New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-04-28

receipt for the money signed by the Secretary OF the
Treasury a. Richardson, and sent to me directly from
the Secretarys Office. neither said nmated that
you knew any thing Of the payment made to Mr. Fay
never had any reason 10 suppose that you knew any
thlng about that part or the transaction Hoping this
will remove in part the injustice done by the
Of the report, am very truly yours, SIMON HERMAN.
Mr.. Herman said that he was not distller but
commission merchant selling largely for other persons
TO g. N. Pike Co and other extensive establishments.
He know nothing at the time OF tho nonpayment OF
the tax the IL barrels for which he indicted in
1872 indeed he had them, and I'm Europe
when the affidavit made In the After his
turn Joseph j. Yates, who Mr.. Herman stated,
dorstood to have been intimately concerned with A. G.
Fay in various told Mr. Herman that he
could take him TO man who would settle his for
him easily. He named a. G. Fay OF No al Broadway,
and as Mr.. Herman had heard Of him before q
cessful lawyer in the settlement OF such he
to him. Yates indicted last September for
asserted completely in the great railway bond
forgeries OF the Summer Of 1872, and has been
confined in the Tombs, from which he released
bail last Tuesday. He present interviews be-
tween Fay and Herman, when Fay told the latter that
would be necessary to use influence at Washington TO
have the affair compromised and that It would require
5000 for John d. sanborn and himself for employ
ment Of such influence. Already Herman had paid Fay
Aco as fee. After the agreement to compromise the
case for sOO made, Mr. Herman called upon Judge
Davis then DstricAttorney, and offered him his check
for OOO Mr. Davis advised him keep the check and
fight the case ont in the courts Herman inclined TO
think this good advice. and withdrew with his check
Afterward he met Fay and Sidney DeKay Assistant
DstrictAttorney (who is military secretary TO Gov
Dix, and Fay persuaded him that after the agreement
to compromise had been made and after the necessary
influence in his favor had been used by sanborn
at Washington, 1t would not be honorable for him
to retire from the arrangement and contest the
in the courts Accordingly Mr.. Herman re-
turned to Distrct-Attorney Davis and gave
into his hands the check for 600 Assistant District
Attorney De Kay went before Judge shipman Nov L.
1872. and had the indictment mol prosd. Mr.. Herman
said that he testified before the Committee Ways and
Means that he thought Judge Benedict the one
whom Mr.. De Kay WENT but he had ascertaned after
ward that 1t Judge Shipman Mr.. Herman gave
Mr. Fav his check for 81 Fay demanded No money
at all paid into DE Kay's hands by Mr. Herman,
has been asserted enormously. Yates present
when De Kay, Fay and Herman were in consultation.
Mr.. Herman said that he had any reason TO
pose that De Kay implicated in Fays operations as
the only time that lie him when he went before
sanoorn the affair knew anything about his
WIZ ~ or wha5 snare 81 o tde h npo me e
sidered that Fay, Yates and others who had worked
with them were "a matchmaking gang.
JUDGE DAVISs DEFENSE.
Judge Davis was found to be indignant at the
in the Associated Press report OF Hermans testimony.
which put him in unfavOrabe light. He said that he
had recommended that Herman's should be com.
promised upon his offer of 81 OOO because it was impos
proof that Herman knew that the tax had
not been paid the whisky concerned Being a COM
mission merchant he might readily have received 1t
from others without guilty intent Judge Davis had
known nothing OF any payment to Fay or any payment
of any kind outside of the of 5000 paid to COM
promise. After deducting his fee OF 500 from the
amount he sent the remainder to Washington by q
check $780, payable the order of Solicitor Baneld
Mr. sanborn wished him send the 81 and then to
look to him his fee OF $40 after he (5anborn) had
moety but he had refused because he did not
intend be mixed up in any way with Sanborns oper
atoms. He had previously refused to assist him. Con-
corning DE Kays asserted connection with the affair he
said that he nothing that gentemans dscredt
so far as he acquainted with the matter,
Mr.. De Kay had taken no money In the case
He had always considered him trustworthy,
and had not found reason to alter ms
opinion. With reference to tho statement that Mr. DE
Kay had been appointed by Gen. Buffers Influence,
Judge DAVIS said when he in Congress- after
he had received his appointment United States Dis
trct Attorney and before had assumed the duties Of
office, Butler remarked to him that MT De Kay,
who had been on his staff beginning the practice OF
law in New-York He did not know how good lawyer
De KAY might be, but had found him clever officer
and he desired that MI Davis would give DE Kay an
opening If he found him TO be a capable lawyer when
Judge Davis assumed his office De Kay came TO MN
with letter of accommodation from Geo. Bliss Jr in
whose law office had been, vouching for MS legal
abilities together with other letters from influential per-
Is.
Judge Davis furnished the following letters to show
what his course had in the Herman case, and to
proye that the Government had received It's just ues
He also showed check for $780, dated Nov A. 1872
drawn upon the Union Trust Company and payable to
the order of Solicitor Banfeld.
OFFICE OF THE SOLICITOR OF THE TREAsURr,}
WASHINGTON, ID. C., Sept. "a, 1917.
srp inclose herewith a communication addressed 10
me Inv Goodrich FAY esq, attorney forS. Herman or
NewYork City, against whom II appears certain d
ings pending in relation TO certain aieseo Hauu'
viii thank YOU to examine eis matter and report
this Office whether not you concur III the prOposeu
settlement A. claim for unpaid taxes against Mr.
Herman been included in contract entered INTO
Ipresume he he able 10 inform you OF the Facts Ill
the case. lam very respeGtfsly y, ns Treasury
The Hon. Noah Davis Y no >; Attorney
orprcr OF THE DIsTRIcrATToRNEY OF THE UsTTED)
STATES ron THE SOUTHERN DISTRICT OF NEw-YoRk. I
The Hon. E. c. BAYFIELD,, Solicitor Of DE Treasury.
return herewith the papers In the spphGfs,9n
sanborn TO whom your letter refers me, as TO the ey-
dence that he produced against HerWap and on et
ANIMATION that already taken, think IL very doubt
fnI whether cient can to satisfy jury as TO
the criminal intent OF the party. He oners 10 pay oe
tax the spirits traced to his ~
be disposed of accepting the taxes OF wnGn '9
prosecution Of the indictments ana respectfully rec
ommend that course. am, very respeetIaaHy' ,
NOAH DAVIS, u B. Attorney
DEpARrMEsT OF JUSTICE,
OFFICE OF THE SOLICITOR OF TIE TREASURY,
WASHINGTON. d. c., Oct 80, 1872 )
SIR: Upon the recommendation contained III ,e,sce
IN nus office of the 10th inst, and on my concurrence
therein the Acting Secretary OF the treasury mas ue
ended 10 accept offer of Simon Herman 10 pay aS
comnromise of all claims against him arising out vi
ALLEGED receipt distilled spirits, knowing the taxes "
have been unpaid all such taxes as state9, cnSrd
o. COO together with the costs OF court you wiz H %
ingy take required steps to carry he pioposgu h
promise into effect and advise Ihis once 'neo'HR 'H0
amount u"' C. BASFITLD Solicitor Of the Treasury.