National Republican., 1873-09-20
PROPER VINDICATI0N.
THE GREEN.NERRlCK CONTROVERSY

NJ ycrrleL Sustained by the Unanimous
yo,c, of tbe nor A.-ocintion-A We
served Tribute From Ills hs'oc''
Report and Hrspiations or the Cohh'i'
=. IN. An,oi,,edto Investigate the Ahntr.
p,,,re tho mast summer Benjamin Z. Green,
formerIy OF thIs city, now claiming TO reside ln
aeory,a and somewhat notorious as the couhse!
~ CRANE A CO. before the District Committee OF
,no IIonsc Of Representatives, In the investlga-
,,on into the affairs OF the District government
last session, was actively engaged IN circuIa,lne
about the city, In hotels, bar.rooms, and otnet
places printed pamphlet containing certain
specific charges OF professional misconduct
against our distinguished felow-citizen. Richard
n Merrics, esq.,, and calling upon the judges OF
the supreme Court and the Bar Association OF |
the District to inquire into and investigate them.
On the 10th OF July last the Dir Association, at |
the request Of Mr.. Merrlck, appointed corsmit- |
tee, consisting Of three OF its aolcst memoers'
who, after most thorough and searching IN |
yestigation, In the presence Of Green. who con- |
iucted his own case, and after taking, unuet
oath, tho testimony OF q number OF honorable
gentlemen familiar with the whole subJect-mat-
ter Of the controversy, the judgment OF the COM
mlttee gwen In their report and resolutions,
printed below, furnishes most complete and
thorough yindicatiou OF Mr.. Merrick, and Will be
read with profound satisfaction in tns commu-
nifty, where he Ia so favorably and widely known,
and so Justly distinguished a. lawyer and
citizen.
Report OF the committee OF the Bar Association
Sa,ioe ie ot he cSarses M OF proiesslonai miscon.
duct made by BENJAMIN f.. Green against
Richard 7. Merrick In q printed pamphlet,
TO tSe chiei and Associate Justices Of the So.
preme Court and the Bar Association OF the
District Of Columbia.
Youf committee was appointed under the fol.
lowing resolution, passed by the association at a
meeting held July 10, 1873:
"Rssolred, That at the request OF Richard Il.
Merrck, at meeting Of this association for an 10,
him by Benjamin K. Green, committee oil three
he appointed to investigate the charges so made
and report them at the next meeting oil the as
The sessions OF your committee were ATTENDED
by Messrs. Green and Merrick In person, and
mass q testimony was As. taken ,a,e ghe pr'n'e'
The nrst charge Is that Mr.. Merrick, as Green
counsel In the matter OF the Nanderwerken loan
was At me same time, wl,hoq, hs IN mo
nation OF the title, and reported the same detec
tive. when In point OF fact the only defect 10 IN
isss, 70 Helen and Adams, 10 secure debt du
the Bank OF Washington. Mr. Green, on cross
examination, swears positively that no discus
sion took place at Mr.. Merricks office relative
the title, and that nothing was said about Nj
Merrick having the title examined.
The following Is an extract from ureens cross
o. Did not witness and vanderwerken, at tn
time they were In the once OF Mr. Merrigk, hay
o discussion In regard to the title? A. do nc
remember anything OF the kind.
q. Did not Mr.. Nanderweiken say that n
wished the title examiner A. No.
q. Did not Mr.. Nanderwerken say that J
wished the title examined, and did not witnes
tnen say, "Let Mr.. Merrick examine 1t, then
A. Not to my recollection.
q. Does witness say that that did not tram
pire7 A. do not think II did.
Q. Did not Mr.. Merrck then say that he neyt
did such work, and declined to examine the tit
that he would, however, get a gentleman TO g,
abstract, when handed to him: A. am satl
.ned that that could not be so, because the tho'
sand dollars were paid down at once.
q. The witness Is satisfied that that Is not so
Q. Witaess swears positively that he reeollec
Il Is not so7 A. am satisfied that nothing (
the kind could have been. because the none
was paid down. am satisfied there was new
any such conversation took place.. -
Yet 1t further appears, from the testmon.
that
BxSJ. Il. GREENS FATHER
was In Washington at the time, and was In cot
stant communication with Nanderwerken an
Mr.. Carusi relative to the title.
The following il one of several letters AZ
dressed by Mr.. Dun Green to Mr.. Vanderwerke
relative to the matter; ,,..
