Chicago Daily Tribune Newspaper, March 4, 1879, Page 2

CHICAGO 'TRIBUNH: ESDAY, MARCH 4, IS79~-TWELVE PAGES, by 7 o'clock. and we adjourned ani went to sup vee, and swheu we came back he rakd hie had been Inrteucted by Judge Blodgett to withhold thatins dictinent, and not roturn it Qu—**Who said that to you?" ¥ A=t duidee Dangs," v—**At what timet"* A.=**That wnh abont 7 o'clock, 1 think,* Q.—~**Whate dld be may It to yonY* Ai==*'In tho Grand-Jdunry ronm, sir." Q.~** WWhai tonk place thoeed" A~ % He was asked. 1donot remamber by what Juror, if he wonld mnko that statement In writing. 1t created & good doal of excitemont in the Jueys ro0m." o vhat made (L create cxeltementt® A,~—+*Well, T sapoost any man would know ‘what created tho excltement.’ .[Langhter.] Dr. Hamelinsays: -~ * Q.~1*What taok place then ¥ A,—**Well, there may hiavo bacn ssvoral things occarrod, butthe ond thing occuplad the entire at- tentlon of tho Grand Juty to tho excluslon of everything clge. . . Q.—*‘What swas that ope thing)" A.—‘'Judge Dangs camo in and Informed vs that, either by the Instroctions or nnder the direc- fion of Judge Biodgett, swho had advised with Jadge Drammond, he shodld not present the in- dictment against tho Register fo Bankruptey for perjury.* *! Ara you through with your anserer?? A, No. 1f you want n statement of all that ocearred, T wiil give it as near an I can remember, 1 will #sy to tho Committeo there was 8 good deal of excitement on this occasion. " Q.—**Go on, and doscribo juat what took place, apd what was sald!? A.—‘*Tlo stated that, it Tremomber correctly, the Judge had remained at his room and would romain until our adjonmment, in order when woadjonrned to discharge na: that the Judgo, I think, would be pleased to soc us, and charge s a3 1o the law in this case; whother thero was a formal voto taken, Ithiok thera was, to mot appear before Judge Blodgett." Nr. Morrow snys: Q.—** Whattranspired then? " A.—'"When we met at 7 o'clock we wors In- formed by Judge Bangs that he was Instructod to withtiold from us the indlctmont against Mr. Mib- bard on the questfon of perjury for the reason that 4t was mado under Judge Blodgett’s construciion of the law. " Ry Mr., Lapham: Q.~-**Yousay It was made, ~you mean tho ro- porty" A.—*'That the report was made? Yes, air, by Mr, Knickerbocker. . Q.—** What tranaplred then?’ t A,—*"The District-Attornoy woe ssked to pnt his objections ta retarn thio indictment and surron- doring the indictment to us In writing. which b rofused to do. " Q.—**Do yon know whether or not Mr, Banga had the ‘Indictment with him, and, if 80, how do you know 111" ” A.—~**Ho Informed us that ho UAD.IT DRAWN, T don't think he had the Indictmont witd him In tho jury-room,” . - Q.—~** That was the indlctmont for porjury?" A.—==** Yes, gir; tho fnuictment for perjury.” Q.—~**Did he Inform the Jury at thst time, 7 o'clack la tha evaning, when ho came befors them, oratany timo bofore thoy wero discharved, how o came to sneak to Judge Blodgett about the mat- ter of withholding hia indictment. or how Judge Bloagett camo to ancak with bim?" A.=="*1dou’t think be did," Q.~-*¢ After ho gave you -that Informstion, and told you what ho 31d, what nest transpireds™ A.—*! The Dlstrict Attornoy -was roquested to Yeavo the Jury-room, whick he did, and -tho Jury consnited over tho matter, ond'thore was conalder- able skirmishing among-them over the mattor;’ #oma cons{derable foeling on thasubject, Butall fipally abandoned the Idea of takivg that Indict- ment into coort. " B Q.—'*You say considerable feeling cxisted. ‘What waa the feeling abont?* A.—~*'The fecling was In relation to this {ndici- ment for pocjury, ! - g 3 Q. —**What about 11" 3 A.—*A feeling that the indictment should not. be withbeld froin {iem.. Thete.wss somo littlo, alsposttion to continua tho acsslon and fnvestigate the matter, to, kiiow whether of noz we could not compal it." " v Q.—**Was thoro any ntlempt made to prepare an Indietmontyt o s v o, A,—**Thero was sometblog asld- aboutit, and the question woa, aeked of, Attornay, Bangs some-: ihing like this: Snpposo wo. ahould prepare an Jn- dictmenntvhat would be tho offect? Mr Bangs nfarmed ug that ho wonld have to, npder Judge, Dlodgett's inatructions, refaso to elyn ft, henco it ‘would bo of no consequence. Mr. Farmor say: & i Q.—** Then what ‘tranepired when Judgo Danga. cawe {n with reference to this perjury sndlctment?" A.—*"Wo wero walting anxlonsly for tho papers to appear for our fnsl closing up of the Indich: ments. We LAD BEEN WAITING ALL DAY * vary anxloosly, and he cama {n apprently withont 8oy papers, and heeays: ‘ Gentlomen of the Jury: .1 muat lpform you that yoar proposed action in’ finding o bi}) of Indictment for perjury cannot be accented, You cannot sustaln it 1t will not be sccepted by tho Court, and therefora It i wacioss, 1o press tho matter,for we: eannot receivo it ag such.® ‘That {s tho offoct of it fn substance, Q.—**What dId the Jadge do then?" 7 A~ Thoy rather brooght the matter up ta sco i¢ thero was auy way that thoy could pross the mat- tor along and got thelr business before the Court, but thie District Attorncy sald that he kad especlal Inatructions from tha Judgo that they would nat bao recelved and acted upon §f they woro present- ©d, and of coursn ho should Yefuso to sign thom undor theso Inatrictions, " The testimony of the other Grand Jnrors who Wwyra examined unon this polnt was substantially tho samo as that quoted sbove, and from the wholo it Is manlfest thata bigh dogreo of excitoment, if not Indignation, porvaded the Grand Jury, prow- ing out of what thoy porhapa considerod n nrbl- trary 1P NOT 4 CORRUPT BXKRCISK of anthority on the part of the Judge, and that _fealing was possibly {ntensificd to some oxtent by tertata clrcamstanced.which had proviously trana- vired, It appoars from the evidence that the queatlon whether, under fho nintk clause of Soc. 10 of the Naokrupt act of June 22, 2874, & Reglater was roquired to report the total amount of {ees and emaluments recelved or earned by bim during the year in all csws whatover, or auly the amount recelved carned in cascs referred to him during tho year, had beou discussed by the Grand Jury whilo tho mstter was undor investigatlo, and that Mr, Hradley, the Clerk of tho Court, had testitied be- fore thom that soon after the Jaw was passed M; Hibbard had consulted him with regard to the proper conatraction of ihat clauve, aud that he gnve It ns his opinjon to Br, Hibbard “that ke was required to report the amount of fees and emolu- menta recelved by ljm durlng the year PHOM ALY CASES WIHATEVER withart respect (o tho time when they were ro- ferrod to bim, but that 3r, Iibbard bad about the #ame thma consulted Judgo Blodgett with regard to 1he mattor, and that the Judge's constructiou of the clauee was that 1t related only to cases refarred 10 tho Reglater during tho year, 5 Itappeary, also, that tho District Atiorney feit very uncertsln sbaut the proper constraction to ba #lvon 1o it and had taken accaslon to ask th oplnlon of certain lawyers who had besn called ta 1eatify, 28 will be seen from (ke followlog state- ment in the evidence of Mr, James Craw: ** Did you aend far sitotneys and got thelr jegal oplnion a8 a Grund Juryr™ b A.—~**Tka bestof niy recollection fs, we sent o sllorseys to find oat what action hod been taken In regard to thls Committen of the Bar As- soclatlont but while thoy wers thery Judgo Bangs was & it anxious to 8nd ,out thoir oplnjon, 1 wes right close:- by, - I Bma lttlo hard of hearing, -2 was right close to tbe oitorneys, Judge Trumbull was asked what was Lis constructlon of the law, and be said that “he hadn't examined, and waan't prepated to glvo o snswer, Judgo Lawrence stated that 12 would Lo impropor for him to give ap answer, My, Ayer Tead tholaw, and stafed totbe fury that he was not glviog ey construction upon tho law, and Judge Dangs LR S e T W45 THR PROPEK PEESON . 