New-York tribune., 1869-04-01


THE CONSPIRACY AGAINST cor. FENTON
There is at this time wonderful flourish OF
Chinese truRpets on the part of tho enemies
of Senator FentOn, in consequence of an attack
in The Nep- York Erening Post concerning
certain $4,000 alleged to have been paid for
the purpose of securing his signature, as Gov
ernor to the bill passed by the Legislature OF
1863, relating to the NewYOrk and Erie
Railroad Company. The slightest examination
of the grounds for this charge ought, as we
have shown, to be sufficient not merely. to yindi-
cate Mr.. Fenton, but to oyerwhelm the con-
spiratOrs who are seeking to disparage his
fame with shame and confusion. This whole
accusation rests upon the testimony gwen by
Mr. Thomas Murphy before the Investigating
Committee of the Senate, Of which Senator
Hale was Chairman. Mr.. Murphy testifies that
at an interview which he had with Jay Gould,
in which ho was soliciting funds 10 aid in the
election of Mr.. Griswold and the Republican
State Ticket, last FALL that gentleman de-
clined to contribute, and assigned as n reason
that be gave $4,000 to Hamilton Harris for
Gov. Fenton, provided he signed the bill which
was then pending in the Executive Chamber.
If there was nothing else in the case but this
in any manner implicate Gov. Fenton. 1t rests
upon hearsay evidence, and even that does not
prove, or tend to prove, that the Governor had
any connection with or knowledge of the trans
action. Indeed. our curiosity is excited to
learn why Committee charged with the duty
of investigating the truth of certain rumors
relating TO corruption should have admitted as
proof the idle rumOrs afioat affecting the honor
or reputation of any citizen, high or low, IN
the community. There is not Justice OF the
Peace in the State 30 ignorant as to admit
hearsay evidence in a controversy involving
mere pecuniaTy consequences. Senator Hale
had been a fierce assailant Of Gov. Fenton be-
cause of his veto of the bill making appropria-
tions to the Plattsburgh and Whitehall Rails
road pet measure of Senator Hale ;
and why that gentleman, who is lawyer,
and therefore familiar with the rules OF
evidence, should have allowed this ex parte
rumor to be received and incorporated into the
evidence reported to the Senate, is question
which may well challenge scrutiny. Mr.. Hale
was also one of the few Senators, professedly
Republican, who united with the Democrats.
last Winter, in rejecting Gov. Fenton's nomi-
nations to the Senate for important Offices.
While Senator Hale's Committee were not
reluctant TO receive this precious bit of scan
dal against Gov. Fenton, they were quite
careful not to call out the name of the
distinguished person" who, according Ol
the evidence Of Mr.. Gould, was to be the next
! Republican candidate for Governor, and in
whose behalf Mr. Murphy obtained letter
from Mr. Gould promising twenty thousand
dollars to aid in his election. Who was this
distinguished persOnT Was he a member
of the, Senate. and one of the immaculate
cabal who had combined to reject these nomi-
nAtionsq On these points this Committee seem
to have had no desire to obtain information.
On this rumor the virtuous Erening Post calls
on Gov. FentOn to commence legal proceed
| ings to yindicate himself. What proceedings
| Suppose Mr.. Murphy should be complained
of for perjury. and the testimony of Gould, Fisk,
and Harris should be produced to show the fall
sity of his evidence. Suppose not only the
faIsity thereof should be established, but also
the malice Of Mr.. Murphy should be proved.
| Suppose it should be shown that he was the
| President of an organization consisting of the
JOhnsonized Conservatives of this city, that he
was personally hostile to Gov. Fenton apd had
labored with great activity to defeat him at
the Chicago Convention. Still, no Indictment
could be sustained, because, as the fact TO which
he had testified was only hearsay, and there
fore not material in any legal aspect, the
charge would fall to the ground.
Suppose an action should be brought against