New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-04-01
THE CASE OF PHELPS, DODGE g. Co.

statement and that OF MI Bliss desire you 10 DC lt-
tie particular in the matter Can tell me about the
date your first knowledge OF the Phelps, Dodge &
Co. easel
Mr. DAvIs-I told You yesterday that ii eight or
ten DAYS before the close OF my cannot give the
date any definitely; yet there Is one mode OF fixing
the date and that the date OF the warrant for
my attention called to the matter the day before
Mr.. DAwEs-what day of the month it that you
had the interview with Mr.. Bliss
Mr.. DAyIs-The 31st OF December.
Mr. DAwEs-What time OF the day had You that inter-
Mr.. DAvrs-The interview. I think, was from little
past ten o'clock little past twelve o'clock am not
very definite Mr.. Bliss TO be there at ten o'clock
aud he came little after that time.
Mr.. DAwEs-YOu have stated that you had not any
knowledge at that time that Mr. Bliss had qualified as
Mr. DAvIs-I had not the slightest.
Mr. DAwEs-How soon after that did you know the
Mr. DAvrs-I was told OF it the next day. which was
Mr.. DlwEs-At that interview in your office, who
Mr. DAvIs-Nobody but Mr. Bliss and myself 1t was
Mr.. DAwEs-After having invited Mr.. Bliss to go
down to the Customhoue with you TO see the settle,
him onehaf of what you supposed was your fee you
and he went down together ,.,,.,.
saying that it would be of no use.
Mr.. DAwEs-Repeat in that connection what you
stated yesterday was his answer TO yu when you made
Mr.. DAvIs~After / made him this proposition Mr..
much surprised He looked as though he was hesatDg
what to say He then arose and stepped to the mante
lit "a sna ROOM, leaned his elbow the manel, and
turned around to me and said, Now that you nave
made me that proposition feel bound to say TO you
that this going to be closed to day. was In
formed last night OF what took place at the Astor House.
and l was at the Collectors house up TO late hour.
Those peOpeOr these persOnshaye been playing double
with you: somebody, and will not tell you who, has
been carrying water on both shoulders and say to you
going down, and think will not GO" These ars II
not the exact words near them as 1t is practicable for
m a mn In IN ran he
decided impre sson upon my mind at the momeht
.a se4 Mr T Bs went %en
Mr.. DAwEs-Where did you goi
room and Inquired for Mr. jayne and was told thai he
with those officers up stars IN the Naval Office.
s| p sae se wSe Mr. Knok and n Mr. Wskem
sci for Phelps, Dodge Co. few words passed be-
tween them and myself about tue case anI went up 10
room, into what understood to be the Naval Officers
private rOOm-his own office.
Mr.. DAwEs-WhOm did you meet therel
Mr. DAvsml saw NJ Jayne the Uoiiieet s Gen zen
haaIni and centlenan whose name You excused me
Mr. DAwLs2I want 10 know all the persons who were
Mr. DAv1s-If the Committee insist upon it, can say
who were there. must say that have no knowledge
of this person having any connection with these matters
MI DAwEs-Ihe inquiry is If You VIII DE COCA enough
TO tell US, whom sou met In that room
Mr.. DAyIs-Ths person was Senator C0nkllng'
Mr.. DAwEs-slate them all; put them altogether in
list, so that may not be supposed to be searching
for name Give the list Of those persons whom you
found there IN that room.
Mr.. DAyIsThe Collector Gen. Arthur; the Surveyor,
Mr. Cornell; the Naval officer, Mr.. Lafin; senator
COukng and Mr. Jayne nave no recollection OF any
clerks &C., might have been IN the ROOM
Mr.. DAwEs-Report as briefly as you can what trans
pirei in that while you were there
Mr.. DAvIs-Before doing 50 i ought to say that In
stating what transpred IN the room Yesterday stated
substantially what transpred In regard To tns subject
Mr.. DAwEs-That ia all desire.
Mr.. DAvIs-Thcre much more said than stated
yesterday. There was discussion
Mr.. DAwEs-Give us substantially what was said, as
briefly as you can
Mr. DAyIs-Tlc substance, SO far as was connected
Mr. BEcK-You had better state it all; it will save
Mr. DAvIs-I went into the and spoke to these
gentlemen and shook hands with Senator Conkng, and
Jayne said, he being the first speaker OF whom have
any recollection, Judge, want to know what have
been decisions OF tue courts in regard TO the ques-
ton. whether the whole invoice is forfeited whether
the particular articles affected by fraud may be for
eted then said that tola was T Tasar5 10 10 f Gyf
question, but before gave any advice whatever |
wanted distinctly understood that III regard TO the
fees that case was TO have nothing whatever to DO
with them that they were to go TO nv successor, and
stood that did 1t entirely dsinteresedly In regard 10
any fee OF course yon can all see that was little;
perhaps a good deal, irrated at what supposed had
occurred, did know the exact person who had
produced it, then went on aud gave what under.
the courts in Newl0rk had, as understood invariably
held whenever the question came up that the forfeiture
Judge Clifford had held in some case in Maine Il have
never seen this ophion that the forfeiture might be
charge to jury, in formal decision o. case or IN
written opinion, had no recollection Indeed had
sion arose the construction OF the law.
Mr.. DAwEs--Who participated in that discussion.
Mr. DAvIs-The statute was there and 1t was read.
Senator Conkng read the statute. He had it in his
hand. Whether IL was brought In after came
IT over and said it did not seem to him that there could
be any doubt only give the substance OF his remarks
course that the true construction OF the statute
that the Whole the invoice forfeited and that
such state OF facts he thought 1t the dnty of the
voices instead Of for the articles affected with the
fraud said to him that thought that under the rules
OF construction adopted IN the Federal courts IA ~,
be put that statute But said that II the ques-
ton one purely at common law under common law
rules that statutes imposing penalties aud iorfetnes
were TO be construed the milder sense IA Die0re
sens thought the highest court would give the CON
sruction that would apply forfeiture the articles
actually affected but understood that the tendency OF
Ciquot case and some caseshad been TO give
those statutes rigid construction on grounds OF public
policy, and that thought the Supreme Court would
give the construction which lie gave to the statute
Mr. DAwEs-Carry 1t out TO the conclusion
character, ana all participating somewhat in it. think
the Collector said that he had great doubt about the
but thought that should be directed for the entire
invoices. said that that, OF course was for him TO
IecIor since had been in office, in some csses, aud
think Il AIN not certan) that referred to case III
wnlch tnat course nau Deeu Wucb, a.
derstOod IL pursued after some consultations win
Secretary OF the Treasury who happened 10 De at
the Collectors office III NewYork when the case came
up. l can state what that case was
Mr.. DAwEs-No matter about that.
Mr.. DAvfs-I think made an ausion TO that case.
but the substance OF the conversation nave already
given except that said after tins talk occurred that
gentlemen referring 10 the counsel OF Messrs.
Dodge Co.. were pressing this compromise aud that In
my judgment II the went TO trial no jury would
ever give verdict for 1.-THE OF the offered,
aud probably would not give verdict for anything, and
gave my reason for that the difficulty OF getting
IL does nowI am glad TO say the difficulty OF get
ting yerdics In city IN any OF that kind, how
ever aigrant. also stated that the disparity between
the actual loss 10 the Goycrnment and ;he amount