1o ask for & construction, .but I do.nat recollect the Juty sakigg anybody'what’ the conatrucifon of the law was. - Thoy had thé law there printed. Itbink thioy 100K thelr Own construction of it,and ttesems that their construction of {t diffured from tae dudge's, " Whst transpired when Judge Blodgett was in- Jormed that tho Jawyers had boen betoro the Qrsad Jury, Mr. Crow can slg tefl, Mo aays:. **Judge Blodgets callod ta e & 1 was going up atalrs, snd anid that the jury had boen sending for atturneys to #et thele constsuction upou certain points of law, and if that was the fuct 1y cortaluly waa very dmproper; that Lo would not allow ft; thas tho iatrict-Attornuy was the propes one (o spply to or for the conttruction of tho Isw, or to the Court I the Jury wishud his construction of tho law, let ‘them come down hefors him. Hesald also that when lie ment ns ont to, our rvooms he had no fdes wo werd golng (o bo' st the tall oxamining fnto tho malter. e elated that we wero wasting a great deal of time In taking Irrolevant testimony, —that Ia. testlmony, hosald, which would be {otally Inadmlesible bo- fore n court and traverua juey, ~and that wa wero delaying time thie way, \We wera running tho Gavornmentto s big exponss, and delaying, s { nnderstood him, the bustnoss of the Conrt, and bo hoped that tha Juty wohld gat throngh with tholr bosinoss, . ftesald if we dldn't, and werow't dis- charged beforo long, there was u way in which they conld bo dincharged, and e maked me if I wonld notiry and (mycess it on tho mindaof that jury the imgortance of closing up their business and bo- 1ng discharged. ang went up and REVORTAD TO THR JURT, word for ward, what he sald. 1told him I would make the repotl, and ho eald ho wished 1 wonld do go. Twant up to the Jury-room and ealled the ottontion of the fazeman; told bim [ hnd & mes- ssge fram Judge Dlodgett. e called the mombors to order, and I atated the substance of what Judge Dlogett told me. M, Farlo made & motion that the jury appoint & commlittde of three to.walt upon Judge Dlodgstt, and atate to him that he had been misinformed: that we had not sent forany nttomoys, ond sskad thelr legal oplnfon, which wis & foct, at we -had not. 1 was ong of tha Comitteo with Mr, Earle and Mr. Shoop, Tho next morning wa called upon Judge Blodgett, and 1 told him that Thad madoa ststement of our conversatiun to the jury, and wo had been snpolnt- eda committce to wait on him, Mr, Karle told him the resolutlon~read it, 1. bellovo—of the Qrad Jury, that bis Honor UAD DEEN MISINFORMED; ¥ thet we had not sent for any attorneys to get their lcgal opinfon, I belfove we stated thet we were pretty pear over the businoss, And the Judgo sald ‘ho was vary happy to find It out, and he asked one ar two quéstions why we sent for this attornoy, and Mr, Earle explained to him, Idon't know whas jt wns; T don't recoflect {2, Tndependent of thia teaneaction, 1t appears that the imoresston prevalled among the Grand Jurars that, for rome resson or other, Judge Dlodgett was disposed to vetard thelr Investigations of this cliarge, aa woll as othors perhapa, but how or why the evidence does not discloso. It s not strange, thorefore, that they waro excited snd fndignant when the Datrlct-Attorney annonnced his inten- tlon to withtiold the fndictment from them, and gned as bis reason the inatroctions of thoducye. Nor s thele Indignation to bo freprehended, but tathee eommanded under the cirenmatances as they apoeared to them at tho time, + Tge question to be conafdored here, however, g not what tho lmpressions of the Grand Jury wers of Judge Blodgett fon cr niotives, but shat he really enid and did to prevent the finding of the {n- dictment, or to procure its supbrossion when found, 1f anything. Thoro arc but two persons who can avawer thls, namely: Judgs Blodgett himsclt and Mr, Bange, the: District-Attorooy, a8 no ano cfse {a known to have witnessed or heard what took place between them JUDGE DLODOETI'S VERSION . of the matter, under oath, ia o8 follows: Q.—'*From whom did you learn them?" A,—41 learned it from the Diatrict-Attorney, At that time I was halding tho Circult Couct for the trinl of fury cazes. Ihada jury teial on dur- ing the forenoon of that day. 1tiad beon mformed, ‘perhaps the day betore, that the Grand Jury would be ready to sdjourn that dsy, When the noon reccss. was taken, I camo from the courtsroom Into tue hall to. pass lato iny-chamber, and et the District-Attorney In tho hall. 1le nsked me if he could sco mo a moment, and 1 fnvited bim Into my chawber. . After ho had vassal fn he satd to met ' *The Grand Jury hava voted an Indictment for porfury agninat Mr. 1ib- bard, and I liave great doubts whother it swill lle or wot, and I thought [ would come aod submit the question to you.' Tsald: 'What [ tho point, Judge? and ho opened the Statutes,—1 think (ho Huatutes-at-Large for the mes~ aton of 1874, ~turned to tho act smendatory of tho Bankrupt law approved Juns 22, 1874, and called: my attantion o tho 10th section, Ha had {n e hande a paper which purported to ban cortle flad copy of the records mado by Mr. Hibbard, as +Roglater, under the 10thanctlon of this amendatory ‘net. Hestated that the perjury was charged to uave boen committed In not Including In shag ra. wport the reca which ho had recelved during the Jyenr: mentioned Ju that report -from cases whioh tad Leen . registgred by “lilm” #i provious years during ~ tho ' year's. bnslness. which that report, purportod to Tepresont, As s0an o «ha had stated tho Doint in tuat form, Leald to him, *Judge Bangs, thot report was made uuder a construction which I gave to the law for the benoft of tha Iteyisters before thelr roports +wore made, L presume.’ . Le then sald, *1 thought there was room for doabt, at least aa to whother ibbard was not right 1n his construction of the law.!, Tcalled his attontion to some of the reasons whies had ‘led me to consirue the law as’ I had, and stated to Lim the fact that I. rccollected distinctly having glven this construction to Mr, Hibbard, and then aaid to him; *But, Judgs Bapgs, whother T was right or wrong In $he covstruction of the law, Me, Hibberd ought not to bo Indicted for porjury, 111 was righs, cortainly no porjary was commhited any hows ¢ 1 was wrong, thon the Corsupt $miont 38 it taken from the act, becausa ho ncted undor tho constsuction of his supertor oflicer, who had tho tight to construg the law for bim, and you should inferm tho Grand Jury of that fact.