Chicago Daily Tribune Newspaper, February 5, 1879, Page 9

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THIS CHICAGO TRIBUNE: WEDNESDAY CEBRUARY 6, I819—-T 1 January, 1876, That note beeame due, nnid Mr, Hesingr could not pay ft, and the notes and stock were sold to witness by Mr. Vocke, he giving his own note, made out to Mrs. Fiiza Vocke, mife of Mr. Vacke, beeanse Mr, Vocke bad zotten into pome trouble with the Governs ment about a bond given for his brother, who was a Gauger, and who was Indlcted. From thene transactions, anid from sales of stock that he knew of, and from_the dividends declared, he considered the 170 shares of stock of the Staats-Zeitung Company In the hands of the Assfunce of the Germanta Company as certaloly worth 150. The Staats-Zeituny Company I 1874 was In a prosperous condition, amd {s to- day; it was In the lands of s successful man- bankruptey, filed July 16, 1573, he read off the eeveral labitities fn e bankrupt’s schedules, most of which were secured by this stock, the value of which was not eiven. Under snuther schednle appeurced the llst of stocks In eorpora- tions, the schednle disclosing 624 shares of & aals-Zeitung stocks, pledged, whose face value was $62,400, Only thig, and nothing niora, could be learned from the petition as to the value of thst stock. Mr. Ilestng's stock, befora he heard from M Vocke that the stock had bren roli; on the con- trarg, he understood that Mr. Vocke was teying his fiest Lo sell the stock for all §t would bring. He never sald, at vy meeting at the Interua- tlonal Bank, or any oiticr place, that he had no onjectiuns to Mr.” HesIng getiing out of the scrape the best way he could on account of his ereat Insges, but that he would object to any other debiors belng fixed fu the autne way, us they were all able to pay. In the first place, there was 1o such mecting at whieh he was preacnt; in the second place, he never had auch ou fdea o difs head o8 Jettinge Mr, Hesing off, hut, on_the contrary, did everstuing tie conld tu make him pay 83 moch as the others: and, in TUDGE BLODGETT. The Cermania Charge still Under Consider= ation. GEN, BMI'T'H. QGen, George W, Bmith was called, and teati- fled that he Legan suit against the Germania in 1872 on behalf of the Attorues-Gieneral of the Testimony of 8 Number of - Witnesses for the ager. Mr. A, C. Hening was Indebted about Htate, this suit heing one of n number bewun | the third place, be rould notsce the. ohject’ of $72,000 to the Union Natlonal Bank on paper | under the State law against insolvent insuranca | such n meotinig, because all these other deblors I)afense, indaraed by him for the Garden City M:n_ulflf- compnnies to wind them up. Vocke wusap- | bad pufd up in February. le never heard of # ::rlmt dhgmly Lolmmny, n{‘nl ;Ic.;mug; ’l: nointed Assiguee on_ his motlon, and the | 895 D‘I’lch nrrnuzcmr-nl! and never heard it (ntl- R curity $40,000 worth of stock of aa only recommendation that he recollected was | MAted: All the stockholders knew thut he Zsitung Company, This Indebtedness was sub- sequently reduced to 23,000, n cross-examination by Mr. Goudy, witoess sald that each time hie borrowed $5,000 from the banks he was good for that amount outside of his stock, but he had other debts, Ile was now in bankruptey, and fiad geheduled his stock, ‘The last dividend wan declared in January, 1878, pushed them up pretty Healy, On cross-cxamination, witness stuted that must of the stoekholders, helore the suite, wery his clents, “Thur Habllity was about $150,000, He didn’t know the amount puid, never hnving examined the sccounts, Ile attended only 1o the legal business; but Knew it wus a lar omount. The Company was put Into ban ruptey [n the eatly partof 1872, probably March, He was somewhai active fn geiting autiority to represent the polley-holders. lie wauted Vocke ur sume other person to be Axsiunee, thinking he (witness) wight as well b the connse! fees ns anvbody clse, « Vocke wasselected by o large majority. e didu’t recollect how longe afterwards lic was confirmed. '* Do you remember the circumstance of helng anxious wird finpatfent with Judge gett that he should hold the nonmination and give Indleations that be didn't fntend to con- frm 1t" " “I have learned nol to Lo very anxlous about business tatters,” “Ian't 1t true that you were a littlo it dm- patient i “1don’t remember the atate of my feellngs now, but L juded I was, on lavking buck.” Witness could | ot say what he eald to Judis Blodzett or what Judege Bloduett sald to bim, but he knew Judzegdlodirett was disinelined to one of Mr. Koerner, who was [n the Legislaturo with Vocke, To witneas® knowledge, lesing had nothing to do with Vocka's appolntment. On the cross-examination, Col. Cooper asked the witness {1 he: hadn’t put quite a namber of companies [n bankruptey, and Uen. Sunth stated that e had. After (Hing the bills and getting the Itecelvers appoluted, he exerciaed a super- visory direction over the Recelvers, but didn't look after thewn with that closeness which bo brought to bear upen the preliminary proceed- ings to get Hecelvers lfinolnltfl. He knew nothing personally about the way Vocke got his appointment. WILLIAM 1. KING. Mr. Willtam I{, King was called, and, tn re- sponse to one of Mr. (loudy's first questions, #aid he was Prestdent of the Bar Assoclation. Ils didn't know thut that could be called on ofliclal position, nordid he (smiling) know thut it would add anything to his character. [Great lauglter und disorder.] Mr. Klug further testi- fled that Yocke came to bim when In the Leglse falature, and anked bim to hetp bita secure bls appointment—or confirmatlon—ns Asslznce, stating that he had been elected by the cred- of Whom Contradict State- mm’ments Made by Mr. Hesing, ADOLPIT MOSES. Adolph Moscs, the attorney, was sworn. e represented someof the creditorsof the Ger- manis, and was ot the April, 1874, meeting,— the lant one held,—when the tinal dividend was declared, - Mr. Vocke, the Assignee, made s statement, and, among other things, told sbout tho sale of the Hesing notes and Staals-Ze'tung stock. The day before, the newspapers had published the correspondence, and, its attention baving been attracted, lie catechised Vocke. “\What cxplanation did he glve of having made the sale o that way, iustead of entering up judgment?” 1 can only give the substance, Tlo sail that he was opposcd to the gale, and what he did ho did under the ordor of the Court.” A discussion fouk vlace, mil witness made s motion that the Assiznco be instructed to com- fepecially Mr E H W_inaton, » Who Denies All of His Statements. ur d 1o, Swelt Is Unablo to Recolleet That (onversation at the Tivoli, Evidence Regarding the Bids Made for Hesing’s Stock. ftors as Assignee. Mr. Vocke' asked | appoint Vocke, and referred to the atturncy's menca a sult agalnst, Greanebaum and "13"’"“- witness 1o giva him an Introduction | fecs, and witucss tried to explain the matter as to recover the stock. [lo thoucht Ald. Busse | 1o “Judge Blodgett, and the witness | wellas ho could, Withess did not remember seconded the motiou. Mr. Slsson made o warm | calted upon the dudge, who stated, pretty ab- | how much the fecn were. He considered them Vocke on the Stand Again==-Mr. upeech againat it [Smilee.] Florsholm was | rupiiy, tiat e wonldi't sppownt Mr. Vocke: | rensomable. The man who represent- Goudy Wants All the Lhere, ‘tm Jidue ‘Hf‘.’.{.‘;‘t’(‘fl.‘.’}r ngvlgflfl!g“;:g;l that e u:ldr't Drooss to Lave s catata o Juluxx‘u umfiu‘ that” ey 2 . o ! quumdered in attorneys’ fece,—roferriug to the | were too much ook special ensure, withess Charges at Once, a German, and witness yoted * Aye.* and the | fuep that, whea Vaukuywus Atsignee under ihe | thought, i embittering the Ju«';ze against him. others not at all or *“No.” TheVote was nut taken by the amount ol clatmms. 