAl T4 No, sir! «iid you put those in?* “Ipui as much of the $40 n as had heen earnedd in the year.” “Take those cases where you had earned more than &0, but badn't yet recetved it from thie Asslgnee. What did you do in such cuses{ Did you put in all of them earned?"’ 1 put In all that I could—all that- I re- celved.” Witness was asked how he could tell, from the fee-books, whetlier fees werce earncd during a particular year or prior to that time, and ex- plalned agaln all ahout golng through his dock- cis, which waa the est he could do, because he couldn’t set down and make out a fee-Ulil up tu a8 certalu time without an Immecae amount of labor. After golug through these books, he came to the conclitsion that 830 In each case was a reasonably Hiberal ullowance for all the fees thut had been earned according to his aud his clerk’s judzment. Col. Cooper asked witness why he didn't, it he: had, us hie had admitted, any question sbout the decislon, pul something in bis report to show the Justices of the Bupreme Court that ¢ dkl not fnclude all his fees,—fees earned ar receved in cases commenced before the beginning of the year, or the 850 deposit, Mr. Hibbard replied that he did bave ft fn mind to put [n sach an addendum to the report, und he thought he sugcested it to n fricnd. 1t with his son, and, since the first report, toa {riend, but it was suggested that the Supreme Court Justices, or the Attorney-General. would say sumething sbout A Reglster knuwiog more than they did aud supplying questions " which they would lave to answer. made July 18, 879, be did substantiaily put two or three questions, 1o was Frank Uilbert, United Biates Sub-Trens- urer, much excited swhen the investigation came up Jast summer before the Bar Association. fecling that he had made his rej tiounly and honestly. He had talked about In his last report The {rlend he referred Witness couldn't savy he was very rts consclen- He did, huwerer, scem rumewhat aunoyed to have bis oflicial conduct called fnto question, *Very natural,” sald Col. Cooper. ‘1 am not indifferent to that, 1 sssure you."” Col. Cooper wanted to know how it was, If Judge Blodgett had given Mr. flibbard the con- gtruction ro oftenreferred, he (Hibbard) did pot state that fact in his letter to the Bar Arsochi- tlon, ik put the tesponstbility for this matter whera it belonged. Mr, libbard sald that would nccessitate a lone answer. That letter of his addressed to the Committee of the Bar Association was weit- ten without witness’ knowing anvthing at the time about what the report. of that Comumnittee coutained. He bad asked Col. Cooper to be allowed to seo the report or a copy of it, but he replled that it was a sort of quasi-Judicial body. Then the witness sat down nid adiressed this communication to the Bar Assoclation, Very little wua said abaut these reports. The great Lulk of the couveraation, as be judied from what was goinz on fn the oftice” for a munth ur 50, Was I relation to snother matty un!, inasmuch as be didn’t kuow what charges would be brought ugainst him, he could nut, in a letter recelved in the dark, be able to cover the points with any degree of certmnty. But when the question was first raised as to the truthfulness of thosc reports, he stated fo the Committee, in the only interview be had or could et with them ou -the subject, that e desired to see tho report to en- able him to make u formal reply to ite critl- clsm—in which ho faited,—he called on Mr, Bradley, und sald to him:~ “The Comumltiee reems to eriticlse my report to Washineton he- cause all the fees earucd in all bankruptey cacea wre bot inclwded i the report.” Jie also said to Mr, Hradley that he was satlefled with his in- -stfuciiuns froin Zudice Blodgetts that he he- Neved hie codld defend himself hefore the Har Associution or uny other tribunal In the. !)Ub".lull Do kad takens wid, nlthough Jodge Blodgett had the sume views, und he (IHbbard) had made the report [n accordunce with bis, inter- pretation_ of the luw, yet ho remarked to Mr. Bradicy that he wanld not mention Judge Blodgett's pame, sdding thut Judge Blodgett hod