* He romarked that he was qulte inclined to concur with mo 1n tho conatruction of the law, and I sald to him, *Yau toil the Grand Jury that this was Jono undor my dlrection or construction, and say to thomn that If they want any further fnformation on tho aubject, or the 1as’ of the matier, to COME INTO THE COURT this atternoau and I will givo it to them.' 1o re- tired from my chomber, sod shortly aftor Judge Drummoud cama {n, and wa weat 10 funch to- getlior in tho adjolnlug room, whero our lunch woa epread. During the moal, I mentioned to Judge Drummond that the Grand Jury had voted au fndictment for porjury nzuinst Mr, Hibberd, and I had fnstructed tho Districe- Attorney to hring hewm Into court for instruction ¥ they dil not agrea with the District-Attorney npon the law of the caso, and sald to Judge Drummond, *Wilt you vot, alter lunch, somea Into my room and let me exploin the point 1o youY Wo walked into my room together, "T'he atatuto Juld open where tho District-Attorney lisd Jeft It and T caliod Lls ate tentlon to the difforont clauscs and this ninetecnth mection, oud waid to Judge Drummond that, upon conslaceatlon of theve clauses in connectlon of the form of the repurt which thy Buprome Court bad presceived to ba used by thy Regiaters undor that vection, I thought there could bodoubt on the Isw, The lsw only required the Heplater to roport the foes which ho had recetved during (ko year from the cases roforred to hiw during the year. Judee Deannond, afterexamin. fugthe varfous clauscs some time, said tome, *Well, Judge, thero is a great deal of forco In wisat 50 eay,’ or words to that offuct, and I think we perhaps soparated ac that time. I returned to the court-room, and resumed my sent on tho Bench, and the trio) of the couso on hand during the afternoon, Q.—**Excusc o, Judgo, I will ssk you to stats whetber at Liat intorviuw or not Judue Drum- mond expresscd any opiuion about the rigbt of tho fndiag of the indictment?* Ao You, gir, After wo had discusned tho Jaw, &nd after Judge Drummond hiad made the remark that taore was great foreo {n my construction, he sald; *Whotber you ara right or wrupg, it would bo o groat wrang to Hibbsrd to indict kim for per- Jury when hie waw scting under your copatruction of tholaw," 1thiok bis langusge was quite em- phatfe upon the subject, Thon, ue I bave sald, I rovumed my dutios on the Bench for 1w sftornoon, and st tho usunl hour adjourncd, The Giand Jury did ot coma down for instructions durini 1he aftornoon, as I expocted they would; aud when I came out of the court-room Juage Drummond had been so emphatio In his concurrence with my as to. the fmpfopricty of fuding an indictinvnt sgainst 1Hbbard ondgr tho clrcumatances which | bad detafled, that I° falt there was some reeponsis bllity on 1o Iu (he premses. 1 accordingly «. - . BIOKR 70 TU¥ DAILIyy of the court, whom I met in the Lall, and ssid, *Will you step down into Judge Banga* rooin, and 38y to hum 1 wat toses him1* 1 thon walked futo my chimbers and left the door apen, aud tua fow moménts Judgs Bangs camo In, sud 1 kafd (o hiw, *Thé Grand Jury didn's come . down duting the oltaruagy, and I suppous, therefore, that porjury maf ot au Ue hgultated & moment, wnd o s Ba1a Ty CDU you tell 1l duky what 1 sald to you npon tho aubjecty Baid le, *Ng, I have mo¢ yet.” [ tarned to hfm and asld, ‘Judge Bangs, I fhink you ought to tall " them, and you oucht 1o say 10 them that the condtruciion of this law was brought' to my attons tlou before tha roport was mado, aud thut Mr. Lib- bard acted under wy direction, and sy 10 the Gralid Jury for me \at §f thoy have suy doubts an tha subject T would be bapoy to bave thom come 1listencd to bim very attentively, | 1n and bo Informed trom the Banth 48 to the whol mattor, Ifarther mafd, fn that connection, rinco YOI wero In hore 8t nuon, T hiave talked with Juden Drummond, and he agroos with e that {t would ben great svrong ta find an Indictment of perjury undor the cireumstances, I safd, sn indictment for tAking fifegnt fecs (8 A TIMFLING MATTRR, ‘bat an indictment for pecjuey {s a scrlous matter, and ought not 1o be foynd unlers there Is good reason, when all the facth u;e understood and latd bofore the Grand Jury, end 1n tho possession of 1he proscenting ofilcer to justiry It.* 4+ Judes Dagys then eafd to me, ‘This Grand ey inve got some tonsidoralle (colinz oa the subieet, and suvnose they should instat upon And- ing an Indictmout afier they havo come Into Courtt' ‘Wel,' says 1 ‘woll, Jndge Dangs, It will be ims enough to mettle that question when we gst to it, but my impression wonld bo tbat should they poralst in finding sn indictment afior the Court Inetructs them they onght not to, it might bo the duty of tho District-Atorney to witnhold it, Howeser, [ witl atate that when the question arfwes.’ 1 think that wenall Isafd, That fsalll recollect now.* MR, DANGY ACCOURT of the matter may be gathered from the follow- Ing: Q.—**Now, Judga Bangs, I want you fastate Juat as definitely and particalarly as you canwhen you went in thero what Judge Blodgett ssid and what you sald, " * A.—~*'Tho question of tho Indictment for par- Jury against Mr. Hibbard came up, and how I do not now recollect, " Q.—*'Now, hold on3 just wnil s moment, When you went In there, what did Judge Diodgett say Lo YOU. BS penran you can romsmbert’ A.—"*Well, Tremomber distinctly of his ssking mo what they bad assigned perjury ont" R.—="*What the Grand Jury had?" Ac—=+3Yen, afr, @ 2 Q.—**llow did he know that they had saslgned perjury on anything?" A.—'*Oh, well, it wes common talk that thoy had found tho indiciment?™ Q.—**Had you told Judge Ilodgett that they nady" A,—*T think 1t very Nkely. or,* Q.—**Ton had froquent conferences with Jndge Blodgett, had you not; that is to sny, yon were thera In the same buliding during the fon of the Orand Juryt™ * A,—*'0h, I sawhim overy doy, Ishould think," Q.~"'Ho snid what ™ A.—*lloasked what (hoy hind Asaipned tho pez- Jury on, or what thoy had based it upon.” Q.—**What did you tell hime* A.=''1101d him t was upon the roport. Ihape pened to huvo ncopy of it in my aide pocket, and 100k it out ant safd, ‘Yers {8 sample of the re-, pnfl." They jgned 1t npun the jurst tothe ro- vort,” - Q.~~**Well, they could not assign perjury on the same eport without there wos same matter in the report that waa false, DId you tell bim what that was?" A—*'T don't remember the exact angaage. " Qu~**Woll, the snbistance of itt" A.~'*Igavo him tounderstand that the charge was that hohad mode n falen Teportof his fecs, and had swworn to 1t, nnd they bad sesigned perjury upun that oath, " Q. —~'*Now . what did Judgo Blodgett say to thatt . A~-**My recoltactlon ia that I told him the ra. port was wade undor the 104h sectionof the amend- mentyto the Hankruptcy act, and I picked up & volame that happoned 1o lay on the tadle and turned toit Al onte. 'The Judge satd he recogaized the act, and he satd . 1T DID NOT 8EEM TIONT, or was wrong, or something of that sort, to indfet Mr. ibbard tor porjury for that reason, bepanse the Regtstors had come to him when that law went I don't romem- ‘The Reglatera?™ A.—'*Yen, gir; that 18 the way I understood it, for his construction, and he had glven the con- atruction under which Mr, ltobard kind' acted, oud made Ins report.™ Q.—''The construction nnder which Mr. iitb. bard had acted. Ifowr did ho know what construc. ton Mr. Hlbbard scted under? A,~**Tdon't koow, sir. 1 did not ask bim,” Q,~"** He nesumed that, did hot" A,—**Idon't know whothes he. sssumed it or not." Q.—*! Wall, 81dn't ho assumo it A" 1-Jon't' koW ‘anyihing about that, Mr, - Cooper. Q.—**Didn’t he-nssumo 1t In conversation with yoi thint he knew what Jir. Hibbard —1 % A.—**1havotold yon his statomes Q.—** Just repest that aver ngain, A.—'*1lasald It was wrong, or waen't right,—1 forget tho languags,—tho substapce of it was, to charge Mr. Hibvard wlih perjury upon that, bo- cause When the law went fnto effect, or nbout the time, or soop afier, tho Replator came 1o him for o construction with referonca to that point, " Q. —**9'o what pointy" A.—**The point a3 to the making of 1ko roport, and that ho ave thie conatruction of the Jaw under which tho report of Mr, 3ibbard svas made, Dy the Chnirwan—Q.—**Did he say that ha bad satd Me. Titbbard thac he could {awfaily auppress Intormation as to any foes or emolamonts ho had recelved during tho your for eases roferrcd to him duriny 1hat year?" A,—**Thers woa no particnlarlzation In thoso respects at all, Tho whola conversation occupled but a littlo time—vary little," . By Mr. Cooper—Q.