'The meeting was not & verv large one. About fifty were present. Vocke didu't say he was *‘com- pelled” to take the course he did by the Court, Witness asked him why bo hada’t entered up judement, baving “heen informed that all the men llable to the Gor- manls bad given a stibulation, which was on file, that judgment might be entered whenyer the Supreine Court decided ogainst them. Wit- ness thought that ouehit to have been done, uud catechised Vocke severely snd sulmadverted upon his conduct, and he (Vocke) justliled him+ self to such an extent us to tnove him (Moses) to state that he (Vocke) was eutirely fonocent of any wrong. He (Vocke) said this was the better way to dispose of thuy stock, “DId the factr he stated canvince you that wyou wore wrong in objecting to the muanver ju which the thing was done{” “ No, sir,”” ¢« You still hold the same opinlon?" “Yes, Ihad been inforined fu the morning before I went to the meeting that cither Gen. Leake or Vocke bad been lo Felsenthal & Kozminski, batkers, who had big on the stock, and asked them to make no bid, or 8 very low bid, und I went to the incetlog somewhat prejudiced_and angry st the posftion of ti State laws, he hnd pafd Rosenthial & Pence what he (Judge Blodizett) considered extrava- ant fees. ‘Flie witness told the Judue that udge Willlams had_approved these hills, and that, I he Juage Blodeett) were to confirm Vocke, e would have charee of the matter and regulate the fee question as ho thought proper. In this Interview Judee Blodgett furihier said that Hesing and_ Rnster had bevn talking with him, nnd urging Vouke's wppotntment, and that they bad done Voeke more Larm than good, Witness told Vocke, however, after this inter- view, that lic thougit the Judge was somewhat lnoh‘flcu. and that he (Vocke) could get the ap- pointment. And subscquently he did pet it On the cross-examinution by Mr. Knlekee~ bocker, Mr. King suld that Vocke told nim Hesing had been to sce Judgo Blodgett. ile supposed this wua at Vocke's request because Vocke had told himn that he was poing to get what assistance he could, . Wituess hudn’t beard Winston's name mentioned in connection with the appolntment, Mr. Goudy vifcred fn evidence a certified copy of the actlon talen ut the creditors’ meeting, hield March 15, 1872, at which Vocke was efected Asslgaee, und of the approval of that nopoiot- ment by Judeo Blodrett, together with Vocke's acceptance, dated March 18, 1872, It was Itomer Cook, who had lived in Wauke- gan, ‘Witness knew riothlogz of the relatfous between Cook and Judge Blodgett, te couldn't say that Cook was recarded as & protege or speelal friend of Judze Blodgett. The Judge appointed Cook an Assfunee in one case. Wit ness didn't kuow that he had an opinion about Cook’s belugr o protege or speclal friend of Judge Blodgett, but be knew that hie was _very mad at that time, and threatened 1o kick Cook. 11 did not know thiat Cook used to be in Judge Blodett’s ofllce before the Intter went on the beneh, Under the stipulation, judi- ment couid have been entered instanter in February, Mareh, or April. Ile wrote the letter to Vocke becsuse he thought he (Vocke felt weak-vnecd, und needed backing up, und he (witnoss) felt indignaut that Hesing *hould even make the suerestion thut he should be let off. Witness didn’t know that he (Hesing) could not pay. **Weren't you fearful that Heslng would over- como Vocke, and be let off 1" “ 1 thousthit Vocke needed a little moral sup- pufl.pnuzmvr], and my letter would probably give it to himg nov that Vocke didn't attend to bis duty; T think be did, und wanted to.” * Why didn't you go to Judge Blodgett if you were fearful of this thing, sud warn hlin of Judge Blodgett Expected to Go upon the Stand To-Day. GEN. LEAKFE. There was more of promptoess yesterday worufng fn the resumotion of the Blodgurt in- yestigatlon by the Congressional Committes of Inguiry, the punctuslity no doubt being due to the bint §mparted by Chairman Knott the pre- vlous evenlng. The audlience, being restricted to the posseseors of tickets,—which have now become & very desirable commodity,—was suall, dignified, andorderly, and the Commit- tee, the partles, uud the represcntatives of the third estate could hear wliat was sald and trans- st business without beiug compelied to use earbugles, and swithout dlminution of thelr patural and acquired stock of patience. ‘As soon as the Committeo and parties on both sides were In their scats and ready for business, ten, Leake sald that, in thinking over lls tes- timony given on tho previous day, thero were - - — the relations between Hesing and Vocke, and” Yoo thres pluces where it scemed o bim an | MAER ~ Up to Uit bme 1 was lgnorant J. B. MUMULLEN, tiat Vocke was gettlog wealckneed " ™ {nference might be drawn about things thatwere | frm, . Felscnthal, I - think, told mo | James B. McMullen took thc stand on Mr. In the firat place, I was ot called on, as nllcrne{, to go, und, in the second place, the Judge knew whbre ahout It than I did—Kknew what was going on, snd Tdldn't. Vocke told e he was golur to take steps to get a judement agninst Hesing." Goudy's summons and testificd that YVockecame to hils office,—~he was then a banker and broker, —No, 105 Washington street, and asked him to elther Vocke or Leake had been to them, nnd asked them ns a kindness to Mr. Iesing to make & low bid onthe stock. Knowing that, I thought there wus some lnpronr(nl{. he bankers, and was notsald, and he desired to sdd one or two state- ments to his original testimony, partly on his own sccount, and [n justico to all partics con- cerned. ir. Knott.asked about 1 buy these Hestg uotes sceured by the Staafs- I 3 Counsel on both sidca intimated that they had lp}u:me:i‘o_f‘.fl me':r offico was in the Staats- fi":‘""’l stock. . “""’“' k“‘k'-'d a 1o o(‘h'k-"ffi’fc,‘ '.’."u"'l','f.".‘;fi?.irfi'ffii ,\lx"" lkl?sgnr'm(:t-l:fl 20 objeetion. Zeitung Biaking. e Smouut of the stock, and Vocko |y St Vocke came to hishouse, Witness told told him that he was zoing to sell the stock under an order of Court, The witness suld he'd think about {t; thut the stock had beem very valuable, but it hud gone throueh the fire Col. Cuoner read Felsenthal & Kozminski's letter, in which they said, * Belug entlrely un- acquainted with the” real or market value of the stock,” and not “*having any ineans” by which him *1t was done, and ho had to take the con- sequences,’” “ What excuso did be pive " “1le sald bie had acted under the order of the Qen, Leske—1 wish to state that, with rela- tion to that meeting with Judge Blodzet, which was referred to fu Mr. Hesing's testimony, at the time tho alleged corrupt arrangement was | they would be able toIntorm themscivento thelr | and ils value was much inore questionable at | cour” und hiad done the best I } v dacl s e thy L was o . The y st hie conld. lie made, that I never heard of ft, directly or fodi- {a‘l‘!lcl-r.!'.'m"““ou' they “daclined to make auy ;::l:ul:ht:'ls'll‘::t’hu ,l';nd‘“'fl::; ;fil:ll;\:‘l:gfygl|ll):: seemed to bo muoyed and ereited=-feit had ubout it, hecause bie hail been reetly, untll I read It fn Mr, Hesing’s published at-haule the ereditors’ meating had not been held ™ As to whother he asked Vocke about this | could have bought, he supposed, If the invest~ statement; and thnt fn all that was ever sald " . » ment had commended ftself to his jJudgment. o= _ between mo and him on the subject f:,'lflf:‘df&',’,'fl?‘,';,fmmmb"r 1t did not comoup [ B0 oross-cxamination switness said ho had adhaviesn toabhaiiling ket lis fearels \bere wes not the alightest alluslon made | On crose-cxamination by Mr, Goudy, witnoss | Dever recelved a letter from Vocke, na theatlier | o 4o 'toqn ar Seakiuling P lud o Ucga sul: to I destto to stato further, | sald thefacts in regard o tie sle wero fully buakors und brokers'dii, to Wd for e atock. 