The New York herald., 1875-01-08
PACIFIC NAIL BRIBERY.
Twins Attorney Still Striv-
ing to Prevent Disclosures.
REvERDY JOHNSON SUPPORTS HIM.
The Distinction Between Acts Performed and
knowledge Confided.
A RESPITE UNTIL SATURDAY


A RESPITE UNTIL SATURDAY
WASHINGTON, Jan. 7, 1875
The House having refused to relieve Richard B.
Irwin from imprisonment in the common jail, Ser
geant-at-Arms Ordway this afternoon went to the
jail to make arrangements for his accommodation
Irwin has Deen assigned the room occupied by
General Sckles pending the latter's trial for the
killing of MIR. Key, which will be rendered COM
Portable BY the addition Of winter furniture. 1t
expect Irwin Will be removed thither tomorrow
or the next day.
IRWIN TRIES TO GAG HIS AGENT.
Mr.. Charles Abert the counsel and agent OF
Richard b. Irwin in hts subsidy enterprise, ap-
peared again this morning before the Committee
on Ways and Means, when the following proceeu.
ings took place:-
The CHAIRMAN-We left on IN the examination
yesterday at the question whether you would give
as the names OF the persons to whom you paid the
money received from Mr.. Irwin. l will repeat the
question.
WITNEss-Before proceeding with that branch of
my testimony, desire to submit to the commit.
tee the opinion OF Mr.. Reverdy Johnson. have
saiu that, had my examination preceded that or
Mr.. Irwin, should have felt no hesitancy in an.
swering the question Of the committee as to
whom. under Mr.. IrwIns direction, l. as his attor.
ney, paid certain sums of money lntrusted to me
by him for the purpose. As now advised, 1t
appears that l would thus unknowingly have
violated my duty as counsel or attorney. have
said that felt hesitancy in stating to whom the
payments were made by me, from the fact that
Mr.. Irwin had declined to answer to whom he
made payments, and l say that he did not direct
me to pay any sum or sums to any member
OF either House OF Congress; neither did l
do SO; nor did l pay any person with the
knowledge, understanding or agreement that any
aa SuG 70 OF SUNS were @ 70 oe 80 paa Mr irwin has
10 name the persons TO whom he directed me to
make payments, but having requested hlm TO give
hts consent under the apprehension that with it
might answer fully as desired, he has addressed me
the following letter.
WosMEr,s HorIs,
- WASHINGTON, Jan. 8, 1875
My DEAR sIR-I have carefully reflected upon your
request re @ @ tnat would release you from your obgato1s
Sns st may b uS put you the
such consent; indeed. doubt whether any action
%ns Sa fnanSs must hs ssso .s decision can Of only
a hs
Sp hs a @ M sr
OF great to yon as your decision bring
d s nNis
you o~
me to 80 step further and most earnestly respect
@ hsi at
desS YOU te ses as
yS1r
nas asn feel q a gu hsS %
criticism from whatsver Quarter and should any iaw
ysr q the s Standing Ss o these
would ieei that exhausted Your duty so lar as
Be- H arH shGnS ss
;Sy S evidence could only con TiJTRkp
REvERDY JoHNsoN's OPINION.
1t was IN consequences OF this letter that wrote
personally well Enown to me for many years.
WASHINGTON, d. G., Jan. s. 1875
TO testify Defor. the
mite Of the h9pe Of now invesiis
ga
sa'as ne as ss'ae" 81 my enB6y
either hess Sss'iia D
hsys S the rlshttG siys the names Sese persons
examination g consistent with the relative rights
Very G on ASsg
Here is Mr. Jobnson's reply -
To &c. ca.sEss sHxa,s Xansr ;. ESQ - Washngton
osher a% Pc
the purpose, you cannot legally morally, without his
Snowedae Of You sure It is So hst yoa maae 'o no
any member Of %EyskDY H,i S re-
A PRECEDENT IN SUPPORT OF THE WITNESS.
The witness here quoted from a ruling OF the
Ma tional Bank Investigation, which he regarded
as sustaining his Views and said, from tne indl-
Gated opinion Of the chairman lMr. Maynard.
his views seem fully to accord with the opinion Of
Mr.. Reverdy Johnson, already given :-"Where
dlilerence nee, IN the Course Of action on the
occurs both courses cannot be right, and IN
my opinion the House itself should decide which
tween the position OF Mr.. irwin and myself before
thus committee. In that he was an o1lcer or agent
and counsellor employed by HIM. ..Communica.
tloDs made on the laith o! that professional con-
nttnrHs denGe which o,e client reposes IN MS counsel
revealed in court OF Justice" Phillips on Evil
deRce, NEE, VOL vesnd !, page ,g gh lesl
persons receiving the Communications, 1t Is to be
observed .. that this professional privilege extends
tor (page 1857. Therefore, IN the payments made
by me. as the attorney Of Mr.. Irwin, am I
not debarred from tesrliylng, especially when. on
applying to my client 10 be allowed to testify on
TINS point he declines to give his consent Phil.
ps his cons % TO wal no be d.
professional confidence though he himself Is WILL
Ing to do sou Spage lSs):
In the ocean Bank investigation case, already
referred to, the witness was not allowed to answer
or improper conduct In the manage ment OF the al
fairs OF the bank on MS (Nr Davis') part on tho
PaIt Vi any otner oincial In any way connected
with the bank, because what the witness
knew came from Mr. Davis himself. Having
exhibited to this committee an opposite course OF
action pursued by It from that adopted by the
Committee on Banking aud Currency on the ques-
ton OF professional confidence. respectfully con.
tend mat the House alone can decide which is the
right course, and therefore, before answering the
pendlng lnterrogatory or this committee, | ask
that tue committee will obtain the decision OF the
House on this point as applicable TO my case.
THR WITNESS OWN ACTS.
The CHAIRMAN-l VIII not ask you Just now to
Inn m n M hu
Irwin; but | Will ask you to testify to your own
acts, without any regard to any communications.
therefore put the question 10 you, "To whom
did you pay this money ~
WITNEss-It strikes Inc that Is the very question
NJ issue; l made no payments voluntarily; 1
made them under the direction Of Mr. Irwin.
pISIINL TION BEIMEcN ACTS ANn kSnWI EnGE