— **Did you tell him WIIAT THE ORAND JUIY HAD FOUND in referonce to Mr, HiLbsrd's roportst What tho facts wero with refercnce to Mr. Jibbard's fuest™ 1 told him they had found an indict- Q.—**No, vo. DId you tell him what facts had been bronght before tho Grand Jury with roforencs. to Mr. IHbbard's foes?! A,~**1 did not te1l hin anything about that.* Qo~*You did not™ A.—~*'No, sir. The whole conversation didnot occnpy thrce minuses; five. at most," Q.~**And did Judge Dlodgatt suy to you that Judge Drummond agreed with him in the construc. tion of this Jaw™ A~ **Thot guestlon, perhaps—" Q.~*' Y want bu answar, yes orno, slr,* A,~**Teannol answer it yes of no " Q.~**1f you mads that statement to the Grand Jury that Judge Drommona sgreed with Judgo Dlodgett in this constructlon of the Jaw, was it truothat Judgo Blotgott hiad told you sor A.—**During that conversation— " Q.—**Nover wmind; I want an answer to that querlion - 4 Al=**1 nevor 1old the Grand Tuey angthlng that wam't trow, ' ’ Q.—*'Thon you dld tell the Grand Jney that Judge Drumniond coneursed In this consteuction, ‘Then it was true that Judge Blodgett ¥o told your" A.—'*What Ltold the Urand Jury tnat Judge Dlodgott told mo he did tel} me, ™ Q. You, that s ft." A.~Yen, oir." Q.—** Aud If you told thiy to the Grand Jury, thon Judgo Blodgott had ¥o told It to yout" A=t Yo, sin" By the Cltatrman~Q.—** Now what did you tel} tho Grand Jury?" A=+ Thot 1y what I wanvto get st If you will ailow meo," Mr, Lapham-~¢* Well, tho Committas axk you to stato, " 'The witnesa~**Yes, sir; afier having had tho intorview with Judye Blodgett, T want stialeht to the Grand Jury uud told them, I had loarncd di- rectly from Judge Blodgett that the cosstruction of the law under which Mr, Hibbard had acted in making tho4o roports which they had atleged to be fales waa iveun Lo the Relstor BY THH JUDOR MIMIELY, ©pon sn oxpress application of the Roglster fat thay parpose, And that if that wes the cass, aud Me, Uivbard had acted upon It 1n good falth, there car- talply was not tho crime of perjury.” The Chalrman=—'* You are repeatiug now?' "Tho whness—*' 1 aw tolling whas I told tne jury, and that Judge Blodgeit had requested me, i tho Jury bod any douby on the subject or the guestion of the iaw, toask them to prusent thomeelvos iu open conrt, and he would {natruct them from tho Bonch, and I requeated the Jury to o into coury und got Instructivua from the Judge~requaested it on my own hobalf and on thelrs, 1 was quite solicitous that. thoy should do so, ] #aw at onco that there was some fuellng on tho part of certain jurors,. and some of them atatvd that they did uot want to go before tho Judse, ‘Tho Urand Jury sald that they were willing totake my utatement of Judge Blodgott's construciion of tho law, and ghe fack that ho had g0 fustructed Nr. Hibbard, s comiog from the Judge, would taks 1t as if Yo had dullvercd it to thom in open court, and then some question aroacabout the in- dictment; that still they desired to have the fndics- mept presented. 1 atated to them than I had beon advised by Judge . Blod- Bott, having meked him the question, suppoaing the jury should insiut, sfter having besn Instructed by the Court, shoald {nslsg upon fnding the indletment, and daving It presented’ Tsald to (hetn that Judgo Blodrott #ald to me that in (hat caso it fvould bo my oficial duty to withhold the indlctmont, " Air. Coopor—*¢Right hers, Did ho 80 te}l yont* A~ Yox, slr, and1 desire to bo undermosd now, (he Judge requestad that THEY COMA INTO COURT. The only messngo that the Judge sent to the Jury atall \ens that thoy come into conet. 1t they had the slighteat hesltatloidtvont tho Jaw ur the facts; 1€ they wore dissatiadod at all, {o como into court and ho woutd Inatenet them from the Donch, ' Tty the Chalrman—Q.—**Hld the Sudge assnme. that It was his right to tnstruct thom os to the facts from tho Dench?™ A,—~**No, nir; T don't think he did.” Q.—**Then did he say that it they had the elightest doubt about the law o the fact fo come down and he wonld justruct thom?" A, —~**Daubt avont the law, or his having given that conatzuction of the law as I understand. ‘Thin waa all sald tn 8 very brief time, and, allow- ing far the temper of the jury, and the carnes nosn with which thoy hal investigated this mattee, 1 had an approhemsion that notwithetanding thoy would 1nefst upon an indict- ment, and 1 presented that siternative that after having been Instracted by the Court they should fusist upon the indictment, what then? And tho Judge roplled, fn that event It would.bo my duty 10 withhold the Indictmont, Well, I told tho Jury that aftor they had declined to go into court, aud had accopted my statoment as coming from tho Court, 1told the Inry the conversstion that I had had, and then Mras §Villing aroso (I'think it waa 3tr. Willng), and sald to me, *Under all the cifcomstances, if the jury deslro that Indictment presented, wonld yonfeel it your oficial duty to withbola 1t 1 20id T should. " Disearding the statement of Jndpe Blodgett, which docs not materhally confiict with the vagua and fndotinite recollection of Mr, Bangs an exhlb~ ited In tho foregoing extract from his testimany, and which would seem the mora reasanable ot the to, when Mr, Dange' own Incertitude and evi- dentanxlety to olicit tha opinions of Judge Tram. bull, ‘Judge Lawrence, and Mr. Ayer sra ra- called, WIHAT FACTS ARE DISCLOSRDT" Flirst—Thnt Judge Dlodgett fnformed the Dis. telet Attornoy that ho had sdvisca Mr, Hibbard that n proper construction of the ninth clauss of the nineteenth acction of the Dankrupt act of June 22, 1874, only required him to roport the ta- tul amount of foes snd emoluments received or caried by hlm as Togister in Bankruptey during tho yesr, & fact which had already,been stated to the Grand Jury by My, Beadley. : Second—That Judye Blodgett exprossed the opinfon that It would be wrong to Indict Mr, Hilb. bard for verjury for having acted under that con- struction, an opinfon fn which Judge Drammond testifios that he concuered, N Zhird—~That ho sequosted the District-Attornoy toinform the Grand Jory of his visw of the law, Wwiich, Judge Drummond eays, has been the veactico not only fn that Court but in all the Distrlet Courts In that circult for yeara, O, if they woro not eate isffled with that, to requess them (o como into couee, where he would {natract them fully from the bench, as 1t was not only hisright but his daty to do if thoy required his instructions, Fourth—Thot when askea by the District-Attor ney hae expresaed the opinlon that it would be hie duty 1o withhold an fndictment If tho Grand Jury sliould fnalat an roturniog ona in dlaregand of tho fnstractions of the Conrt. While it fstrue that a willful and corrupt wter- feranco with tho legitiinato fanctions of & Grand «Jary, eltkec ta proveut .any propor Investigation fnstitnted by thom,. or to subpress an indictment they may law!fally find, may bo justly considored one of tho moat dangerous oftunses of which o Judga ean bo guilty, yet it ls oqually truo that it is not ovly tho right but the duty of tho Judge to INSTRUCT TUE GRAND JURY 08 to questions of law, and howover much he may ort In such Instructions, nnleas it ean ba shown that such eerar wns willfully and corruptly com- mitted, he cannot bo held gailly of sn offonso theroln, Granting, thereforc, nll tho facts that can be deduced from the vagus testimony of Mr. Banga tobo truoj conceding that Judge Dlod. ®ott waa wrong in his construction of tho clanso of the dankrupt act under