, 1865-06-09


MAN, of the 9th inst, expressed the hope in eff
feet, that it would not be necessary for me again
to refer through the press to the much agtated
Capital question of Idaho But as Mr.. Leland
has undertaken a refutation of what | stated in
my letter, by publishing in the Radiator, batch
low and dirty falsehoods aginstme ,-notreally
denying the facts charged against him, but seek
ing vainly and contemptibly, to cover them up
and shift the responsibility by the Introduction
of foreign and irrelevant matter, and charging
"falsehood and perversion''-I feel called upon
to notice him once more, however unpleasant;
and unwise it may seem, to refer to one so notO-
riousy devoid of moral principle, manliness and
honor.
He charges that my letter, "to such as know
the facts is replete with falsehood and perver-
SION" This is certainly "knock down argu-
ment, and his letter abundantly proves the
baseness of the charge, by his utter failure to
show wherein any fact has been misstated or
perverted He also deals in the low accusation
that my communication "gives evidence of a
mind imbued with spleen and wounded pride,
for the reason the writer had not been success
full in his suit as an attorney" This accusation
is so supremely ridiculous and disgusting, and
so in keeping with the arrant and brazen pre-
sumption of the man, ito such as know the facts,
that it only requires to be set down as "False-
hood No. l.
that the members elected last October could not
legally convene as Legislature in November
Admit this to be true, does it then justify Mr.
Leland in writing out and publishing opinions
for the Court to suit his own peculiar notions as
to what those opinions shOpld be? But his
charge is not true, the facts are these: At the
time referred to did express some doubts as to
whether the Legislature could legally convene.
This was before the publication of the laws, and
l,,,f.. 4 - 4lz
subject or give it any legal consideration That
doubt, also, was expressed principally upon rep
resentatlons made to me by Mr.. Leland himself
as to what were really the laws touching the case
not at that time, nor until about the time of the
meeting Ofthe Legislature, having myself, access
to complete copy ofthe laws.
Atabout the time last referred to. also sug-
gested to Gov Lyon upon one or two occasions
the propriety OF postponing the meeting of the
Legislature, fnembers would agree to it, and
to call an extra session to assemble in January
suggesting that this course would cure all or any
legal defects that aegh ezi5t in the laws regard
ing the time when the Legislature should con-
iene.
mad also private reason for making this
suggestion and 50 expressed it at the time-de-
string to be absent from the Territory upon 9TH
er important business, until about the first Of
JANUARY So the second charge of Mr.. H. is a
'perversiOn" Of the facts and "Falsehood"
N0.2.
He says came to him and desired to come in
to the case as one of the counsel for Plaintiffs
This is 'perversion" and "Falsehood' No. g..
In my remarks to him upon h subjec after the
institution of suit, stated that mad been spo-
ken to as assistant counsel on the part Of Defend
ants, but my sympathies were naturally in
harmony with the people of Lewiston in their eff
forts to retain the capital at this place. had not
at that time consented to take the opposite side
and if did so, must be well paid for it..
He says, also that expressed, at this time, the
belief that the Legislature was illegal. This is
simply untrue, and 'Falsehood" No. 4.
Now the "gist" of my communication was to
show that the opinion published by Leland was
not the opinion rendered by the Court. And
boldly rc-assert it. | was present in court when
the opinion read; saw the manuscript hand
ed Mr. Leland for publication; and there was no
authorization there tor him to change it, This
should have been the proper time ifany change
was desired by the Judge or Counsel. Mr.. Le
land may call this forgery ii he chooses; per-
baps it is the better term, and more descriptive
of his act. There has been no refutation of the
statements | first made This fact Judge Smith
who has been appeal ed to by Leland, well knows
and cannot gainsay. II is now too late for the
Judge to Leland S aid and endeaYor to screen
him in this matter. He only the more deeply
and strongly entanges himself in that serpents
sycophantic coil. 1t is scarcely necessary for
me to say-a fact so patent-that thesJudge has
repeatedly stated in public and private, that the
opinion as published by Leland was not his opin-
ion a rendered in court and that the changes
were Unauthorized by him. IF he says d.feren ly
now, am not responsible for his cons stency
neither are the public blinded as to the Influences
of the serpents coil.
But Leland says Judge Smith wrote me a note
informing me that the opinion as published in Cir
cnlar form his auth o iztd opininion, &C
This is news to me, and without knowing any
fact to the contrary, | must class 1t as False
hood" No. 5. Judge Smith, to my knowledge
never wrote word or syllable on any subject to
me inhs life.
The opinion that | caused to be published in
the STATESMAN, was a copy taken from the orig
inal manuscript, hy Mr.. s. r. Hewlett, under
the authorization of Judge Smith, to whom it
was submitted, compared with the original by the
Judge himself, and pronounced correct. To this
Mr. H. will make affidavit if necessary.
Butt am attaching too much concern TO this
subject. The remaining portions of Leland's
letter need no further response from me, except
it be merely to say, that in so far as they are
contradictory to the statement made by myself
they are untrue T. NJ. REED.
P. S.-Since writing the foregoing notice an
item in the Radiator somewhat explanatory of
the charge of Leland relative to the letter he al
leges Judge Smith wrote to me. This may go
for what it is worth. have also had several in
te rviews with the Judge touching this whole
question, with view Of eliciting from him such
a fair ana candid statement, as would obviate
the necessity of my having th appear in print.
But as the sequel shows, am left no other alter
native If he desires to "rend the oak for Mr..
Leland, he must look out for the ''rebound, ~ for
twill surely come. T. NJ. h.