The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-03-20
Judge Davis on the Phelps, Dodge &
Co.'s Case.

WAsuINGToN, March 10.
Judge Noah Davis made an elaborate
statement before the committee on ways
and means to-day giving his knowledge Of,
and connection with Phelps, Dodge d
Co.. case. At the request Of the custom
house authorities, he examined documents
and statement made before by Mr. Jayne,
aud gave his opinion that it was a case
that justified further examination. He
arranged the authorities that an applica-
ton fol- warrant TO seize the books and
papers should be brought directly to him,
but should be put under his control and
refuse to exhibit their books and papers
after they had an interview with him.
The firm were much astonshcd on being
told the evidence justified the Investigation,
and offered their books and papers for OK
animation, and Mr.. Jayne was sent to their
store for this purpose. Mr.. Jayne read
the statutes which the alleged firm had
violated and form of oath, and told them
that. in taking the oath in thai form, the
person who made the entries had commit
ted perjury, and showed their penalties in
such cases, but did not make any threats
except such as might be implied from what
he had done On the 3)th of December
the witness VISA sent for by Mr.. Jayne TO
come to storchousc, and there found Mr..
Jayne and the counsel of Phelps, Dodge
q Go. negotiating FOR n settlement. Mr..
Jayne said proposition had been made
which he would not accept. According to
the judges recollection il was about $50,
600 Mr. Jayne sail he had sent for the
Judge to inquire in what manner
the matter could he cleared up
at once Davis said 10 them i. coulL
only be done by snit for specific sum and
the payment of that amount in full, bat
suggested that there might be a basis OF
settlement on the articles alleged to be
actually affected by the alleged fraud
Jayne was then requested by the counsel
for Phelps, Dodge Il Co., to ascertain the
value of such articles He did - and re.
! ported the same to be about e2C0, 900
Jane reported it to the firm and after con
sultation with their clients they came t,
the conclusion 10 ply the amour, 10 close
the matter at once. 1t was arranged to dc
this on the evening of Dec. Both Mex
morning Judge Davis had an appointment
with Mr.. Bliss in respect to the cases OF
the calendar or on trial and of which Bliss
would thereafter have charge. Daring th'
consultation he received note from Mr.
Jayne requesting to see him.
At the close of the consultation witness
said to Mr.. Bliss | am going down to thu
custom House to close up the supposed
heaviest case that has ever arisen in this
district, arrangements for the settlement
of which was made last night, and it wa
to have been settled then. The services o
this Office have nil been rendered
and / suppose am as much entitled
to the fees as if services had been rcp
dercd six months ago, but rather than yol
should think | have neglected other mat
tiers for the purpose of humying up tn
case to get larger fee just at the close o
my term propose you go down with m
and participate in the closing case and taxi
one half fee.
Mr.. Bliss was much surprised and sale
after n few moments pause; Judge, since
you have made that proposition, fee
bound to tell you the case will not b.
closed up to-day. was informed las
night what took place at the Astor House
and were at the collectors house till
late hour and know it is not to be settle,
to-day. They have been playing doubl
with you. Mr. Bliss added Somebody
| will not tell you who, has been carry
ing water on both shoulders. think
won't go down with you.
Bliss then left the Office and Judge Davi
repaired to the custom house. He wen
in n room in the naval Office and found TN
collector, surveyor, naval officer and Jayn
sitting together; Jayne said he wished t
ask Judge Davis about the decisions mad
constituting the statutes of foricitures
am ready to give YOU advice, but | wis
it to be understood before doing So that
will have no fees and no part of fees in thi
ease, Fee, if any, to so to my successor
whether the case is settled to-day or here
after. He then answered the question
asked and said that the case in his opinion
was one in which no jury would ever Civ
a verdict, unless by special direction of III
court.
The counsel for Phelps, Dodge IL Go
were pressing settlement, and II the
looked to their own interest they had bette
| accept the compromise. He had no col