which Hibbard acted; admitting that ho and IHibuard wore on terms of tho most Intimats friopdsliip, as thoy undobbte edly were: admitling that ho arrea fn telling Mr. Banus, when asked, that [t would be his duty to withhold the Indictmont if the Grand Jury Inslsted on findtngono in disrogaru of lle instructione, —sti}] youe Committeo dre thiabld 16 sco how it would be possible to convics hlm of & crline upon tho evf. dence beforo thom, fof howevar mach he moy Lave catcemed Mr. 1ibbard, it was certalnly not wrong m him to lnstruct the QGrand’ Jury gs to the clements of perjury, merely becauso they weta proceeding fo Indlct INibvard for that erlme, sud * thoro was nothing obligatory on Baoga to withhold the indictment merely because it woa the Judge's opinfon that it might bo haduty tado o, Indeed, wo-far ae this chargo is con- carncd, 1t would seem that there 1s a8 much ground for the Impeachment of Bangs as for the impeach- ment of Blodgett, & TUE NEXT CHAROB exhiblted was that Judge Blodyott, while holding the ofiica of Judgo of the District Court of Illinofs, had knowinely borrowed and convarted to tus own peviopal usy mouvy belonging to or depoulted in the Registry of hie Court, undor which was tho followlnz epociication: Tuat whitet Upak- ruptoy causes in saddl district were ponding In the Court vreafdedover by him, Judio Blodgott had by tha power and Influence of his juaicisl ofico pro- cured divers Asslgnoca of estatenin such bank- tupley causes to loau to bim, the sald Blodgetr, far s own porsons! use, lacge aums of monoy bo. longlug to auch estatos, and on deposit fn tho Reglatry of said District Conrt, 10 hia answer toiblacharge and specification Judee Dlougott adwitted that ho had borrowed from Mark 1. Kimbull, Astigneo in Bankeuptcy of the Mulual Recurlty Insurance Company, tho swinaf 85,000 on tho 10th day of June, 1872, which ho ropaid with intorest in the followlng No- vemnber and Decamber; and that bo also borrowed from Juwmes Long, Anslgnoo in Bankruptey of tho Equltable lusacauce Company, the sum of 81,200 ou the 234 day of November, 1872, and tho fur- ther sum of $1,000 on th 16th day of Decamber, 1872, which amounta he also repald, but denled that elther of satd Junda HAD RVER SEEN DEPOSITED IN THE BEGISTHY OF TilX COURT, ©or that ho used his oficla) position or tnficnco 1 any manner to procure olibier of sald Joans, snd whatever might bo sald of tho lmpropriety of n Judge barrowing trust-funds from u Aducisry under the control of higown Court, It 19 certatnly nata crime, And anotnor charge s to the ©ffect that Judge odgett, while holding the Cir- cuit Court of tha United -Btates for thu Northorn District of Iilnols, had willtully employed the power of safd Court to porputrafe scts of gross Judlclnl oppromlon upon the rigntsof'a private cilizen, and to sanction ond. diruct tho commirsion of o flagrant trospasa whilch conaitutod a eriminal offopsp undor tho Jaws ol the Hlale of Nlinols, punishable by Ane and Imprivonment, 'The facts iy rolation to thin <chargo ot they appear frow tha spocifcations, the #mewer of Judye Blodgott, and the testimony ad- duced, aro thieso; That therd way veading on tho haneery side of the Unlied States Cironit Court Tor Lo Northern Diatrict of Xiinols n suit whoreln Henry A, Barling ot 8l were comulainants and Henry H. Hlonore ctal, were detendants, to fora- cloNe s juortguge on u Jot of ground oy which thero was situated a valuably buiding; thut ono Robeet W, Hymau bod been appointed locolvor of sald property, ond placed In posesslou thercof by proper proceodings in sald Cours; shagsaid Re- celver bud, under the muthorlty of sald Court, leasod Hoow No. 4 iu ansid buyding to ony Qeorgo . Wulker for tha term of ono year ending April B0, 187D, and but sald Walkor in possesalon thereof, whora ho carrled ou £ho business of Joanine money; (hat thory was ho right of reuntry reserved by sald Recelver for the purpase of uliesing or Improving that or sny otbier rnrlmucl eafd bullding; that, Ju Octobor last, the it ceeiver prosented a potition te seld Court repro. itiog that, io order Lo proporly utilize the upper storles uf #ald building, it wax Lecessary to put in on elevator for the purposo of carrying pasrengors 10 and frum them, and asking an ardor from tue Court to put in such elevator, and for ilborty to construct it through wald Room No, 5, occuplod by #ald Walker, whereupon the following rule or or- ider was entored; *4 UwiTsb S74TE8 Cincyiz Count, Nonrsimux Diss THI0T op ILliNow, Fridey, Oct. 18, 16878, —Pren- ont, the Hou, Honry W, Blodgett, District Judge, Ueary A, Buriing ol al, ya Youty 1, lonore ot Al In chancery, On the resding and filing of tha petition of Ltobort W, Hyman, Jr., as Kecelyer Liorain, 4t 14 ordored that Goorge 11, Walker thesge Ju named by, and hae {s within threo days atior the sotyico of A copy of this ordor hareby required to #liow caueo why the sald Heceivor whould not have liberty to comtruct un elevator through the esid Koom No, 5,as prayed oz Ip ihe 2ald porition,subs Ject to making sald Walker reasonable compensa- tlon in that behalf," T'hat belween the entry of ibis rule and the re- ? w Judge Nfodrett, aud said to Nim that ho wanted proléction In the matter: that ho had a loasa from 1he Hocolver, Anproved by Judge Blodgotts that ‘s busincss was of such a character that he conld net moye auty and that ho was opposed to thoe elevator's golng throngh the room, fo which the Jndge roplied that Walker should not stand {n tho way of the improvement, and it he did not permit 1t to go an poaceably hie would tarn him* onti that on the raturn day of the rulo Mr, Walker appeared in court, by its counsel, and MADR IESPONSR TRERETO, exhiblting hie leaso trom the Receiver, approved Dby the Court, and standing on the legal.right not 1o bo disturbed in his possession during Wis term. Judge Blodgott, howarer, made the following or- dor: . *'Unirep 8tatgs Cincuir Count, Nortn- xuN DisTmer or Intinoss, Taesday, Oct, 29, A, D, 1878, —Prosent, the 1lon. Henty W, Blod- gott, District Judge, Monry A. Barling et sl va. Henry 1, 1onare ot al. In chancery, Robert W. Ityman, dr., a8 Recolver horein in the tatter of the rulo entered agninst Georgs 11, Walker, u ten- ant of Room No. 6 in the Monare Mlock, and it ap- poaring 1o the Court that sald Walker was on the 1ath inst. duly served with mcopy of the ordoer ‘Theretofore entered heroln, requiting him to show caune, efc,, and Walker having falled to show canse within three days agreeably to said order, it 1s, thoreforo, ordared and directod that the Re- celvor have leave toonter into sald Room &, and with il the nocoseary and properald and asslstanco to construct throngh tho esll room, with sll con- venlent speed, and withont delay, the proper ap- purtenancea for the patting la and opeating of sn ciovator, and nald Walker fs-directed to offer no reslstance or impedimont thereto, and the question of componsation to bo alowed to the wald Walker {n that behalt s horeby resaevad far the further considoration of the Court, and the aald Walker or 1o #ald Recelvor may have loava to apply inthat ‘bohalf ax occaaion may reguire. And what took place In carrying {t out is related by Mr, Walker himself, sa follows: Q.—**Wna any of your property destroyedt” A.—"1t was injured, of couree, They o TIAD 70 QUT THROUGH THR CEILING & largo plnce, Iahould think ns large as that [indi- cating), np through turce Noors. The floors wero taken out, and, ns thoy shoveled, it all e}l down through shls hole, came down snd altted lnta my oflice: thoy spofled the carpete. Thad tohayo them taken away." Q.