1 tiesn Tlesing had been—" presentes he creditors' meeting before the ] v RS - | 4, ™ 1 with relation to the meetlng at Mr vote wus taken, ‘lliere were mw‘fzm 500 und PRLSENTIIAL. “ DI you giye-bim a ‘cat-haullng? for what he had doned Y ¥es, for what houmnlght do. 1 didn’t want him to do what Heslog wanted him to do.'” Witness never heacd of an arrangement _he- tween Meslng und Judee Blodgett to the effect that judizment wad not to Lo entered ou Hes- Inge's notes. . Yo prnbnbl?' would not have koown suy- thinz about it1? “1 leave thut to you.” Witucas did all the legal business for Vocke except formul wmattors, which Vocke, beinz a tawyer, conld attend to himself. Hy had heard . 8, Sulomon note for $4,000, securcd by citing stock of the par valus of £4,000, but knew only from what was totd him of the munnerinwhich it was surreuaerod to the Staats- Zetuny Commn{. He had vever seen Mesing's petition settiog forth that its pledeing was un- Tuwtul and fraudulent, belng "old “stuck which bad been called fn aud replaced by now certifi- cates, Bolomon cla hat he hind mislaid ity that Voucke had refus to comply with a de- waud for fts return, but intended to aell the stock to make guod the note; wud praytug for an _injuuction to restrain him from selllug, Locwenthal's,—at the Intéruational Bank,— where the Interview with the stockholders of the Uermania Insurance Company touk place, that I never beard of that uaill Iread 1t in tho testimony hefore this Committees and that in whatever I may huve dooe or advised it never was fn relerence to anything thut 1 koew of that trausaction. 1 desireto state furthier, that with retatlon to this payment of §3,600 that Mr, Florshelm testifled about, 1 never Lieard of that, or koew of the negotiations sbout It golng on wail | read it in the testimony. I had heard o ¢tumor of somo sort, but not from Mr. Hesing, that in some way ho had been bled by Mr. Florshelm; but 1 all the consultations, or in anytuing 1 ever advised or bad to do with that all of that wus entircly unknown to me. T 1 wauld like very much to add unother remark with relation “to what sald fa the angwer drawn out by Mr. Cooper about the reason why 1 thouglit execution vould nut belevied, 1 did not mean to couvey th Idea that Ibelieved Mr, Meslug at that time to be pen- 1,000 creditors. The ineeting had not been well advertised, ‘The Staafs-Zetuny aitempted to conceal tho fact,—would nut publish aoy notices of it. A large wmajority of the clalms were represented at the mcetivg. The policlos had been bought up and consolidated. Witness felt bad about the resuit of the vote, 1lu hud vo support, though e thought be ought to have hsnb l-nm]e, sizce ho made u very strony speech. iniics. ! Mr. Knott—Was it make known to the credit- ots that Florshielin was to recelve $1,100 over and above his dividend, Bleson §600, und Weth- crell 8700 or $3001 SIL T had known that fact, I would have pre- sonted it to Judee Blodgett on the spot, for L think it was a dlsreputable transaction. I never koew anything about it until it caroe out fu this {oyestigntion.” Mr. Culberson—IL it had been known, do you thiuk your motion would have been lost “wNo. 1 think Judge Blodgett would have set aside the sale, The reason why it was passcd was becauso it was supposed to be the best that could be dune.” M. Frlsenthal, of Folsenthal & Kozminski, private bankers, was call by the memorialists, and stated that he knew both Vocko and Leake, Vocke had handed him a cireular, fnviting his bid on the stock, nod witness replied to it fu the lettor which has been read durfug the fnveatigation, Vocke having requested him to reduce his verbal reply to writfog, Ile did not recollect thut anything was then eald as to the value of this stock. 1lc bod on fdea that hls bid was uot wauted, but whether he got that fdea dircetly, or whether It was an {mpression recelved since, he did not know, Ile thought, however, that be gatned (L from the interview und from the surrounding clreumatunces. That 15, he knew Vocke and lesing were fricads und wouldn't tight each other very bodly, At the ssme time, he conld not have ¢iven any other anawer, even If o had uot had thut fni- pression, b as he had stated In his letter to Vocke, s otes were pust duv and he (witnesa) couldn's get any sutlsfactory informa- e tion regaraiug the value ‘of thut stock, niless, and so forth; to was s very close ques. | Col Covper—Was it made known to the ered. | B4 80" ot sy cxamination witness sald tne | Al 8w oder for the o retura ot tionas so what I could with propriety—profes- }:‘;:; ‘l{’l‘l‘!’p‘l’l’!‘)‘lh “f“"""flm'l"’fil"u‘:','"“’l’ concealed | on1y’ person who could havo given bim \hut fu. | tho certilcates to the petitioner. Nor swnal propriety, I mean—say us (o what I had witness seen the report of the Reglster o formation kuew, Al 1 meunt to convey was this: thatat e [ 4 yes, §spokeof that.” wus the mannger of the Staats- the tter, or the decree entered by Judee 4 wiyas it mado known that, on the yery Tth of | Zcuting Company wlo, not being Iu.tewnua n o 2 & :m; ylnc‘(fl tangible property of which I had hl:}xt?f‘r sale of $4,500in msscts was mude pub- was no suggestion to himn'to put §n u low bid. A !:ulherlon—llnw many lawyers arc there uy knowledge in the pussession, or under the | licly In reply to Mr. Culbersun, ha suld be did not | in Clicagot ‘That was not made known. 1 may say, for my own justification, that, prior to the metting, I'went io und looked at the order-buok, un found that there had been soine coucealment, 1was n-ri budly frupressud with the wholo mat- tor, und thoughit sowne fruud hud been commit- ted. It was new to me, and Laldn’t kuow how to trace up the different threalts to sce the com- bination.” Col., Cooper said there werono more of his witnesees preseut, Mr. Busse, Vocke, and Felsenthul were yet to b called. Mr, Goudy remarked thut he had more, but thought ti¢ isemonuists ought to put fn their testimony as soon as possivle, Mr, Koots hoped thut would be done. Col. Cooper understood Vocke, was still sick. Judgoe Trumbull wald it was éluted Monday thut he (Vocke) would be present to-day (Luvs- * About 1,100," “What proportion of, them are members of the Bar Asmsvclationt” " About 200. A large number are always coming und gofng—stay six wouths or s, tid then feave.” Col. Couper—Are those outside of the 200 floating attorneys 4 Noi counting up 100 more, and you would nclude all of those who do the substantial practice of the elty, ‘There are a good man: younis men o the Assoclation whodo a rood bustness. ‘The leading lawyers, with few cxeep- tions, are members.” control, or subfect to the llen, of somo ereditor, who 43 alive, {o such o way thut uo’ execution Lsucd on this judgment, it obtalned, could possibly bave reached hin, wnd that, i1 the As- slgnea bad aticmpted it, it would have brougiit U numerous replevin sulls, or other machinery ol the law, which contli g creditors, whers Property fs not auflicient to satisty both, resort o fur the purpose of determining priority, ol elieved, wud beiteve now. e Chalrman—Are ovtiat re you statiug fucts, or your Gen, Leake-—I am stating what I betleved In felatlon to Lis Insolyency, und why § suld that 1 'i‘{" nut believe on execution could haye toucked r. Heslug's properey. That is ali 1 desire to y. . L. Cooper—(en, Leaks, I understood you f: 8 Hu(urdfl that the only councection you t'erlx With this Germania Iusurauce watter x:lmm‘ply drawing this order aud taking it up e Coust, a "80far as 1 now remember, except an incl- 'cnm conversation with r, Hestug avout it in fowe