Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1876-02-03

his interest to hold it. Cd, The con-
test threatened to be long, harrassing
and bitter, troublesome and expensive.
Sd, That it would probably De pro-
longed through the entire term of the
Office and finally be decided against
him by House Of Representatives
politically hostile to his claims. 4th,
That his services, experience and SUI
pervision, in the Insane Asylum at
Madison. seemed to be greatly needed
and were most urgently sought, by its
board of control. His right to his
seat in Congress, as against Judge
Cate, both he and his counsel, always
regarded as clear and unquestionable,
if decided strictly according to law.
These reasons alone, so far as l know,
induced DIR. McDill to instruct his at
torney to withdraw his notice of con-
test My Interview with Judge Cate
for that purpose was quite informal
and brief. [ first handed him writ
ten withdrawal of the notice and then
Immediately handed him also written
retraction of the libelous and calumni-
Gus charges in his answer, which he
signed without hesitation. IF any,
thing was said by me as to the reasons
of DIR. McDill for this course, they
were the true reasons, as stated above.
| did not then know, nor do [ yet
know, what Indian votes had been
counted, or what Indians had voted,
or what number, or how that vote af-
fected the election one way or the
other and had not then and have not
yet made any examination whatever
into the facts, of that election, beyond
the rejected township returns of Wood
county, and of course could not have
expressed the opinion that ''the reiec-
ton Of the Indian votes left me
(Judge Cate) in a Majority for [
knew nothing whatever about it, and
had no inform alton about the contest.
except from the unsupported allega-
tions of the notice and answer [
may have stated to Judge Cate as [
am sure | have to others, in respect to
the Indian vote in this state generally,
that it was question whether those
indians who drew their annuities with
the tribe, were entitled to vote as citi-
zens, and that such drawing and re-
ceiving their annuities was strong pre-
sumptive evidence that they were still
tribal Indians, and it might be held
they would be estopped from exercis-
ing the elective franchise. [ might
have said further that if this question
arose in this contest, based upon proof
that Indians who had voted, were in
the habit Of receiving their annuities
with the tribe, a democratic congress
would probably decide the vote illegal
and that if the right of DIR. McDill to
his seat depended upon such a vote,
his claim would be rejected probably.
by House of Representatives poztt-
icazly opposed to him, for such de-
cision would be at least plausible.
So far as [ then knew, or yet know,
the right of DR.. McDill did not de-
pend upon that question, the loose and
general and improved allegations of
Judge Gates answer, to the contrary
Notwithstanding, and the statement
that I broadly admitted away all the
rights of my client, without any
knowledge whatever of the merits of
his case, or of the facts and proofs,
is not and could not be true. [ dis
like exceedingly to be brought into
personal question and especially so un-
tremendously and discourteously, by
the SURVIVING party to legal proceed
ings, in which I acted professionally
only, for client now deceased, and
must be permitted to protest against
the right of Judge Cate or any one
else, to repre- sent or mis-represent my
legal opinions, in the course of my
professional employment, especially af-
ter the controversy is ended by the
death of my client and no practical,
legal object OF result can be attained
by it. If the purpose of Judge Cate,
is to make me odious to the friends
of the late DR.. McDill. or my pretend
ed opinions seryiceabie to him, in a
revival of the controversy, he ought
at least in his representations to treat
me with common professional respect.