DEAR SIR: saw Mr.. Carusl late on saturda,
He had progressed with the examination OF IN
title so far as to be able TO say that Adams an
Helen had not conveyed the titles to lots 10 an
II to any one, and will this morning 50 repor
When he made his former report lie did ne
know that the deed from the corporation
Tayloe and from Tayloe and my daughter wei
In the hands OF Nj. Merrlck, and these deet
made the title good.
am compelled to go to the Presidents on
may he detained there until O'Clock. wish
70 TO Richmond tonight, and hope you Will me
me at 800 to-day, and obiige yours truly;
twill appear from the testimony OF Mr.. Va
derwerken that Mr.. Benz L. Green brougl
HIM to Mr.. Merrick's ofllce and Introduced HI
TO NJ; Merrics. lie then testiiles as follows; blows :,
title on the occasion OF that visit to my One
A. It was understood that the title was TO
examined. and the matter arranged before u
\ money was to be paid.
\ o. bid you and Mr. Green ask me to examir
\the title? A. | think Mr. Green asked you. and
Mink that you either declined, or otherwn
Seted that you could not do 1t. There was som
'Yg said that you yourself would not eNlmif
vsiitle-that was fully understoOd-ont thi
yitlNpuh md somebody else TO examine u
Inc I'D the money that II would cost TO exaI
"i sNie-yOu asked me about the pay. sa
f,c,sn iS0t to pay It," II was understood
he made yen and mgselr that the search was
him ont ~ the expenses were TO be paid
70 ascertaii\ three thousand dollars. fon we
70 paw no m.At this title was perfect, and "
was not IN LS oneS n .losptSS @ @ SSslpess; con on
o, MIR, VandeiS loaning money.
that Occasion aftXen, what was done there
the thousand " ySn came down, aud
Know he urged me YER how II, Il occurred, ,n Pat 4
and l did. Non To let MN nave
Y. Dld ne not explain to- =, ,,o ,,,o d,
he urged you to let him hatn ~ '.s o I'M % !, .
agreement was in escrow wPe sl'ooo mat !
until the ute was found Thai n at was sS
q. Is that the reccIp, he sa> van. ~
aiming the receipt) Yes, sir. Vu' A. W
Rece,vea S"iSHTSS SI GiinsSi TaaeS%ss TS ssr To- 10,
sand dollars, being part payment Ot oae ,as ,ho ,ho
sand dollars, made under an agreemeH &c enli, Wy
In escrow with Richard t. Merrlck:, Epo''
Ul,Ooo) LIZZIE NJ. mvy
"By BES. 4. GSN. ,
Q. What else occurred about the title d; !,
advance OF the money; who examined hs,, ,,
oyOu recOlect? A. think his name is CaI
Mr.. Green's father-he went to New York,
after me, or wrote to me rather, think, nrst,
stated that the title was progressing; that
that the search was being made and would .
be accomplished, and wished me to advance
some 4at'hst @SRRYffy. @SRRYff aeeiihed i, doing "
tue was made good. Mr. CarIsi rsiiis Z,
are ane time e. that MT Green-his faGher-was In \
omce. lie was there when came In and AZ
70 you about getting some money, and Mr.
,S,n ,us, SAID ne mad searched but he did not
~ p1ngs ng satisfactory so far, but he hoped 1t mi
you, said ]: .Thls don't look very satisfacto,
began 70 think ] had advanced the thouss
dollars little too soon. did not say maCb
told him would furnish him more money
soon asihe title was satisfactory 10 me, ana
day or two elapsed. ''' "''
MI, Merrek. You tnrned TO me, and what d
isyT a. lOn said you thought II would
come right; you did not know; you would ace
", DID not tell you you had got In a thf
sAhu, you might as well let him have the oth
TWO hundred? A. Not that day IL went ,
anu things looked little more favorable nj 4
next search. They were three or fonr IA
sea:ching, and at last he came upop n iuIume
IN tue meantime, however, came in agaln n
ne wanted two hundred dOliarS.
Y. Who did-thp OH man? A, Yes slf. mn
said TO him and l said to you, al don't feel WI
ranted In letting him have any more money an
this title II perfect" and you said, al think
would let him nave It, or words to that effe
which always blamed you for. thought | h
Iost my $500.
q. Afterwards CaTusi made his report. did,
hef A. lie made his report.
q. And gave Il to you, didn't /? A. thil
MT. Carusl handed II to me, or think Mr., Carr
handed II over TO you and you handed ID 10 m
was 10 your room or oiiiUe, II remember rlgI
read II, and asked you, al don't think you "
consider am warranted IN advancing a1y mo
money on that" SOu said, al don't think v,
are, and think Mr.. CarusI told me that he d
not think he would care about advancing on IN
security There was something said 10 him,
Mr.. Merrick. You stated to the committee IN
when you came up to my OIlce the day this pap
WAS executed you told Mr. Green that Won N
not want TO advance the money until the III