—**Did 1t intorrupt yoor butiness anyt" A,—*Certainly; there was no now bueiness that could bodone. Thoso that were obliged to como there to pay monoy managed {o come there some woy." ¢ Q.—**Thot was your business,~what you de- pended upon for making your monay" A.—**Far making » living." Q.—'*What condition did they lesve the prame 1ses In nighta when they ald not wark? " A.—'*They must bave worked pretty nearly all night, The day they commenced {his opesation they toro out the wall. Thoy hadtio remove a door, and had totesr dut the whola wall and loave th place open, and when 1 got there in the morn- Ing the floors had beon removed, and the furniture piled up mostly In one corner, ond an overcont ‘wan missing, I went to sealf anything was sto. lew, Thatls the only thing X could see. They had bricked up the wall, and camo thoro altorward and Plostered and onlehmined, X could not spread ont my papers onthe desks ar farniture for a Yery long time afterward, " It may bo conceded that Judgoe Blodgott acted tn thia instanco 1 EXCRSS OF NS JURISDICTION; that the Caurt Laving directed (ta Recelver to lease the property and approved the lense, In which no right of re-entry lor auch purpores ware reavrved, s the Judge had noright to interfore with the teuant's possesslon during hls term, and that tho tenants auflered o grieveous wran fa tha exccu- tlon of the order, and that such an’act dong by snother wonld be s mlsdomeanor undor tho laws of tho State, yet If tha Judgo acled In good faith, and not corruplly or maliclously, in muklng tho order, ho caunot bo hold Mable elthor clyhly or scriminatly. Thig la o woll sctiled principle or law, founded wpon the most OU- vious suggostions of sound roason aud public policy, and japplies to a)) saperlor conria and covrts of goneral jurlsdiction, for i1 the law was such that a Judge of such a court should bo held responsible in damnzes or at the bar of crim. {nal Justico for every tnistake ho wight make in o cano of which ho has jutisdiction; If o should be requirod to stake hia fortuns .or hix liberly upon® ovary exarclsc of his judgmoent on the Yench or tn the perfarmance af hix oficla) duzles, It would be {myposslbla to fnd one who would be williugto na- suma the responsibilitles of such & positlon atnll, Itistrua that when a coutt of limited and speelal juclsdiction oxccods lte powors, the whole proceeding la coram non judice and vold, aud no person concerned can claim cxemption for any wrong that may be porpetrated thercin on tha ground that he waa acting in the oxercise of a judi- clat funcelon. Yet thls principle, so far as your Commlittee aro sware, has NEVIR BEEN BO FAR EXTENDED 81 to Justify even o civil action agalnst a Judge ofn. auperlor courty ora court of general jurisdictlon, foranact dopu by bim in hfs judicial capacity, unlera the act may have boen done mallclously or corruptly, or therc were a clear absonce of all Juriudiction of the subject matter. [itomaull ve, Bingham, 7 Wall, 523, Breadloy ve. 1Mahor, 13 Wall, 351.] NUMEROUS OASES 4n which this doctrine s afirmod might bo elted, bt it 18 porhaps sufllolent hera to refer tu 4 recent. caso dircctly in point,—~that ot Langes Benedtct, decided by the Court of Appesis of New York March 9, 1878, and reported I tha followiag num- ber of tho Albany Law Journal, The defendant was the United States Distrlct Judgo for the era Districl of New York, sud the plalutift was trfed at a Circatt Court biold by him upon an in. dictmont for embozeiing mall-bage. The Jury found the plainlit gulity, and that the value of tha mnfl-bag wae Jess than 825, The pen. alty prescribod In such cases was a flng of $200, or imprisonment fot ana year, Defendant, a8 Judge, soytenced plalntift to pay o fine of 200 and bo im« privoned for one year. Plainti® was impeisoned ovo days and pald the vy of §200 ta the Clerk of the Court us & fine,aud the eatac was paid by the Clork Into the Treasuty, Plalnt!f® procurod s writ of haboas corpus, which was roturned before dofendant, who waa holding the same term of court at whioh plaintilf - was_ sentonced, Defendant, upon the return of the welt, set naide the sontence, and, sy & part of tho same order, pussed Judgmeut snow on plaintift, and ho son- teuced himdo be linprisoned for s term of ono yoar, and plaintiff was inprisoned under proceed. ings taken by plaintl® for that purposo to whicn detondant was not a party. The sontonce of plalntifl wae sot aslde by tho Buprema Court of tho United States A% NRING WITHOUT AUTHORITE OF LAW {in an actlon for imprisonment under the sentence trougot by plainti® sgainst dofendant, 1t wos hold that the act of dofendant was dono by blw ne & Judge, and howad pratested by hls judiclal char. acter from the action brought Uy plaintit upon the principla above discusued. lowever Justly, thorulore, Judeo Blodgott may e smonsble to eriticlam or consure on account uf Ruta action in this matter, In view of the principles abovo cltod, It 1s fmposeible to sco how he can bo held Muble to Jmpeachment therefor, unlces it can be shown that be did notact fn good faith for 1he best tutereats of those concorned, ua Lo undor- stood them, but with such malice and corruption »a to render hls acty in the nremises auoficial mis- demesnor, Thie. tn the opinlon of your Comuits tee, has not beyn ahown by the evidence adduced. ‘The easne moy bo sald of the charge concoruing the Bluelow Black trausaction, 1t sppoaring that the order complainad of and tho ane croating it wore both entorod by consont of the parties, and nath- ing to indicate that Judge Bilodgett was gutlty of apy ciitninal pacticipatian tnar carrupt connivance »4 unything connected with the entira matter, if, indeed, thore wasany wrong porpetratod by any one thorotn, That charge way, thorolure, ba puasad bere withoug further comment, TUR UAXT QUAKOR exhiblted was that Jadgoe Blodgett, in sdministor- ink the Rankiupt set, bad willtally viotated and perveriod the {etter and aplelt of tha law by mak- {ng an unlaw(ul use of the powors vosted in him ss such District Judge, for the purpose of enrlche fug his fifends aud favarltes, aud Los thereby Lrought the administration of Justice ju s court :l & Court of Bankruptey Into roproach and scans al. . Under this charge the evidence shows that in re- peated fustancus Judge Blodgots bad appointed ono of three persous—Robert B. Jenkins, Brad. ford Noncock, sud Goorge W, Campbe))—Froviss lonal Assignee before gular Azsignes bad boen olacted by tho creditors, yet {n wost, it not all, theao cases it wa wa that the assots wore of such a nature as demounded jmugalate siten- tion. The business of tho bauxrupt had beon of such a charagtar that tho interests of sl concerned reguived it 0 be kupt.Jo operation. It was, morepvor, shown {hat thd” Proyistonal As- alguoee thaa appoluted were ‘capavle men, expe. tlanced In snch buaincsy, And were rally, It not in overy fnstance, of the kind elocted by the ereditora, while thero 1 NOTIHING SHOWING ANY CORRUPT INTRNY tnthe Judge in making such npnofntmonts, fure ther than hia friendahip for the parties appolnted, nor that any pereon waa Injured thoroby, 1t also apnearod that, from Jan, 1, 1873, to Jan, 1, 1859, Jenking had been Assignoo In (47 cases, Hancock n 232, and Campbell in 362, making In a)l 3, 121, Yot it also occnrred that, In A jarge majority of tha cascs, thoy had been choson by the croditors, and thelr clection confirmed by | the Judge, and that they were commotent and experienced men, and that mo modns or filegal fuflusnco hiad beon waed upon or by Judgo Blodgett to procure thelr appulntment In ony case whatover, r It alao appoared thst Momer N, Hibbard had falled to comply with