way, wid except the Intormution I muy mlvu glven Mr. Vocke and othier persons of the Solveacy of Mr, lesiog.” What do” you mean byan incldental coo: Yersation with M, Heslugl” i i ncan that Mr, tcsing was {n my oftica b ‘Oually ubout his offsirs gencra..y ut that "me. thut I knew ho was very anxious and dis- ;;l::l Soout this aduitional Indebteducs thut et #h recogulzed or asserted by the declsion xwdfi Bupreme Court; sud thut there was & e deal of couversation ubout it, but vt the % less ol the: Uermunta was wob wy vusiucss a“y way whateyer," uess further yaid he had uot fuquired Dmul e chattel woriguge ou M. Heslug's i ‘:"ll broperty, und regretted fng sald Yo piug sbuut ft i hls testinony, because all He p w |:|Imuu it came to him professionally. recollect talking with Adolph Moses ou the aub- Ject, ulthougli iU My Moses, sald bo had had such b Interview with him it niust be o, as ha bad no reason to doubt Mr. Mosca® verselly, v A. M. PENCE./ Mr, Abraham M. Pence, of the firm of Rosen- thal & Penen, attorneys, was the next witness cxatnined by Mr. Goudy., Ho stated that prior to the fire his irm were attorueys of the Ger- mania Tusuraueo Company, uinl he was also a stockbglder and policy-holder tu that Company. Alter the fire, 1 which all theso fusurance com- paules were rendered lnsolvent, Gen, Bwith fited Lills ou behalf of the Auditor and Attorney- Ueneral to wind up thess concerns, Mr, Vocke cume to him oud stuted that ho would Jko (o be Recelver of thy Germanla Insuranco Company, und he nated the mater o Gen. G, W. Swith, on whoase motlon Judze Willlams appolnted Mr, Yocke Receiver, He ulso induced the creditors to elect Mr. Yocku Assiguec alter the Co was put Into baukruprey, und after tho el lie beard thut Judge Blodgett was not disposed to coufirrm It becauss some uther man hud gone to him aud oppused Mr, Vecke un the ground of his having charced an axorbl- tant feo for seryices in the State Court; but flnally the electlon was coulrmed. Witneas weut o to glye u narrative of the history of the sults brought agufvet stocklolders of the Ger- wsuls, who sppealcd to the Unlied Btales Bupreme Court because they thought their policy loéses should be tuken fnto sceouut as a set-ofl ugatuat their stock Nabllity. After the decision of the Supreme Court, all thess peopls JULIUS ROSENTITAL, Mr. Jullus Hoscuthal wus next culled and ex- amined by Mr. Goudy, e sald he had Leen law psriner of Mr. Aprabum Pence slice 1500, o was uot presc . at o meeting at the Tuter uatfonal Bauk in Februsry, Mareh, or Aprll, 1574, ut which Florsheln, Slsson, Wetherclt, Hucek, Roelle, Loewenthal, Worth, and Juecer were prescuty nor did bo say st such mecting, nor at uny other pluce, thut he had noobjections to Mr. Heslog's gotting out of the lallity he wus under to the Germanis Insurance Company, but 1hat he objected to any other debitor's bejug treated in the same way, 1o never sald auy- thivg of the kind. Ha objected to anybody's eetting off, He nevor heard of that stateueot untii Mr, Hestog made it the other day, Ho heard for the st U ju e coursg ol Guls ln- vestigation thut Mr, Hesloe had mude o private wrangement whth Jucdize Blodgett by which bo was to be fuvored inoegard to Lis tabllicy. On cross-exmnination by Mr. Cooper, witoess suld he beard of the meeting of the creditors of the Germanda Insurauce Company in Jauuary or Fobruary, 1674, at the Juternational Bank, day). } énl, Cooper would sce thut ho was oo buud after the reccss. C. ¥. PIEISCH, Mr. C, F. Pletsch wan called for the respond- ent, und was put through sn examination by Mr. Goudy s to the dividends on Staats-Zeitung stock, the condition of the Compuany in 1874, ete. The toating debt in 1874, te thought, wos $150,000, nnd the reduction of the debt In 1873 sbout $25,000. Inssmuch us the witness didn’t appear to be yery sure of his flgures, - Mr. {oudy requested hiuk to g0 to his ailice, look up the buoks und papers, und tu return prepaged to stute what )lld been the dividends each' yoar from 1873 down, the floutiug lndebtedness for 1872, 1873, aod 1874, uud how wuch the reductlous therson were fu 1873 aud prior to the spring of 1874, Alr, Pietsch returned sfter u time und was ex- smined by Mr, Uoudy, Ile was usked to state oeld g the dividends declared by the fUinols Staats- | pald up except Ar, Hesinn \Witnuss made | was pul preseut at it. The object of the i gl pagppiierteke 1o vey it e af- | UL Company trom 1570 o tho preavat thne, | beveral fruttiess oflorta 10 gt e, Hlestug 10 | i was Lo dlscues thelr commosuetion, 1t was and demurred ot the outset to giving the later thelr st dividends. Col. Cooper objected to the question as re- quiring wn unnecessary showiug of private busi- ness. “M¥. (loudy sald thet Mr, Washlogton Hesing hieid before they pa Mr, Rosenthal wuas ulterwards recalled by Cul. Couper nud d &3 20 the creditors’ uiced- ing at Loownnthal's ollice, Al Le could sy wua thut he understoud, fu advauce, that it was to be lieid for the purpuse of taklug concerted Ot true, nor that Mr, Healng" g g's testimony as "&‘:luumumm with Judge Blodgett w{- not it ll: unglit be all true, Lut he kuew notbiug IM)', utnd Mr, Vocke cam to him and suhthr. fesing was the bene of bis exlstence,~thut lie coutd vot et bhn to pav. Witness wrote 3Mr. Vocke & letter, und I"?L'd him to cuter up Judgment axainst Mr, Healug; he was deter- ined to make bLim pay; snd he afterwards WASHINGTON IIESING, Mr. W, i had already testiied on Wie subject fn reply to | learned that Mr. Hoslug wus abusine him | action, but be wasu's tiero blmsclf, e O‘l:.l‘a[nzt?n Heslog was theu called on | e memur’hlhu, whiereupon ui‘a ul:jucuun’wu soundly for his Mterturonce One eveniug Mr. L - Kukl, 'Ybo(‘t meworalists, aud examined by Mr, | withdrawu. Vocko cas to his house a good deal agitated, G, W. KRETZINGER, trbocker, Ho said he had beeo connected | - Mr. Pletsch then guve the alvideuds, os fol- | und sald he waoted to do his duty, but bu did M 5 Q. W, Kretzinger, lawyer, was caljed 3 with the Qitinoly Staats-Zeltung stuce the fire, lows: Ou Iet July, 1574, 15 per cent: 1st Jauu- | not kuow what to do tu the mutter, Mr, Hesing Goudy, umhcnlflud 1hat l‘la had Lfic‘l':{' i’:fi ad uwye ¥ r cent; 75 Whe stock of the | wus trylug to place bis finmenss thumb upon Catly o 2 the stock. In the apring or A L o0 s o duly, | Mo s “ e ik mpteacst. "o | Mr. Hestung b relation o a bill Gled fu 1675 by nked B gy g W3 Mr. Heury Greencbsum 1875, thiére was no dividend; in Javuury, 1870, 5 | uucomfortable, He told blm that thi | Christian Fers, of Now York, agalust I, B. Bk ¢ did not waut to borrow soma | per cent; July, 1870, 5 per ceut; July, 1677, 7 | ordor b been obtsiued to well the | Miter and tho Jdinois Slauts-Zetuny Company, 7 uiid be said be did not &t that time; but P" cont. Ou the ist Junuary, 1874, the total | stock, und what Le had fgots awd b a0 ihe tax ou its cagital stovk, Beveral ) ndentedness not sucured by moriguire was 372+ | thut tue order had been conflrmed, probably Yme e wllerwasds be borrowed from Mr, Greenebay, 020; on 1st Jauuary, 1874, $114,000; outrst | nisl, Mr. Heslog spoke to bit oneo sbout the other corporations Lad slmilar suits on their By spanes bop0,00 bls own note, secured by | Jighiary, 187, the moptgage debt 'was' $05,000; | elcciion of M. Vool ua Asslzuce, At ons thuo | hauds, und a priuted bill was propared by 3ir. 00, laats-Zeitung wtock, worth | ou 1at’ 'of Junuary, 154, 853,000, A loau was | be desired to eloct lls partucr, 3r. Kosential, | Beunett to sult ali cases. The uformation he it o, 4 was when tho capltal stock was | mado u yeur ago for the purpose of retirlug this | but they came to the couclusion thut they wuuld | gugired to get of wituess, who wos sttoracy for 2oz In 1673, witness