Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-01-29

sIlt~ any money TO be used % inruence lcri.s-
MI wilson. resum,nr, said the chees resr,rca
O. b. Nr. Spence might have bern PLACED IA
kie b rde 90 be handed b. a third party. but he
did net reeoilect even this. He dSnied emphat-
money reprcsc nfed by The CHECK, and be anew
ncthing whstevet concerning IL.
Al late hour che committee adjourned.
To-DAr.
The committee met this morning at n clock.
Er. joseph ID. Stewart was recalled and che -
animation proceeded A. follow:
Mr.. Wil~cn.-'sIn vour previous t4st mory YOU
said DIR. Dursnt ard Mr. Halett paid ven IN
isS4 . large sum, e,ceeding s2s0.eOo In l.snd-
in Pacific railroad bonds State "a whom Won
eeelsY''
10 erroneous, masmuch a. IL says .I,aid, whe.
IL shouid say received wac acting AZ conn
eel. also m Q nduciary capacity st time. and
occasionally a. Arbitrator; and IN regard 90 the
payment OF these bonds will say that NO part
Of them we're given Ia any person acting either
In a legislative or executive capacity. A. 90
the way in which l distributed this money
90 my clients
10 NOT PROPOSE To TELL THIS COMMITTEE
MI Wiison-"Wnl YOU now give the commit
tee the names OF persons 60 whom Won paid
Ar. Stewart--''I paid nothing 20 any msml.er
OF the government 1 viii Net reveal nv tram
actions with my clients.
Mr.. wilson.-"Do YOU, then refuse 20 ausws,-
the question:
Mr.. Stewart can make no statemcn,
tending 90 expose the business OF my clients'
committee 60 whom yon delivered those hon.l,
Mr.. Stewart" The persistency with VII q
this question In urged upon me il surprising
have already answered it," The witness he
mined.
Mr.. wilson" Mr.. Stewart, 4 will give ,sa
another opportunity
Mr.. StewaIt.-"Nou can save vourself
trouble Of asking IL again"
Nr. Wilson" Now. Mr.. Stewart, a. q
ask"
question, IL is already answered"
MT. Hoar here suggested that the answsi
Of the question asked would not necessarily -
volve breach Of faith with his (hr. So ..-
Mr.. Wilson also Mid the committee had n, g
conference on the subject, and had oonclud I'd.
that the witness had no right 20 withhold "a
answer.
Mr.. srEwARr'e RKAsoEs.
Mt. Stewart will give nv reason. ts-
declining TO answer the question. A. ha'.
stated VAS acting as counsel, hduciary, trfl~-
tee, and arbitrator at different timee, and nv
transactions In regard % the matter in quesi IA
involves great many pcrsone. The oonhdcn,e
OF these persons-my chemists nv rule and NV
guide; their rights. my rights. Suppose I shsu3d
saw paid Smith IS ,ooo and Brown s3.aoe. cal
ousy and bad feeling and distrust would bD the
parties; II appertains 90 private rights a..
I understand Il citizens have rights both statu-
tory and constitutional"
Mr.. Wilson.-"lf any member % the commit
tee wants 10 argue this matter with the wit
ness
Mr.. stewart.-"well, have given nv reasons
and want them 10 90 20 the public"
ANOTHER HITCH.
Mr.. Hoar moved that the further examination
OF the witness be postponed until O'Clock, and
the motion was carried.
NJ hat a.
sence would be required st the hour named.
Nr. Stewart wish to say 90 the committee
that 4 postponed an important case 60 come
here, and that shall certainly go 90 New York
this afternoon 20 attend 20 my legal business"
DIR. wilson.-.'well, you can easily go "a New
York this afternoon, IL you will answer the
Nh. Stewart.-..I have answered that ques-
ton; and now, il you don't want me any fur
ther-"
QUESTIONS Trn WITNESS BID AxswfR.
Mr.. wilson Come to think, 4 will ask yos
another question. What Kind Of bonds did Dir.
Ham and Mr.. Hay receiver
Mr.. Stewart-"Mr. Hay. to the hest OF nv
Judgment, received bonds Of the same descrip-
ton a. mine; they were part of the bonds lc-
eeived from DT. Durant"
Mr.. wilson.-s'Mr. Hay was acting in concert
with you?"
: Mr. Stewart-"That word concert object
TO. Mr.. Hay wa. acting under nv direction
Mr.. wilson.-"whst was the nature of the
business he did for vou?"
Mr. Stew art.-"I required him "a bring over
some bonds from New York Ca Washington, and
gave him an order ON Durant for some money"
Dir. Wilson.-'.Ho much did he bring"
Mr.. Stewsrt.-..S60.0Oo."
Mr.. STEWART WON'T TELL VINO GOT THe
Mr.. wilson.-..what did you do with that
money!
Mr. stewart.-"The disposition was the same
Is in case of the bonds
Mr.. wilscn.-"Do You know from whom The
bonds came?''
Mr.. Stewart-"From DIR. Durant."
Mr.. wilson.-'.To whom did you pay that
$50 .OGo?-
Mr.. Stewart-s.To tho.e OF nv clients who
were entitled to il, and they were NOT member.
of Congress"
MI. Wilson.-"Give their names."
Mr.. wilson, decline 10 give the names OF
Mr.. wilson.-.Dsd Won ever receive money
or bonds from DIR. DGTant at any other time2''
MIR. Stewart stated I'm my prev ious testi-
mony that Huntington paid me SO. 600, aud ind
he paid me only 81 90, aud Durant gave me the
other 5000 L want 90 make that correction
Gar tas ,1mstn ,r the towering form ,S 2. ses-
mittee room.)
MR. STEWART WON'T TrIL ABOUT THE soc
Mr.. wilson.-"Whst was that $4,000 paid
for?"
Mr.. Stewart.-"To discharge some obi CATION.
contracted by Mr.: Hallett; paid Hallett and
Durant paid me-"
Mr.. wilson.-..Have You a memorandum Of
your disposition of this SI0,0O0?-
Mr.. Stewart.-"I have. sir"
Mr.. wilson.-"will Won produce ite''
Mr.. Stewart will not"
Mr.. Wilson.-"Docs this memorandom con-
tain all the facts about the disposition Of this
| Sl0,goP?''
Mr.. Stevart-'No. sir; only partially ac-
counts for its disposition"
Mr.. Wison.--"Then you refuse to produce
this memorandum"
Mr.. Stewart.-sI do refuse 20 produce any
memorandum revealing transactions between
myself and clients"
MIR. Wilson.-"You hs We said that YOU some
times acted as arbitrator. Now, do yOa cou-
slider anything done before you while acting i'm
| that caracity as privilegedc"
Mr.. Stewart.--ss1 have studied that question,
and considering the fact that 4 was sometimes
acting as the attorney for one or the other par
ties affected by the arbitration, I have come 20
| the conclusion that IL would not be proper for
me to disclose anything occurring while wss
acting as arbitrator; for my services in that ca
pscity originated in nay having been the attor-
| Dey of the parties"
Witness held that lawyer cannot, without a
breach of confidence, reveal any transaction
between himself and his client. mo matter how
| long time may have elapsed since the trans
action.
Mr.. wIlson-"Are You simply apprehensive
| that your disclosures would stir ap strife among
your clienis?''
Mr.; stewsrt.-"I am perfectly certain they