the rule prescribod by the Bupremo Court renuiring him aa Regiator In Banks ruptey to flo statementa of his fees in onch case ‘wutly the Clerk of the Court, the fees to be taxed by the Clork, and if any questiou abould srise thoreon an appenl might bo taken to the District Judgo from tho time the rule wae adaplod until within quite a recont date, yot thers were no ovie dence that any questlon bad avor heon ralsed, or an appeal taken fo the Judga or his attention called to the mattor in any manner whatevar, In short, it mny bo antd with regard to this par- tlcular chargo, thatwhile the adm!nistration of the Bankrupt act, of which the country will fortunato- 1y soon be entlrely releascd, lod to tha transaction of & Iatge Amount of business in chambers by tha District Coure of tho Nosthern District of 1liinals, whicl was greatly crowded with cAuscs arising un- de that act, and consequently afforded opportani- tles to ovil-disposed porsons to perpotrate frauda upon others, and gave rise, perhups, to suaplelans and complainte of favoritlam snd corruption, whether well or §ll founded, your Commitica aro nuable to find in the evidencto tho proofs upon which Judge Blodgett could bo impeached on guch achargo, . The same may be ssid in relation to THE ONLY NEMAINING CUANOE, which was to the elfcat that Judgo DBlodgett was o party o or had corruptly contributed tho ald of his official positlon and conduct to a conApiracy o de- fraud the stocklolders. of the Uarden City Insur- suce Campany by cnabling cortain porsons to buy up tha stock of that Comuany at s discount, That thero was a conapiracy of that character, and that the consplratora resorted to a procceding n bank. tuptey before Judge Blodgett aa one of the mesns for nitaining their objoet, and that much objoct was gucceesfully accomplished, thero can bs no doubt from the evidence, but as tho tost)s mony bearlng upon (ils pardicalsr charge hian mot yet beon remrnca to them by the Publte Printer, they will content ihjomsolves with a simple reference thereto, with tho remark that, however fingrant that fraudulont con- spiracy may have been, the praofe before them are not such as to show that Judge Biodgott had any auch celminal knowledga of a corrnpt participation thetein ne wonld warrant his Impeachment thore- tor. In. vlew, therefore, of all the evidonco botare them, your Committoe would respectfuily recom- tnand the adoption of the follpwing resolntian: Resoived, 'That the charges nmalnet Henry W. Blodgott, Unitud. Staton Disteios Sutgo o the Nortuieen District of Iiifnofs, be fald on tha table, and tho fonso take no fusther setlon thercon, oJ. Puoctok Kxorr, D. B, Curneasox, . dJ. A, MoManox, . W, 8, SreNann, Wittian £, Kuve, BrxzasuxF. Burien, Wasriazox, March, 1870, CRIME, A DANGEROUS: SCOUNDREL. Apcclal Dispateh to The Tyidune Prrrsnund, Pa., March 3.—~Ieaders of Tue Trisuye will remember tho excltement ocea- sfoned a yeor of two ago by the explolts of a mun nomed Brooks, e was Implicated {n rob- beries In Chluwro, Bt. Louls, Louisville, and clsewhere, 1n all of which money and vnjuables in large atnounts wery sceured, flia lust ogora- tion, 8o far us {8 kuown, wes the robbery ‘of the Unlon Express Cowpany, uear ' this city,. wherchy fo. obtalned about $,000. Brooks wos n telegvaph operator, wmd, in order to stoop in this money, hy wept up slong thd Moo of the Allegheny Valley Raliroad, tapped the tolezraph wire, and sent a dispatch to the express-train, on whleh he knew there was a safo coutatning a Jarge amount of monoy., Thia dispatch purported to comp fron the Superinteadent of the Unfou Express Company, und notified the messenger, upon the arrival of the traln at Tarentum, to hsud ovor the keys of the safe to Brooks, and then o back aud meet the noxt trafn, ‘Thew Brooks sont to Turentiun, preshnted the forged order to tho messoneer, aud tovk possession of the trensure. e then took the monoy out of the sufe, und, when the trafn arrived at the Unlon Depot, be got inta the express wagon, ostensibly to ride to the office, but he soon juwped out of the vehiele, uud it was not until fome time alterward that the robbery was dis- covered. Detectives wore then placed on hia track. They followed bim through tho - South 4and to Cubn, whente they fost track of tfm, It was sald o was alded toescabs by telemraph operators notifying him of the whereabouts of the detectlves, To-day n letter was recelved from Brooks, {n which ho rolates that, atter mauvy Dardabips and difienitfes, he renched Lima, South Amerlea, whero Lo has sluca resided. Ho savs ho will come back € the Expresa Cotapany will promise not to prosecute hin, In roturn for which ho will muke o fall confesslon of his mavy crimes und polnt out his aceomolices. The questton with the Express Comvypany {8 now whather it would pay to sond for him, ns it s supposed he squandered the money he goy away with, An official of the Company was futerviewed to-day a3. to wiat wouldt be done in tho matter, but he refused to zive auy faformation, THE HOLZ MURDER, Bpectal Dispaleh Lo The Tivune, Miuwaukes, Wis., March 8.—It is now estab- Ifslied beyoud question that the nameof the man found fn the fforicon inarsh, murdered and robbed, was Fred Lolz, a teamater of this clty, Decensca has o brother restding ot Horlcon, The latter was telezraphed to-day covcernlng the motter und ropliod: “Iolz is here. Will bo bome fn two or three daya.” The answer bolng unsatisfactory, a gontleman of the Chicago, Milwaukes & 8t. Paul Raihay was telegrophod to tor Informatlon, FHo guswered thut the man kilied was 2olz, who cama there with 8200 to buy a horse, When found his money was eone, and even - lis coat had beea taken. The opolico officlals erticlsa the actlons of thoe brother of deceased in not utorming the family of the decensed by saying that {t'a strange, 10 say the loast. 1t 13 easy Lo pereeiye that they hiartior grava nust( ‘Phey think that Holz was murdered in } , snd the bady carried to tho polnt fu tha marsh whora found. Ho formeriy resided in Horleon, and, hefore comlug to the “city, sold the grops mflr o1 which money is supposcd to havo boon stifl due himy 08 he took papers along when ho loft, o week ago. Thla tact slso tends to deepen the myaiery surrounding the traedy, None of the ofilefals here™ belleve thut the murder was comltted by trawps, ‘They think others coinected with tho deceased {n bustuase trausuctions had a band inle. Datective Smith wil o ta Harlcon to- morrow to Investigate. Holz was 3L -years of sy, uud unwarsied, He had 8 sather, nother, gmuwr.lulnl ter living on Natlonol avenue, outh Slue. uealal Digatch 19 Ths Tridune, Miuwauked, (Vie., Morch 8.--Frod ITolz, aupposed to bave beew murdered at torleon, retucned nawia an & late tnudn to-ulghit all reht, ‘Thls luavea the identity of th¢ murdered men sH11 an open question. —— THE PEARSON ASSASSINATION, &pectal DisnaleN fo The Tripune. Quixoy, lik, Mareh 3.~On the night of the 23d of Novembor last, Dz, Pearson, of Augusta, Usncock County, was mystariously murderod, 4 stranger calied upon bim and requested him to o and sev 8 pationt, aud, when avout a mite and a half out of vowe, i & seciuded spot, the LUoctar Was attacked and beaton to death, The taurderers, however, had o offectually coyercd thelr tracks that, altholgh susplddan was dircet- cd towsrds several, absolutely no clow could be discovered until about o weok mro. At ihat thne 2 man named Tarr awlved fu Quiocy, and, while bere, ho wes put fu possesslon of importaut syldeuce in tho cuse. A dotective was thersupon scat to Minuesats, und, on Briday night, the Doctor’s irionds In Augus- t wero uotilled of the arrest of a negro uawed Ed Forguson, wh ertme, and told nfl»fi?n'.'nfu"“‘ Sompllelty tn g ; 8oy tion, It seoms 10 hnve ua‘,“"—"nmm!:";l"t'rlnga;r?