The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-21
THE Mo1ETY INVESTIGATION.

Conclusion OF Judge Davfs' Statement
The Statute Authorizing Seizures or
Books and Papers Obnoxious arad Arbi-
trury-senator Conkling in Connection
with the Phelps-DOdge Case.
WASHINGTON, Marcl 90, 1874
Judge Noah Davis, oil New York, wa, again be.
fore the Committee OF Ways and Means this morn
lug. He continued the statement commenced
yesterday OF his connection with the nolety cases,
particularly the Phelps, Dodge Co. cae, and gave
to the committee MS views in relennce to the
policy OF modifying or repeating the salute which
authorizes the seizure OF books and papers. He
gave 1t as his own opinion that that statute Was
obnoxious TO the constitutional provision which
secures citizens Of The United states from
unreasonable search aud seizure aud
tnat the statute should be repealed.
He was particularly inquired OF. and gave a mi
mute account concerning the interview which took
place at the Custom House betweenhim-eh and
the officers OF the customs relation to the CON-
promise Of the Phelps Dodge Co. case on the
3Ist OF December. He had given a statement of
the same inierview yesterday, omi ting, however,
to mention rne name OF one person PRESENT at that
interview. He was required to give Inc names OF
all who were present, and he stated hem as the
Collector, General Arthur; the Nava Onlcer, MIR.
Lanin; the Surveyor, Mr.. Cornell; the special
Agent Mr.. Jayne, and senate COnkllng
AS TO the latter, he expressed his belief
as he had done Yesterday, that ar. ConKng
was there not by design, but by accldnt, aud That
his presence had no reference to he case. ON
being pressed, however, by the committee to re-
late substantially what occurred at that inter.
view, he gave the substance of Instrumentation
which TOOK place, and which was IN reference to
the question as to whether the DECISIONS OF the
Courts were that in cases OF lalss entries the
whole invoice was forfeited, or oniy me particular
items that were tainted with fraud anu on that
point Judge Davis says that Senator conkllng took
opinion that 1t was beyond al d5uut that the
Mhole invoice was forfeited. ana recommended
tnat IN Tue tneips, Dodge TO- case suit Tor the
The committee TOOK recess.
After Recess.
The hearing Of Judge Noah Davis vas continued
by the Committee on Ways and MeaIs IN the alter
noon. He VAS examined by severa members of
the committee and gave his views III regard to
modiIcatlUnS TO be made IN the present revenue
system, particularly as to moleties ana as to the
SEIZURE OF BOOKS and papers. lie expressed him
self as strongly opposed TO allowing the govern
ment oihcers 10 nave any share OF the moiety, and
he would nave the parties a. pear be ore the Judge
and be heard before their BOOKS were examined.
AT the Close OF his statement he releired again to
the interview at the Custom House u; winch Sena-
tor Conkng was present and said Lat lie had not
the slightest idea, ana certainly had no
knowledge ana had no reason to sup
pose that Senator Conklng vas In any
way connected win the PHELPS. D,dge matter.
He did not WISH to be understood as conveying
in any degree the remotest lmpu'atlOn OF the
Kind. He wanted to exclude that idea entirely, as
he should be very sorry to make a suggestion
IN respect OF any memDer OF either House that
mgnt be warped lnto the Idea that he wished to
convey au unIaN cradle Impression.
WHITE AS THE SNOW.
Mr., DAWES remarked that IN putting the question
he mad no previous IntinatiOn VINO the person
al q q
present at the interview but whom he had not
named. He had merely desired to see In what way
the statement " Oulu ne corrObOrated.
Judge DAVIS replied that he Ouly understood
MI Dawes object to be TO preclude the idea That
there was any desire TO cover u, anything.
not SAID anything III reference to his own private
letter read by Mr. Jayne to tue committee.
THE QUESTION OF FEES
Judge DAVIS thanked MIR. Nioack for the re-
mineer, and said that these letters were private
notes winch Jayne nad no business to produce.
he thought, however, IL would Oe observed that
the letters were Simply an expression OF his opln-
ion as 10 the proceeding 10 GUST nim out OF his ee
he had been Very glad since the facts mad been de-
velopeu tuat he had not got any lee III that Phelps
Dodge q Co. case: At the time ne wrote the let.
a little sore In tue mater, and in writing
to Jayne about some other matters he had
thrown out an allusOn which he knew jayne would
ABOUT those transactions. lie said in
one letter that the case OF Phelps, Dodge " Co.
would not have been SO badly botcned-or some
Aslor House had been carried out as mad been
by which he meant, Of course, That
the desire OF these gentlemen to close up without
any public exposure would have been cOnsum-
mated and that tue long controversy which alter
ward resulted woulc have been prevented. He
had no other explanation to N Ike. He had re-
celved private letters himself on the same subject,
but, course, he would not bring them before the
Judge Davis also said,
IN REGARD TO JAYNE,
that so far as he knew Of the seizure Of books and
papers by Mr.. jayne a large majority OF the cases
IN which he had applied Tor warrants had been
cases oi actual fraud Committed by bribing Custom
House OfllceIs-cases which certainly ought to he
punished. lie thought he would be justified IN
saying that nine-tents OF Mr.. Jayne's had been OF
That class, and IN but very lew of such cases had
he heard OF any complaints OF any alleged mIscon-
duct or harsh language by Mr.. Jayne. The cases
that had been compromised were OF such cbarac-
ter that the parties, so lar as ne knew
led TO escape without any further proceedings.
Judge Davis statement before the comm. ttee
to-day occupied over four hours, and was concluded
about half-past two O'Clock.
OF C0TnMRJA TNVEcTT.