enoueh trouble of his own, Mr, Rradiey, with a_guod deal of :m‘mnlin, said “That's right. I om giad of Jon'L’ men- tion Judeo Blodgett's mame.” Witness hud never spuken 1o Jindge Blodgett on the subject of this report untll after the, Grand Jury had departed, For the four weeks while the’ jury was fu session, afier he found thut they were fusustizativg his oflice,—couldn’t help knowm‘; {t, becuuse the jurors were coming into his office for books and papers,—when he learned thls, Lo studlously and carvfully avolded the presence of Judwe Blodgett unless witha third party, 1le never was tn his presenco alone durlug the sessions, and vever had any talk with him on the subjoct, after July, 15i6, until after he learocd of the course pursued by the Grand dury, “When,” continued AMr, Hibbard, his voles slmost choking with cinotion as he proceeded, » 1 hieard thut he (Judge Blodgett) took the re- sponsibllity of saving that 4 mude the report pursusnt _to his directions, I could not help be- ing noved. Itwas the truth, Iremembered it, but | chose to stand ou wmy merits on that report. 1 wus woved by triendship. 1 felt that Judge Blodgeit was performjug what 1 res gurded as vimple duty on his part,—though 1 had never asked him fo perform {t, o7 suggested that ke should,—and 1 may say now that, had the Grand Jury returped their Indletinent agalnat me for perjury, § um satistied T could defend wyself befory any proper tribunal, und 1 Judi;u Ulodgett the aunoysuce of this per- utlon. I8 RELATIONS WITIT TIIE JUDGF. “Yau are very fricndly with Judge Blodgett, and bave been for years{" 1 have known i for twenty-five years.” # You take dluner with blw every day, don't youi" # Not cvery day,"” “Don't you have dinner every day in the Federal bulldugt" wiudge lrumoond, Judee Blodgett, (he United Stutes Marshal, Mr. Brudiey, and myselt havo lunch there.” W Answer iy question, Don’t you aud Judgo Blodgett tabe dinner togethier rliht along (" “1 have answered your queation,’ “As well before you were indicted as sineei” “Yes, but I think I ought to state, if 1 may ko allowed to—" Ar Knott—Yes, “ OnSuturdey, after T was Indicted for taking {llcgat fees, und befure T hud sern Judge Blod- gett, 1 called upon Judee Drummond und asked hii 1€ 4t was u proper thing fur e to continue 1o ey our lunchea together, aml to meet Judgs slodgent at dinner us § had before, 1 told blm 1 had some delleacy about the matter, thut it wiight by erlticised v being indelicate and lm- proper, und Judze Druminond guve e hls opmlon that he saw ho wrong in it 1o you knuw of unv effort bulug made here to spoulit additional Heglsters for the Second and ‘third Congressional Districts ™ Mr, Goudv—"Thut reiates 10 auother churgo that has not Leen furnished us, and it would more orderly for Col, Cooper to confiue htnsell to the one under consideration. Col. Cooper—1 just asked it to ahaw the rela- thons bet Ihbbard und Judge Bloduett, * You have recelved a Kreut mauy favors from have you noti" * Nut that [am aware of.” % You bave seeelved the favor of being the sole Rtegister 1o Bankruptey lo the three Cun- uial districts ' That {s & fact.” " :llu l,‘v‘-“ been the District Judge duriug all g Evervhody kuows that," +* Haove you not wade Judge Blodgett presents at various times!™ * Not Lo any extent.” © Just state if you bave not made Judge Blodgutt presents at various times." Mr, tioudy—lt ls guite ovident thatsllthis tuust relate to soutething else. 1t the Commit- tee think it is proper to conduct the lovestigu- tion in this wsy, uf course we huve uu objection to ft, Col. Cooper—It Is in reference to the Graud Jury charge, and I thiok it is proper to sliow ill'll.il lll.