borrowed $5,000 | General ludebtedness. corfing thewselyes to thielr own buslucss. complainaut, wus as to the smonut of capltal o Mr, Bolomon A, Smith, Prealdeut of the | _ OP tross-exsminution by Mr. Cooper, witavss | thero bad been any legnt questlouy, his frm | COUP 1 U3 ey erebants! Saviugs, Louu & T 5 repeated that o Lt Juouury, 1574, the foating | would represeut thewm, but they would not pur- | stock autborized, the wmount paid up, the i ow pgurines, Loau & Trust Coupany, on | Gubi- waa $114,000, und tho Mortiugo Gcbt Was | ticipate I setuiug up o ulluliy of tio concern. | tndebteduess over and ubove curpent ex- s und ity shares of stock, vatued st | $35,000, My, Hlesing cawe to bhn und spuke to him | peoses, und the value ol the capital stocl Ar. u"u'.',hfn the capital stock was $200,000, I answer to Mt Culberson, witness sald Le | mbout the slection of Mr. Yocke. * Witucas told r. Heslog called sume ons lutu the roou Bune u(lfiv Schinelder, Presideutof the National | did not.wake un arravgement with Mr. Klor- | Hestog that it was bis understandiog thut Mr, | whom ke told to furnish the informstios from e pliin, linols, was one of the proprictors of | sketm by which be was to receive $4500 in con- | Vocke sbould by elected, and that Le inteuded | the bool ‘the item of 16 cents u dollsr, or 15 u‘_‘m‘l' Staats-Zeltung, und the sawe person | sideration that be was to luaky uo oppasition to | to vole for bim, becdusy Mr. Vocke already bad | per cent, as e vaiuo of the stock, was placed il _.‘,'“Uxu letter to Mr. Vocko {u which be | thu consummation of this sale, Hu hud noth- | charge of it, und was Lamillar with its alluirs, | on the picce of pasr witacss submitted con- . ¢ valug of the coliatersls | fug whateser to do witn it, uad did not kuow of | wud witucss kouw of 0o resson why ke whould | ialoing hls questions cither by Hesing or some clive o U0% 3cqualoted witk, sud de- | suv one that uo ever spoke to abuut it. not be elected.: The touversstion which bo bad | one uoder bis airections. ‘The juforation was Tow '; vurchase them,” Witness bor- r—— with Mr. Hesing did not ¢xerciso any {ofluence | incorporated o the blauks, sud Heshu swore to Iinoiy {00 frum the National Basok of GEORGE KEMY. aver Lim whatever, Ho did not know of any | it betore u.Notary usmwed Rockafellow, now in Slauty'zy 18 0w note and “fty sl George Keay, bankruptcy eicek fn Mr. Brad- | eiforts wade by 3ir. Licatuz to procure the cou- | lowa., Witness read frot thls sworn atateuscut of pital Yoo ‘g stoek, tu 1875, wheu the frmation of° Mr. Vucke's electlon. He | that the State Board assesscd the corporation at NQ":.I u‘wg-‘wun " Mr, :f "C " esing bop- | 16y's ollice, was called nd asked us to the Value pover was rruuut At any mecting kb tuo | §53200 sy the falr valus of ite caoll.mmck and AY-tag from Willlsw Vocke, secured by | Of Washlugton Hesing’s Stasis-Ze'tung stock. | futernatfonal Bauk, and “never bLeard st | fravchlses, in additlon to fis tawsible property; M ¢ sLazes of Staats-Zeituny stock, i0 | Meferrig to Mr. Heldug's voluutary petition in | woy srravgement Liad been made for the salo of | that L auount thew lssued (August, 1674) waa £200,0: expe 00: that the debt, not Including current L wae EU0U00: amd that the stock was then worth not to exceed 15 centa on the dollar, nnd, fnd property, was warth nothine. On the cross-examination witness explained the theory on which the bilt was drawn,—the scheme o find the taxahle value of the capital atock Tess the debts. of corporations. sepresented the valae of the tanglblo I to the $150,000 d This 15 enendent of the Company’s tanglble por cent lymp:rl)‘ ebt, upon the theory of this bill, was added the 15 per cent, that woull iake $200,000 of capital stock valued at £180,000. W. il Bradford, A voung lawyer who announced that. he didn't belong to the Har Areoristion, coreaboraterd Mr. Krotzinger, nnd wusn’t even honored with o cross-examination. L L. 8 Bond was eall BOND. e by Mr, Goudy, anl testified that Iermann Raster told him last ‘Tuesday that the difficulty In disposing of slock in such corporations as the Slates-Zeitung Com- pany waa that strangers knew notbing of their management; that such stock, placed on the ma nig; ad that the other particulsr {nstance in 187 , would bo apt to sell for little or noth- atockholders, In this were not {n condition to buy the stuck themselves, nud, had ¢ been sold at public auction, it would have been likely to gu at o nominal price, On the rross-cxamination Mr, Bond admitted that he nil Mr, Itaster hiad this talk on & Van Buren atrect. itiem had a; and that” probably neithier of dea that it would be repeated. “the fnpression he got from Raster was that tuster chouznt it better to dispuse of tic stock as {L wag dispused of—at private salo—than by Ite did not state, however, hiat he thoueht it o goud way, In disposing of it to conceal Infortfation about the transaction publlz muction, frow auybody bt about a duzeu pculfle. then get thase people 1o put i low hids, wud Mr, Raster was speaklug of It In a general way, T L. L. Batrd was sworn. was u loan agent, and recelved a fetter—hecoutd not tell the date of ft—soliciting » bid for Staats-Zeituny rteck anid the uotes of Mesing. d not before or atter 1ts recetpt make ut with him by which he was to Neslug o uny urral L. BAIRD. put in « low bid or gone at all. On ero wih regord to otler securities 10 the fetter, the notes of tomer. " We dd Hesing at with making Investinens, o'clock. T Jd. GAGE, After the recess, Mr. Goudy calted Mr, L. J, Gage, Cashler of the First Nativos) Bank, who was asked If he had entered into an arrange- ment with Heslng in the spring of 1674 to ald hiim In obtainlng bis notes and stock eld by the Germanin Insurance Compsuy for less than thetr vaue, into avy su On the cro if he wrote the put In evidenc Mr. Gage sal arranjgement; kuow wiat the value of i 1o testifled that he Taminailon LY Mr. Knickerbocker, witness eat | his principal busioess wos making loans on real catate, but was often called on o not cure to bu any because e Knew searcely anvthing about the stock. e could have placed it If be had thoueht It vius a security that would have satlslicd a cus- He hud the impession that Hestnis had 8 large [nterest in the Company, and understood that he was Lecoming embarrassed ; therefore wituess would not bave been willingg Lo recom- mend tLe stock to a person who Intrusted bim ‘'he Committes theu took a recess unllffl he di He rephied price,'" L4 id not enter thut he did vot Ktock was, xaniigation witness was asked ctier to Vocko which bas heen and [n which Mr. Gaze decilued to tnake a bid for securittes fo & close corpora- tion,—such as this,—which sccurities were un- salable I the genuinene: e ad i market. Witness acknowledged of the letier. cd that the bank did not wish to Luy the stock and the notes anyhow, n. tanks seldom dealt In overduo paper, LOEWENTHAL. Mr. Goudy called Mr. Berthold Loewenthsl, President of the International Bank, who testl- fled that he was a stocklolder (o the Germaonia to the extent of $15,000," whici amount he sub- sequently paid with futerest. al stozkhulders' mectings at his bunk after the fire, but dtdi't remember about Wetherell, e didn't re- 8lsson, or Peoce belng there. newber licaring of any stateinent at anv of theee weetings that Iesing had arranged with Judge Blodgett to be relieved for o less sum than he owced,—he bod never hieard any such igation cominenved. e liad o oceasfon to useertain the value,of the Staats-Ze tung stock, mni-anything he might say” 48 tu that matter would be a mere puess. On the cross-examination, withess stated that there was one of these mectings at wuich he belleved Ilesime or Florshetm was present. T L of hls recollection No did Ing where it was plven out that s waa tot to be talien ugainst Heslug, There wis a rumor to that gilect, though, about statements be the b ber & Judgzes . they couldd unlted elfort, statement, Hesing thuucht to get of Voeke wasn't Wit to Ruow 3 twore sbout " firat intervien."” or sumething of St W bad fypre: tut pressed me e matter. “Why did the tiermaniat" Vocks w: Court. Blodgete. » du‘y or twu mectlng. uot believe w 1 g not pi re this fave 1 thought Vocke wasn't ought to uw us the Receiver.'