_ n which thires whito 1nen ns we w‘nrl\ ?ngn\m!- These m:n “l'r'z'imm.\l;rlfi i piek, Levoy Werklir, and Jonn joron Hete '::i‘:,""fi Km:ln l{m;‘\“w" v 0o Jiv ! 3 Ik was pron i odaed fr fafl at Augusta. “fl;{\(flfl?”m nl medlately sont £ Alllscs “Rad "Gt fm- directing e arrest of fea, R4 Ou, Iy, Theat mew were tu-u»yo M}H IS 'lsnfiv:Ik‘J;fi: Busta. 8pectal Diwateh 1o 7 SERINGRIELD, Tl Nosoh fefiens |, excilament at Augusta, Hancook County it e necuntof Ao murarersaf Dr, Poara. it 2 0 'RIDUNE laap o1 2 him I 18 It a8 fenrod that tho mon oy oy The Governor immedintely telagrapry Reled: Sberl( at Carthage, directing by the prisoner wyas proteeted, conipany at Carthage, ani tary : 1 80l one at Augusgs, THE GREAT MAN-BUR) Specal Disvateh to ‘7’1.‘?%7‘(?3}“'“' Lcoww, Nob,, March B.—~Adultlonal fg, ments havo been found In the Olive cgq kt: Hastiogs. The firet indictment. 1s againe. g & Otive; Jobn Baldwin, William 11, Girecy e erlc Fisher, Barnoy J, Gillon, Ben Brown, 1 o Domiolcus, Phillp Dulran, and Donnis fl‘mmm ‘The Indietmont s alone fop rurdering Lu:la."‘ Mitcholl, aud conslats of six counta, vz, g, i shooting In the elght sido: sccond, shoatiy o tho left ldo: third, tylng with o rape and :fig’kfl fug and steangling: fourth, tylng with 2 ro; 5 and haoging to the ltmb of o Lree; fn, hy, ” Ingand buening; sixth, causing lm\lcmm)'m': - menns unksown to jurors. The. otherindictme : {8 agalust Barney Armatrong, Veter Bluie, “r:l Audy MeInduftér for tho murdgr of Amj o Ketchum, by shooting with a pistol, The ca, .3 wss set for trial March 81, For the nm«;. cution will. appear Dist.-Atty, Bchofeld, Atty.. Gon, Ditworth, ex~Judgs Thurston, ang éenu{;’p Brows, of Lincoln; for the defense, fomer & Connon, of Fort Kearney, the Hon, Jomeg Laird, the Hon. T\ L. Warrlngton, and the }on, B. I Hinman, The trisl promises tote ™ mreatest ever bield {n the State, Many erroneany reports reparding the indlctments have been sent out, but thess are the only facts, BIIOT TIINOUGIE A WIND 81, Louts, Mo., March 8,-A m“.a."f-"n‘, [ “pateh.says: Michacl Carolon was assaulted to. night swhlle In )ia store on the Bast Leyes about Bo'clovk. fle'was estting on the connter when an unknown man came to the window on the vorch and shot through tho glass. Tho by entered Carofon’s body fn the back under the shoulderblade and passed through the lower part of the loyrt, kiliing bim {nstantly, A com. ponfon sitting near sprang to the dy shot swas Gred ot bim, bt s missed. o cers aro fu pursuft of (he assaseln, but, us ho js uakaawn, It 16 oot Hkely ha will bo captured. PEKIN AND PEORIA. Special DIsvalch Lo The Triduse, 8eRriNGr1ELD, 1L, Match 3.—A Deputy Mo slial arrived i Boston-to-day, and arrested J, p, Stearns und D. T. Mills, the Eastern recelving agents of the Pekin-Peorla Ringsters, who ara among the vietima recontly tndicted. George ¢, Ulassford, of Peltin, an ox-rectifier, appeared i caurtto-day, and gzave $5,030 buil 10 onswer the indictment sgainst bim. John Mohr, alss of Pekin, gave 81,000 on Wl single Indictment, A Deputy Marshul left to-day with sesenteen war. ruats, some of which are for whisky crovks, A MARSITAL'S FOSSE OVERPOW- BRED, CixoiNsaT, Moreh 8.—A Deputy Unlted States Marshal of the Sixth Distriet of Ken- tucley levled upon a frelzhit traip on the attach- ment sult of the Flemingsbure & Sound Gap Rallroad, and switchied It oft on a slde tack ot Jotinaton Junctlon Saturday nlght, placing a Ruard over the traln, This morning a band of armed men eame up from Flemtogsvury, avee- nowered the guard, and rook the tram away, BUNGLING WORK, Lrrrny Rock, Arlc., March 3. —Burglars mada a bungling' cifort to rob the safe of the Faufker County “Uressuree’ 1ast “nlght. . They broke off thy kuoh and hinges with a s(cdue hammer, und then attempted to carry off the safelus spring wagon, 14 was found i the yord of the Couri-House this mornfug. It f3 supposed (o be tho work of Mewmphls yicrocs lately come to the viclalty. HOMICIDE, RicioNnD, March 8.—C. C. Curtls, clerk n Wingo, Ellett & Crump’s boot uni shoe vatab~ fshment, was shot fatally this wmoralg by George Poludoxter, It s alleged that on datur day Curtls dsed {mproper languaze to a Jaly customer, the flancee of Polndexter. Tuls morniie Polndexter cowhided Curtis, und sab~ sequently the {attor went to Polndexter's placy of busiucss, with the result stated, AN EMBEZZLER PUT IN, . Bpecial Dispascis to The Fridune, Rockrony, ), March 3.~Charles F. Good- hue, ex-County Treasurer ol Biephienson Covns ty, was sentenced to four yeara fu Joffet, for embezzlemgot, He was refused o new trial by Judge Eustaco to-dny, ho having hnd ft s der advisemoent for the past three weeks. Aa uppeal will bu taken to the Bupreme Cour DEATII SENTENCE. Maxemig, Tonn , March 3.~To-dny 8 m‘nm\n for a new trisl fu the cass of Charles Woods (colored), convicted of the murder of Mrs. Yfi tet, was overruted, ‘The brisuner was geoteo to by mmF Mav D, Anappeal to thy supreme Court will bo taken. MURDERED BY DE‘AL’I’L(!AI{GE'& GALYRSTON, Tex., Mareh $—Tho Natd' spo- clal from Bhermon siys K5, Ayers Marehal of Wiftesboro, was tuurdered by desperadoed whow be bad been trying to arrests e OBITUARY. Doath of tho rent Load-Panell Man-0ther Nows. Spectal Disvatch jo The Tribuns 3 Nnw Yous, Mareh 8.—Eerhard Faber, loumll“ cr and haad of the house of A \\l.'rn\n’sr.k this couutry, died at hls realdence In New ij on Bunday, aued 87, b was the !Ira} o e:l: % 1sh the Jead-peuc! house of A. Wi Fuber L'- undd from this ity ho has, withis the h\ml:m\n.nyr yoars, sproad the business of the frnt a\' of % the Unlted tates, Mo was born nesr Nure o berg, Bavaria, Doc. 8, 1822, the younuest o & Ueorge Leonard Faber, son of & We hw.-l o grdmdson of Casper Faber, who lieat le“x‘ o manufacture of Faver's endis lu\_ 1980 1810 Mr, Faber cune ta New lulr openied o branch Touss of A, W, F |tr." o Lusjuess wag ab Orst condnuied slunly 46 agency to the maln house tn Gyrinaltt, n\p:!\ o clis bolng fmported as great oxpesy I“ e aren eatabllsmont, B, Faber cone el dea of wauufucturing hia owi v el country. In 1801 ho baile the first fe Ky manufactory in Ameriva. r.ntmuavlfz?( ';m« ol ery Was Introduced to reduco the dtl VK e taen tho prico af latior ta Eurupo W 00 g In this factory wera mado uil iradus o J pid upon which ar excessive duty wmmmm’" ol Faber, 88 yours pussed, enlareed bls p o i manuisctured pun)mldm. rubber ‘K“-I‘L;“‘:fi oy ulu‘llun. uAv:r“l\lug' c,:xgul::flt;:}lwl‘;’l::‘l;: i trade. et i e t of a rubber fuctory in New Jer 3% Ell;‘l)g:’bczd bv‘ ‘ios o the mswalecture uf sub aterisle. MR Lous, Murch 3.Mood At (8 merly convected Wi s LA Y o tml,!urmuuudm}u 'of the Bug Frubclsco Chross to-luy. Sl ”I.Z’l:fl* Diagated g0 e T el BrLoOMINGTON, 1M, Murch 8. 'Qs Fathier Mitchail, of Normal, fumlllnrla- tnowu 8¢ ST Mitcuatl, o venarable gesldent, and 8 ul el ing a promlnont position in Meu\mlu:m it ulzlu, Qled yeatorday, seed 81, e ok vears ib Platieyitls, Wie,, whenco ho Normal uearly twenty yeurs sro 2P OF A RIVER. A R O T O Tibae. ] 2ard 8 185" Brsuanck, D, 1\, March 8. u\"';,].;z " alosz fug fu the Upper Missourl country, ) m‘: Hng of the Nartheen Tacitie. “I‘neu’rul:?‘ it Riser lee at Buford {a covered with fobe sy watcr. Tha Yellowstono flovd 1s vowtuz . o it on wo chomists *0it 1bo B85 0 ey oAt D yetion af & taole wtues L} Las)bocoma popular und Wghly u—wu;t'v el 1 over the world, known ev Les &6 Wor wuhm‘l s-ucoequ:mn’ 'Iu:w“"l,! s A 5 clouy Haror B e O naldurcd mlayessd’ 1o 10 couplete rallaby