The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-04-07

SPon WINS poiht mf' thihn .. Couey, In an
unexhaustive argument before the Senate
committee, says,
''This decree, thus fraudulently obtained,
and set aside by the Judge whom Ord de-
celyed, vas ths only Judgment obtained is favor
Of Ne elaip,. II Is called "judicial contir-
nation McGarrahan q Co., with no WORD
Of censure for this disgusting fraud, are
swirl 70 find for Ord the excuse that he had
revealed 70 the Government the fact Of his
interest In the claim, and requested the en-
ployment Of other counsel. There Is no
proof Of this but 0rd's unsupported allega-
ton, and II is contradieted BY the fact that
no letter from him tot that effect can be found
In the Attorney Generals ONCE. But II Il
were true, vhy did he not reveal the fact to
Judge Ogier when he induced him to order
the decree Of the representation that the
United States had no objection 70 the claimi
"Judge 0glcr, having learned Of the fraud,
set aside the decree 21st March, 1861. Judge
Haight, his successor, vacated Judge Ogler's
order on the 4th Of August, 1852, on the
remarkable ground that more than term
had elapsed between the entry Of the decree
and the order setting 10 aside, utterly over
lookinq ne fact hat his Own order Of vacation
ioas made year AID a half qtrsr ysdgs Oqisr's
last action. Surely, II the lapse Of q term
paralyzed the power Of Judge 0gier TO pro-
tect the administration Of Justice from
gross fraud, II ought to have withheld Judge
M Mai g ,iVn aesV iahs saa. ilsua 70 nIe'
lice than the poveT 10 reach oyer technical
rules Of their own making 10 correct fraudu-
lent wrongs. ....
i,a Ioioweu lug haisnt oaae ,
Sncnst 1850, his rsncntsncs and yacation
Of that order, Sd December, 1859; and the
effort Of the United States to get an appeal,
s 80 .na. ' ~. I ,s gnt naye iaf Juoic'a'
To strenpthen thls point W, ouo,. again
from tho rcnort of ss,..ors wi,Iiams ana
p.rrv 1870 I. rr.,, rn,.-.ns a. !, orr -.
view OF TINS cases
"Much has been said about the good faith
OF McGarrahan and his equities on that
ground. The fraudulent decree was made
by Judge 0gier, June 5, 1857. McGarrahau
purchased December %, 1857. January 4
1858, the decree was entered. McGarrahau',
deed shows that at the time OF bis purchase
Ord was half owner Of the claim. Prior u
that time instructions had been given by tn,
Attorney General TO the law officers Of III,
Government In California TO appeal TO the
Supreme Court all cases decided adversely L
the United States, Ord, OF course, knew O
these instructions. Ord and McGarrahar
were brother lawyers and partners In THU
speculation, and II is fair 10 presume tina
they consulted together as 10 their common
interest. McGarrahan purchased before tn,
decree was ended. He purchased into q Law
suit. He knew that the case would be ap
poaled to the Supreme Court unless pre-
vented BY fraud. He knew that other per
sons were In possession Of the property, AZ
the affidavit Of O'Brien, filed by claimant
shows. No equities arise out Of such stat
of facts.'
What furtb,r arop,spt 4. pesdsd IA .bo.
A., I.o... -. .,,,. a, Ia
TINT heua'ianan ne'er nAa u t'io W NJ
claim He knew IL was fraud when h,
went into Il. Il is clear az the MONDAY suu
tina, he tool tho step aaylsea,v ana coBnt.j
-,,.. -.,,',,,.
htBcy upon .ne raseAn'y ana eorruPuoni'.
OF such United States officials as Paclfcui
Ord. Amer what he supposed To be the Ina
termination of the matter I'm the Californi,
-. 81. 49,. ~.
couf', 'auA" Anu ~. '''ouu'' W to
sort all schemes and devices, long thwarte
the efforts Of Attorney General Bates TO OBJ
tain an appeal to the Surname Court. TT,
go =, ~. ,,ah, ,h., -o,,, :. -
was airAa Oh 'he hsh' 'has Nouio % sne'
that high tribunal. Then he resorted Il
effort. tn obtain n natent nan ding ,.0,l nro
s,,... 49,. -. 49, -.
eeeains'' a"u "0 na,o s"oauJ sno"h 'na'
his claim to recognition by the two Secreta
taries Of the Interior IL without the leas
foundation. II has been stated nv tho A
:, ,,i, .,.,.., a., =,
'enucis vi 'n's ciA'uian. 'na' pr'a'e lndi
vlduals are lighting this battle with McGar
rahan. This Is not true; for from Its incep
ton until the present time the cont.st ba
,aan oo,,ro,.s .o.in., uon.-.h.... A..
oee" '0'due1u as"'u'' ae"ai'ahau w III
Government. Upon this point We quot
again from the argument Of Mr.. Coffey
,Isewher. referrea 10,
ar, -. ....,.
-, .hs, nv ,nese seae's, uut sne Sover'
/ THutu III tuc COuItb. Inc AttDf0ty Genefi