? Coutluulng, withuss suid he Istions bictween fusing und Vi 1y, althougn ho couldn's Healng's proteg he o Wl ut Lhe sccond, then ™ o 1 'think at the second be meotioned Judge Blidgetl's vame.'" “wWhat did he aay " wilaafth that ne had seen Judge Blodgett, and wua golue to see him seain 1he next duy | thit he thought that he woutd et some rellel, e Liod," 3y before the ¢ suld 7 ared Lo suy that, Alter the judgment of the Court below was contiried, the witness didn't remember any s hupression was that alter this they held s wacting und elthier appoluted o commitiee, or pethups be solivited Mr, Charles 1uteheoes, attorney for the creditors, us to any furthier steps that anliht be taken, After every means of wettivg u rebato was exbausted, they floully eame Lo the conslusion 1o pay. s 13idn’t Mr, Tlealng stule, ut the meettng of stockholders at your baok, that b hsd an ar- ranrement by wihich o wus gotng to gret off pretty caslly,—or sometning to thut elfect (" Witness had no recoilectlon of auy such e didn't remomber juss what Heslug told bim, but, atter rellectuns = few wo- ments, he did retember it was to the e lind sotie miesns of being tavored Ly Vocke or through the Court, so asto et off for less thau (he actual aimonnt he owed. Vithess deemed It sueh su unlikely story at th thue that he dldw't pay much utiention to soue w-{ or other, be know, Hesing was trvtng , s Idea appareutly behnz that Vocke was friendly towanls hun, or would asalst bim. Ihe communlention trom Iesing made an un. favorable fmpression upon bim st the thoe, uid he didn't wunt to Kuow unythiue more sbout it ‘Uhe Impresslon he got was that perhaps log liis auty, and be didu't vining wore ubout it I It vour baint," usked Col. Couper, “when & mun contes to you nod tells you be fn getitor around yourwent to perpety a traud on Kuu, 20 tzis way wich Mot endeavor (o learn suythiug 4 o't sy that It bs my labit.” “ Vusn't ft on sccount of Judge Blodgett's pame belog mentivaed fnconnection with {o that you were 50 shocked that you didu't want upy- tulug toda with it?" 1 dow’t thiah his nanie was mentioned at the e thing thut had sich a terribly on your mind want o kuow suythiug more about 101" o think ft wus he tirst nteryiew that 1 didn’t wunt toask suy questlons, wnd be rather conlided i me Ju cobnectiou with you suek to avold the communles- tlun by Hesing 1o the effect that Vocke was about Lo bo u party to swindliog the creditors of aviog wnat ke pposed the re- ku wers frlend- that ue kpew the may whom Hestuge put 1uto the ofliee of Clerk of the A'm|xus it 1t was his hnpression, bowevc Vocke got Lis sppolntment on Heslug's Kestlon, oF bis interference in hig benall, News rerucinbervd Mr. Moses’ Vigorous wttuck the munuer in which Hesing’s note and stoi werd dispused of by Vocke, but he didu’t re- member Register Hibburd’s stutivg to Mr. Moses thut he would not allow bl to talk soubout hls (Hibbard’s) superior ofileer. s Lo remenberad, make sume remarkys whico witness thought wers very scvers upou Judgo Witness seconaed Alr. tion, but ditfered with hun fn regurd to the ex- act coursu 10 by takien. he was scting uuder the onder of the Courts Justitication ot what be bad dune, appareutly, Alr, Vocke showed the lettere he had uddressed to differcut partivs, aid lue wnowers be bad ge- eelved, aud satd that he had sold the gsacts to the partics mukiog the bighcst offcrs, and that the wale was coaticmed oy tus Lourt. On the redirect, wituces sald that be got the tnformation thut the stock h;nl‘ been sold a8 o The secoud futerview with Hese Ing must bave beuu befure withess paid up hils atock indebteducas. had an futervlew with Hesluz alter thal Lad po turther jutesvat fu couteating ter “ Wheo Heslug muhlw th Mr. Mouses did, Votie then sald that lle remembered uot remeni- L “\What was the rumor?® asked Col. Cooper. H“avell, Mr, Heslng eanie to sue aid told o be thought he could Lo favored in sowe way." * Wusti't there an effort on the part of the atocknolders to get out of this boat the best :fTect thut . In you didn't W Musea’ wo- u creditors’ le did 1ot tbivk bo us be 6 mate ¢ statcinent, you did 1u substance, Judge B 9 swvorn that witness puid bis lability bank-book i which thern was & credit to him (Vocke). aml asked If that was true, witness safd: "} suppose that s truc in the way in which he looked at it, He testified that ho was a8 regular habe o busincss, amnd on that groucd I excused i, though it would teflect discredit on any bank officer {f [t was true. 1 egave Vockeacheck for $18,160. |Check produceds| My deposit at the tine was §14,- 315,57, Several dags before the payment was made, Vocke proj d, If It was any aceomino- dation to me, to feave the money on deposit in the bank, 1 told him I would be elad to have him do 80, also & stockholder fn the hank. orited the elieck, and I gave him a bank-book, eh. 14 he deposited $5,000 he had collected 204, e checked it out that day on a checl pasable to the order of the Nativual Bauk of Illinols. Vocke bezan to pay the dividend sumu tiise (o May. WILLIAM VOCKE, Mr. Willlam Vocke was then called by Col. Cooper, and took the witness-stand. Col. Cooper—Hare you brought your vouch- ers as Assignee, und your checks,~your private checks required by thesubpena duces tecum Alr. Vocke—1 liave not. Col. Cooper—Then I dv not want. to examiue you further until you bring thens, Mr. Vocke—I wish to state to this Conrt that, it is utterly impossible for me, alter tive years huve passed sluce the last meeting of creditors, to collect my vouchers und privata checks, which 1 have not kept for wuch » period. My accounts, at the time ol the meeting, were paseed upon nnd found correct. Thevy were exsmined into by o committes of creditors, examined by very shrewd and able wecountants, atd every item in the accounts wos found correct. It is utterly fmpossible for mu, after five years, and In the coudition In which 1 have been within the Jast fourteen days, to gather all that stull together and bring it here. Cal. Cooper—| will tell you what I want, then. 1want the checks which you drew as Aseignee of the German Insyraoce Company Letween the 1st of March ami the 24th day of Aprit, 1574, Inclusive; T want your private checks, which you drew upon your own private | nceotint, from ~the Jat of Janitary until the Ist of May, 1674; and 1 want your Lank pa us Assignee, u us between book your private bavk pass-book, 5. Mr. Vocke—If I can possibly find It, you shall huve it, every bit of it Mr. Goudy—1 de not sce what possible rele- vaney thut’ has 1o the lovestigation ugulnst Blodgett, Cul. Cooper—I am foreed, thien, to make this explanatiom, At the creditors’ meeting, Mr. Vocie asked for and was allowed $1.500 tn ad- ditiun to the sums which he had recelved 02 Assignee. ‘The other day, on the ex- amfation, ho testified that he was pail for these notes and stock of Hesing, 5,000, by getting a credit us an in- disidual depositor {n the (lerman Natlonal Bunk, Tuat would have been on the 20th, 21st, or 224 of Aprll. Now, an the 23d or 26ih of April he draws ngalnss s account ns Assignee Iu the Nutioual Bauk of Iilinois, not $1,500 ad- ditfonal for services, but 33,000 {n _ond check, which passed to Lils credit {u the German Na- tional Bank, and {n addition be draws for 82,500 more, Now, these cheeks were hoth counter- sleued by the Register in Bankrupteys und, as his accounts show, make, In addition to 39,500 which hie had recelved us Assfznce i Da runtey and was allowed by the District Judge, €5,000 more, making over 14,500, Now, that 13 the way thismatter is prescoted to me by the statemetits which I have from the records of the eourt. I 1 have done Mr. Yocke wrone in this mutter,'l will very checrfully, ua he knaws, take It back; but there i something very mysterious o8 to what that chieek wus * drawn for, In that way und at that thwe, und I think I have a right to kuow, wherever (b reachos, It may not reach Judge Blodgeet, and It way not reach Mr. Vocke, injurlously: 1t so, all we have to do 1a to explatn it, und that Is the end of ir. Mr, Vocke<1 will explain that, Cal. Cooper—~I do uot want any explanation except In connectlon with the check, Mr, Vocke=—Ail right. 