‘"l‘hll‘llau between Judge Bludgett uud Mr. ) Mr. Kuott—1s the question of givl respnts ewbraced in molhzr%bn el g » T Col. Cooper—Not thut [— Mr, Goudy—\We have a9 objection to the fi In these reports « left out fees or emoluments earned or coming out, but desire to have eversthing fa order, if possthle, Mr. Knott—The witneas may answer. YT have never, sald Mr, flibbard, ‘' mada Judge Blodgett any presents beyond Christmas preseats, except once.” ol ** What was that?? “T tnade him a present In 1874, Twill saym fhe first place that § was o Director and apare owner of a watch-factory, nnd there wero halfa ozen or A dozen 'watches made of 4 peeullar vattern, and a watch, which cost me nothing, being presented to me by the Com. pany, | presented to Judge Bludgete; and 1 nhave in my pocket a copy of the letter which I sent to him."" Col. Caoper—It you want to put it in as of the res gestae, 1 have no objection, t explains why | zave it to him."” # What kjgd of o watch was {t1" » .!klc th&¥one | hold in my hand.” [A gold "ot say L cost ou nothingi “The works cost ine nothing." 1 mean the wateh 1 S0 hought ¢ ain,. 1 think,'" S 1)1 you give him a wateh nl chaln 1% 4] gave Mim & watch and chaln,* * How much waa it worthi? . 00! ft was worth, ofl told, perhaps—I do not ko, ale—$75, perhaps £100.° 2 ** Where was the wateh made? ! “ At the Corncll Watch-Factory, fn Hyde P4 o much ata b “llow much did_you pay for the chain] [ don’L n:memlmr."w “i¥nere did you gret it AL Hamilton & llowe's,” “Where did yott get the cara?? [,\!u.-.rnxlnkinul-—“lfiut the case from tha watch Company, but 1 think I pald something to the wateh Company for the case." “ You don't remember what ju wast* “ No, I didn't order It; the Company didL" “1lasn’t ft been your hubit to buy n great many books! You liave a good lbrary " S Only a fair Ihrary."” Mr. Goudy wished 1o bavethe wityess explaln why he gave Judge Blodgett the watch,~to read the letter. Mr, Hibbard aald: Judge Biglgett, tong be- fore he was Judge, wasa very mtinate frietl He was nsolicitor of one railroad, and perhay more, nud was one of the propriv- tors of the American” Law Reginter, n perlodical published {0 Phlladelphta. * Tn the perioas when husiness was dall 1 was i1 the hablt, in 1864, 1585, 866, and 1867, of golng uround through the Northwest— Michlgan, fndlana, Iowa, Wisconaln, Missouri, Kentucky—collecting biils und soliciting sub- reriptions. During ull these vears I waa o the habit of applyine to Judee Blodgett for pusscs on the different raliroads; belug one of tho publishers of the Journal, T thought I was in sumo measure cutitied to the courtesy of ths ronds. It view of bis having done thls, I lm the watcly, und wrote this letter to hi Cnitcaao, July 1, 187 it nembering as 1 do our pleasant ucqualntanco for nearly twenty yearn, and particulany the many xindnesncs, professional and wther, which | bave received atyour hunds from tune to time during the Iant ton or twelve years, ot han long been by thoughts Lo make ronie it expeession of my warm regard for you, ! tmst, therafore, you wilf nceept fhie watch and ehalu hercwith, nos ‘ntall, iowever, ana discharge of the wany cbltzations I owe vou, but an a feeble exurassion of my sincers friendshin, And ) hope you wil, in roceiving (i, feel une haif ttio feal vleiaures 1 do In viving it, Col. Cooper—That was written urlor Lo your lwnl'(mueu to him for aeonustruction of the Aty # Mare than a year before,’ “Do yout want to tell this Committee that that wan the only present you ever mude Judra Blodgert 1" 1 havo made Wim some alight presents, I think, besldes.” AVl Ew suy tothis Committeo that you have not been in the habie of prescntine Juidee Hlodzett with a duplicate of the variuts books and articles of virtu you buy for your uwu home " *+It la not true," * What will you say about thati” “Well, I have wnven—~I dow’t remember— 1 can't state definitely Just everything | bave l.hul(:q: Bladgett's duughter. and my iter—" Ir. Knmh—dusr. talx up famlily affairs as lit- ssthie. What 1 bava giver to Judee Blodgett—* Col, Cooper—That s what [ ain nsking for, “am not quite certaly about. I may luve given Litn vome books; [ may have given sume 10 his family, W If yot ean remember the detalls of o eon- versution that tovk place In 153 you ought to e able to testify Low extensively ;you have mude Judge Blodgett presents?