Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-11-28
The r,,~.lc,.R.,r,,- s.,,-

The suif Of John NJ. Binckiev against eN-s'ora-
@issionsT Rollins 1 Hs- resumed m the Tinted
before Judge GiiCs, who delivered his opinion
uTOn the questions submitted ON SATURDAY A. 20
whether Mr.. Henry c. Mics, a clerk IN ne
Treasury Department, who copied the letter OF
Gr. Rollins uFson which the suit T. brought.
compared IL with the publication IN THE STAR
OF March :. ISIS, and Il the publications was a
true copy OF the original The counsel Tor DE-
fence objected, on the ground that witness being
a clcTk In the Treasury, could not he made 20
testify respecting maftsrs confded 20 him. The
Judge dccidcd-"ln this case the letter was a
Voluntary Communication from = government
cheer 60 the President, contain Ing serious
charges. The Commissioner was not obliged o.
Nfite 10 the President. The letter il not priv
heetd communication In any point OF view.
which Prevents SIS being Inquired into. Tbat
Sc med 10 be the view taken by the present head
OF the Treasury DEPARTMENT, Mr.. Boutwell,. wlso
CAUSED 4 diligent search q he made Ia his de-
partment for The letter, and n IL had been foana
ne no oonbt would have produced Il Cor thc pur-
poses OF this trial"
Nr. Stirling, for the defense, reserved an ex-
ctptiOn.
Assistant Secretary Hartley, Of the Treasury
Department, testified % the best Of his rccollec-
tlon the lctter contained two charges or two
grounds Tor Mr.. Binckley's removal-iucom-
Pttehey anu neglect OF his duties. also the
request OF the President that witness should
remove MIR. Buckley. Witness paSSrl the LETTER
10 the proper appointment CLERK. aud has not
seen IL since.
Cross examined BY defonse.-witness was act
ihg Secretary OF Tie treasury Tor about ten
DAYS; the Secretsryship was vacant.
Richard y. BoiSeau testified that he was q
reporter for the Washington STAR on the 5th o.
March, lsts, was in the habit Of visiting the de-
partnaents 20 Obtain news; fwitnesS was shown
the letter cut from THE START he could not
recolect that he furnished the letter for publ
cation; u made NO impression ON HE mind: some
times matters are sent to the oficc: used fire.
qutntly TO copy letters when allowed in tn
revenue department.; the printed slim shown
Was published in THE STAR on the Sth OF March.
Henry Z. Niles recalled.-wttaess read tn
letter OF Mr.. Rollins on the day Il came 20 IT,
treasury Department, March Sth. printed s'it,
shown; he read the letter and recOgni red AZ "a
the time to be substantially a copy of what he
had read In the original letter; recognized a 10
be a correct statement.
Crosby :. Moves, editor OF the Washington
STAR, testified that the manuscript OF the left,r
gave u the usual examination % satisfy himself
that II was genuine, and did not charge his
memory further with the matter. Does not now
Iecollect whether IL came through the handls OF
me regular department reporter OF THE srAE
or not.
John NJ. Buckley, the plaintiff in the caSe.
testified that the statement I'm the letter that n
had not done a single hours service for ave
months Is partly correct, but IL was in couSe-
9uence of the orders given by Commission
Rollins TO his subordinates to withhold from wit
ness All papers, and instructed them 20 disObey
his orders.
Mr.. Buckley further testified that ne pla-o
ms resignation in the hands of Mr.. Delano, WHO
said he would nle IL. Heard no more about IL
until he received his dismissal.
After the cross-eyaminstiOn OF Mr.. Binckley,
defence announced that they would open their
side To-day.