1 have got eome of the checks with me, to explain that very ftem. Mr. Goudy—It 18 clear from the nlufi g udize avbessrmalo- tiat that euimot HOSRMIY wilee Hivdgett In nn{ wue' whatever. IUia a question 25 to whether Mr, Vocks bias charged his dutyns Assignee, Mr. Vocke—I would, nevertheless, bog you, gentlemen, to sllow e to explain it. ‘The Chglrman—Watle the Committes have been extrehely Hbera! [n allowing witncsses to come (o, they must lusist upon the nlcvm&»‘y ot this matter Leing shown—that Judie Blod- gett must be In sume way counected with it It [s n waste of thuy Inguiring luto these col- lateral matters, Mr, Vocke—I wish, howeyer, to be permitted to cxplain that, beenuse Col, Cooper labors un- der an erroneous Impression. 1 can call abovea dozen wituesses o siow Ut he §s nlstaken, 1 waa not allowed $1.500 at that mecting but $7,600, and this 35,600 check was a part of the allowunce of 1 have since found the other check of $2500, which 1 sald I had drawn on the Mechaules' Natfonat Bauk. ‘I'he reporter reported me erroneounly lo stating that 1 had unly been ullowed §1,0K, - Col. Couper—Why did you not, In your ac- couuts ns Aesigoee, filed under vath, report this $7,500 drawn in the monthiof April, 15744 r. Vocke—I dld su report 1o every wecting of he creditors, “Why dld you not report these nmounts a3 drawn ugal) ce's accouut ' * Beeause o wnounts were reported Inthe sccount whick I submitted to the meeting of the creditors.” “DNo vou not remember that you only asked for $1,500 In vour report, aud that it 1s shown in your report as Assicnee,—#1,600 in addition tu Wwhat you had recelved (" “That 18 au entirely ditferent item. In mak- ing m{ flnal report, & year and a hatf later, there wus §1,500 reported as additional fees.” “Here is the point: lu yaur report tathe creditors at thelr meeting, did you not usk for only $1.500 in addition to what you had slready recelved” “Nu, sir the allowance that was made to me, dlatinetly sand expressly, was $7,500; and Mr, Moses will certaloly remenber ity ainl o witl Mr, Pence. The account contains every item of recelnts which hud come 1o wy hauds from the precedivg weeting, and every item of expendi- ture; und in addition to that' L submitted o re- vort ch simply cuntuing 4 computativn us to the dividends to be distributed,” *“With this 87,500, how much {n all did you recelve as Auslgncel” “1 believe § recelved—I will be s exuct us I possivly can—suy £14,000 or §17,000." On cross-exmuination, Mr. V safd that no muney ever passed frot him fu any way,dircetly tr |fidfireulh to Judge Blodgetl, or for his enciil. LEONARD SWETT. Mr. Leonard Sweet was then culled on behall of the reapondent. In wuswer to Mr. Goudy, Le suid he wus vne of the altorneys of what was kuow as the first hatch who were fodicted for defraudiug the revenue, consleting of seven or elgit recullyingand distliling establishienta, and twelve or ffteco dividusts, o bed kuown John A, Logou sloce 1853 or 1853, and very well sluce 1857, e hud beeu on very fricudty terms with Mr. Farwell sioce he tirat ran for Congress, fle did not kuow Jusper D, Ward {otimately, but he bud knows him for a good many years. [owas in no way {uterested in procuring the prosccution of charres to be made agaiust Ward, Farwell, or Logau, Iu was (ricudty with all of thei with Logan his relutions were perhups more thaa friendly. o met Lozan under tircumstauces that drew them pretty closely togethier in 1857, und they bud been fricods ever sloce. He was especially friendly with Farwell, and ald uot kuow woy- budy fu the city to whom he would respond ou = personal eall wore readily thau he would for Mr. Farwell, He never wade the shightest efort to induce Mr. Heslog to “squcal’ ou Lo Farwell, auud Ward; vever thoughbt of such a thivg, “Did you meet Me. A, C. Heslug in the ‘Tivolt, nud sk bim for & private iterview, und #ay, ‘1 wanttohuye s little talk with you, Hestoug; now, you lle dowu oo Ward, Farwell, wnd an, utd you cau go clear’; and b re- plled to you, ‘Biweti £o 1o bell 1 *+ Well; all thero by true of that is, one timo 1 wet Hesiug at the Tivoll. I would like to ex- plaiy tho Lrcumstauces sl surroundiug facts. As [ bave sald, e first bawh, by an arrauge- mout of thelr own, wnd muinly without the kouwledgo of thelr couusel, wade b urraoge- uient, or the prellmluarics of su arravgemeut, with the Governucut oftleers, by which they were to turn Btate's evidence, After thearrauge. went hud thus been mado by themaelves, without thue knowleudize ortutervoation of theirconnsel, — I had u slighy ukling of ity but [ had vothing to o with it,—an arraugement was perfected st their request between the Goverameot coussel and Mr. Ridoey Sith uud myself, representive theau wew, by which they would turu Btate's o Influence that to Col. Cooper, who stated that And he also asid he would deposit the money he cgllected ' from Bauer, who mas Vouke do- from Bauer, atd his account then showed S‘A‘:E “ETrubiliLy O evidence, and they mnde a statement in writlog, which was taken down by the reportern, of nll the facts and circamatanses connceted with the conspiracy to defraud the Governtaent. It was agreed between counsel, and all round, 1hat that should be kept sacrediy atill: and, as ft did not get ioto the newspaoers, it was guessed oty and everybody was fmportaned by the report- derdtand, it was announced in the papers, or binted at, that togau and Farwell had rome- thing to do with thin Whisky Rinz: and it wus keptup. A month before this interview wiih Hesing, I had seen Logan in his house, and told Nilm it must be annoying to hirh: that I knew all about the revelatins made by tieze whisky men: that [ bad heard their story an Indefinite number of times, and I was happy 1o state to him that his name woas not favolved In it fo the remotest degree; but, o the contrary, that from the atory fiself, aoy- hody hesring it could sco that s Had no con- nection with it, Now, after these men madd this statement, there sere stillithings happening every day or two by which it was neceasary for me to see them, They wero acattered over the town, und they had an nrrangement by which they were to take Junchies at the Tivoil at 1 o'cluck, as & mode of g)eu.lnz: together tliem- selves: und, as I would need one or mors of them ot my office io the day, I zot in the habit of sending one of my office-boys down to the Tivoli to tell anybody hie might find to coma to my office, or hunt up anshody else. In that way 1 koew that they were present at the Tivollat L o'clock, On ‘one uccasion, heinz {n that vicinlty, 1 went foto the Tivoll mysell to scc thew. I met Mr. Hesinz supposed—at lesst the thought,crossed my nind—thnt he would think 1 was the caues of thescmen’s turning Ktate's evidence on him; und 1 did not kuow that he would want to speak tome, [ would state that in the ten vears pre- vious I had not talked to Hesing teti minutes attogether. Our acqualutance was simply that I Uowed to hitn when I saw him on the street; [ never made a request to him, nor he to me. HSeelng hie was disnoseld to apeak to ae, [ spoke to him, und we bad an ordinary conversation nrobably from fiveto fifteen seconds, nnd then bowed 1oyself uway from him and wentto my clients, to do whatever [ had to do. Now, I hat no fnterest in his ‘turning Btste’s evidence, nelther had any of my clients. I1f [ had sccu anydanger coming to elther Lozan or Farwell, my relations with themn were such that T wouid have run to them sl warned them; buz trom vy short appesrance at_the Tivoll, a pli:e which I have been ut probably three or four tlines,~-1here were a hundred ipcople there, per- haps, Laking thelr luneh, aud the conversation I hud with [lesing could be heard as readily as now by auybouy standing amongst the crowd,— I uever dreamed or thought of such a thine tili 1 heard thir siory from Hesing," Un re-exatination by Col. Cooper, Mr. Bwett safd he was atiorney for the frst bath, whose eatablishments were eefzed In May, 1875, They were indieted {o the fall, inthe United States District Court, presided over by Judge Blodgett, The arrangements for immunitv were tiade, as near s he could recollees, about the middie of December. ‘The terms were that they were to recelve complete Immunity fromn all riminal prosecution growing out of this transaction, In consideration of the fact that they teatifled truthiutly in reference to ail maiters within thelr ‘kwowledge. Ile was onl; In eourt once during the trisl of Daniel Munn, and once during the trial of Rush and Pahlman. He saw some of his clients on the stand. Ife had no knowledee whether, between the month of Decembier, 1875, and the time when theso trials took piace, in March, 1870, Judge Blodgett kuow anytulng about the Immunity arrancement. Ha never had any conversation with the Judge hlinsell. ‘The ars rangement was made bva committee of the clients going to Washington, and the points of this agreeinent were fixed up there, When they came homao, having this arrangenient inade with the officera In the Treasury Department und connected therewith, ft was reported to Mr. Smith und himscll, and they went and carried tt out and put It into form—not into written form—with Mesars. Dexter nud Ayer, und the other Government courscl. All he way inter- csted In professionally alter that was to compel the epecltic perfurmanco of the agreement on the part of the Goverument; but his clicots were fn his office from September uatlt March o good portlon of every duy sbout It. Thero was 8 sort of common relatfon between the UGqrernment connael and himself, and swheuever they nsked anvibine of his clents, he tried to make bis clients do the falr thing., e used to confer with Mr, Dexter and Mr, Ayer wheosver they desired, beinz held responsible, ns ho thuught, that his clicots would act falrly by their contract, D“md Xu«. y&n: have lnlv’ mure|nlunnhwl|m exter, Ayer, Boyte augs about the ds- [ arug“fféflr?c. as the term wus I thosy days, tu *lle down® on gomes uther fel- Juwi" “Never on earth, ‘The subject of getting Healng to turn State's evidence was never dis- cussed between mo und apy of the Government counsel, und § never was requested to do sny- thing tu regard to it, or bad any busliess with it. The tret 1 heard that Rehm Lad turned State's evidence was, I should think, » month after this couversation with Heslug, 1 \Wushiagton, and Dexter belug there, he Iucidentally remarked to mo that he lhad gob o letter from howme that Juku Rehm was trying to ‘lay down.' I had nothing tu do with the prosecution of the other cases, or manuglog them. Tho only subject that brought us together was when my clients were wanted to do uoythiug they sent for me, and [ tried to makethem dothe falr thing under thelr azrecment.” n *'I'liese (Jovernment counsel conferrea very freely with you, did they not, about their hopes and expectations s to the result of the whisky provecutionst” . 4 No, sir. When I would be calted by them, ft was in relation tosome buslvess of 1y clien und then very frequently the conversation wi run into the general question, and they tatked about the triala thut were approaching, snd what they expected 1o do, ‘There was conversa- tion of that sort; tho polnt was cometbing [ had to do with 1y cilents.” Will you suy to this Committee thut you never beard any of thiese Government counsel cxpressing a deslre—express o suspiclon, at least, on thelr part—thut there were other men atandive bigher than Rehwn or Heslng, who were reallv connected with this whisky con- spirney, whom they very much desired to get hold of hefore this thing was throught” O] wilt teli you all I know nbout that. After thesa men bail turned State’s evidence, |did disensa with Dexter, £ thiok, the fact that wu coutd see very plainly that it did not lead to Logan or Farwell, ss the newspupers had charged, Now, as to the desire to et hold ot unybody else, 1 do not think Iever discussed with thuse gentlemeu shout it That phase of it 1 had nothing to do with, nud did not mix up with it In any way whatever; dia not try to gec anybody io, but Just nmplr tried to get my clicnts ont, nud then quit.’” + \Wheresbouts was Mr, Hesiny fn the ‘Tivoll when you went in there, do you remewmbur distinedty 1" * 1 muy have seen hlmn twice. I bave been in there from twice to four times. Liwaay bave scen Heslog twice.” 4 Do you remember of golog in thero once and tlndiug Hesiog sitting down at & sable, and unother gentlsman on another side of the table, und your saylug to this geotleman that was sit- ting on the other side of the table, ‘et up nere, young man, [ want to talk with Als, iz 149 Nu, 1 do not remember {t.!" %o you know Guv Mazeel" e the short man o Tite Trisunes" 0, bio (s the long oue.” Well, I presume 1 know bim, but I get their nnmes inised. " “wYoudo oot remember mny such conversa- tioni" 4 No, sir.” Mr. Swett, sometimes, when you are feellnz particularly kindly towards all the world, don't you taku up sownd thivgs to make a wan feel Food, and tatk over matterd, for fustanse, tikg what leaing bas detafled here,—that you would like to get him out of this trouble* »No, sir, there was no such couversatlon with Mr. Hesing st all, Ay viait to the Tivoll was simply 4. momcutary one. | wasmwot in there three wiuutes, 1 sinply stepped inthere & winute, and went out, #+1s your recotiection always guod 1" S0 thfuk it 18 reasonably good. It Is sinply {mpossible, I you mean this, that 1 could bave wald this 1o Mesing, 1 did wot say it; 1 did not suy anythiogof the kind, [did notsay auything Irom which's inav's wind would come to this mr(h{:fluu, unless it wus fatully beut on mds- chief. You say your recollection fs good. 1 waut to usk you whether you bave not confessed in v court of justive to Lavlug foreotten couversas tions whict vreurred two or threo yeurs st *‘That snav be, i you cail wy aitention to e, 1 do uot kanow what’ you rafer to puw.' ¥ * Do you remewmber that doctor who bada volicy in the Lamar lusurancs Cowpany, whosa case Weut to the Bupreme Courd " “Yes, sir; I donot remcuber what it was, but 1 know there was such @ cuse.” ) v Do you remember, fu thut case, that ho testitiod to haviug an Interview with vou cir- cutnstautislly, uwd thut you confessed that you 0 all about it 1donot think it was true, and mever did. “ You were uot called as & wituess to conira- et it in the case, were Iv;jml" | ucver heard ol it tlll it got to the Supreme e You were President of the Lamar Insurunce Company 1" v “1t was & busted, brokes, burat up institu. Forsome reason which I never coubd un- | belug fn

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