™ *hey were not extensive,” s Car't you think of anything clss -thau this wareh iind ohaln M = *+Whether | guve him or to une of his daugh- ters some things—that Is what {a in doubt in wy mind.! [ don't mean 8A to that." *1 can tell what [ gave to him.” Witness valil further thut he sent & second letter to the Bar Assoclation on n stngle tople, in reaponse to what he supposed was the Con- mittee’s desire, underatunding from Edwin Walker that an answer on that polut would be entirely satlsfactory to the Committee. He made ~ several coples of© the letter, fearing that ft would be suppresed —not " published fu conueetion Wit the report. ‘The Commlttea refused to let him sue the report bofere 1t was printed, he having usked Col. Cooper, who tuld Iifin that. the Comn- mittee was a quasl-judicial body, nnd could not let bim see It untilie bad been submitted to e Bar Assoclation. Inreply to M, Goudy, witness sald hie held hlmell ready 1o refund the excess drawn out at all times, winl was able to refund it becoming responsible for it. Mr. Knott—There is one point we are not en- tirely clear on. lnconstruing this nineteenth scetion, finding the languare ambiguous, you I;u:l; had recourse to the objeet aud intention of the , 88 1 understatcl sou, to wid you ju ar- u correct conclusion, tovk them Loth up-—the law and the question.’” “Applied the same rule to the entlre see "(ill‘l'l'" regord to the Marshal, Clerk, and yours [ *tAs far as I remember,” “And the object you sipposad Congress hal in view was (u ensble them to arrive at the comparative cost or expense of winding up an eatate under the Bankrenpt uct aud under the Insisent laws of the Statof “That wis oue of e thoughts,” After somo talk asto when the (rand Jury case could be closed, Mr, Goudy savig thut it could be done inu few minutes, except as to Judzze Blodgett's teatlmony, Pl Committee Look u récess unul 2 o'clock. ODDS AND ENDS, On the assembling of the Conmittee fn tho afternoon, Mr, Goudy offered the resolutions passed by the Bar Assoctation on the preseatation of the report of the Commnittee on Impuiry. Mr, Knlckerbocker—What {s the object of hat, abywayd Mr. Gluudy—To show the action of the Har Assoctation upou the report. Mr. Sheldou—~They were udopted by a major {ty of but ote vote; how will Ut appeur Mr, Goudy—They wero sdopted by & majority of two to one, but that is immaterial, Mr, Cooper—Hefore you read them, T wonld like to state this: There were two weeting, the Dar Association on this matter, sud ong eallod to reconsider th actlon of the wedking, the recorda of which Mr, Guudy I8 now reading, 1t the oue wors in, we would Mke tu bave thew bobh o {1 o this mutter, Mr. Kniekerbocker—l sunposn thut iu fafr. “The one offered snd put i will be relied on us comething of & defense lu the course of this tnyustication, Mr, Goudy—1 have no explanations tu wake. I offer thls pauer. Mr. Coopur—| ubject to it without the whole action of the Bar Association belng ahiown, ‘Fhere was o sccond meeting at which this same matter was reconsidered, nnd It the two go In together we have no objection, Atr. Culbersou—>Mr. Goudy, thew, csu put in thls paper, aud you can put Iu the other. Mr, Goudy theu read tho resolutions of the Bar Associution expressing conlidence fu the futeirity of Mr Hibburd, sud a belief that hs had not beeu gullty of suy intentlonal violution of the law. Mr. Cooper—Has the roport of the Bar Asso- clation gone fnto the record i ‘Il Uhalrinan—No, sir. Mr. Cooper—Theu 1 will offer ft, because the resolutions will be a little blind without the re- port woes in alony with them, Mr. Uoudy—1 do nut offer 3¢ you can offer It i you wish, e, Cooper—Thon I will offer 3 Mr. Holdridge O. Colllny, retury of the Bar Assoclation, wes then examined by Mr. Kuickerbocker, aud produced the mluutes of the special mwuufiolJlmu 15, 1673, at which & resoliitlon was olfered by dir. Goudy, wud usscd, sppointivg Musirs. B. P, Ayer, C. B wrence, H. F. Waite, Elllot Authony, und Thomas J. Frout as u comumtttes to prepare the reasons of the majority of the Assoclation for {ta action v the report of the Cowwlittee of lu- quiry ou the Bavkrupt Law; the motion 1o re cousider belug Jost by a vute ol 39 to 4V, sod » protest sgeinat thy sction of the Assuclativa iu-

Other pages from this issue: