Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1876-04-29
JUDGE nunsgLL's s TESTIMONY.

Jn1ge Hubbell testified that John
so reported to him ,hS, he had jus,
sAlrned from Washington, and found
things very f.vorsble. That Bristo~
WAS going to Philadelphia, and would
leave the asst. .ecretary to remitSs,he
fine or release Ma y Merritt. Wit
ness understood johnson to say this
TO him more than once.
Chairman.-Did you understand
johnson to say that Bristow was 60
ing to Philadelphia with = view that
settlement should be made during his
absence? @
Witness-I did not give that as
my understanding, but merely what
johnson said. johnson told me that
such suttlcmeut would not be made
Unless | gave my assent.
In course of examination Bristow
asked witness whether he did not
know the predecessor Of the present
solicitor C.ul6eld had gone carefully
over the ground and said the offense
charged against Mary Merritt WAS
merely technical Witness replied he
recollected soms'hing Of it. Bristow
asked who testified he WAS through
our inclined to remission by what pro-
cess he changed his mind. During
further examination witness said he
was interested in the settlement to
the extent of two per cent which he
received on amount ofjndgtnent. Sec
retary b istow referred TO the statute
to show that Judge Hubbell was not
entitled to such percentage. Repre-
sentative Williams remarked that
the statement Of Judge HubbeF
should be excluded from the recorc
and so the committee agreed. Bris
tow expressed the hope that the com
mittee would not misunder
stand him: ss far AZ he wa
concerned he did no
wAns~hih abatement in reply to go OF
record. He WAS convinced that tn.
department was prepared to make re
mission, and thus arrest further lega
proceedings. He had nothing whx,
ever to do with remission of forfeitur
further than give lis ascent.
Bristew asked, was not thAt you
principal reason that custom officer,
.s informers. should have their mole
ties" Witness replied that, WIS 3
in part
w. Ev.na, q Kentucky, formerl
law partner Of Felt, testified 10 che
connection. with the Mary Aerri
case; came here in the summer Of 1S7
in order to secure remission Of forfeit
are OF The vessel, Gen. Bristow ha'
ing resigned the offics Of solicitor &C
eral. Was 1t time engaged in RI
road busihess ~ attorney. He, state
to Bristov the obieci Of bis erran
and offered to give shin part Of q
commission. Bristow deelin'
ito take y the fee, b
said he would lassist them in pr
senting the matter to the secre tn
of the treasury. Secretary Briste
introduce him to the secretsry and
Mr.. Ban6eld, solici.or, and Was
formed itwAs policy then not to grs
any remission Of forfeitness pendi
litigation. Brstow's conduct
the premises Was merely an act
kindness, having declined all comp'
satiop, and Was merely serving
Kentucky neighbors.
Bristow had no professional {
nection- with the case, and was VI
careful to have this fact explicitly
derstood. He cmphaticsfiy declil
to have anything to do with the !
Bris,ow then called tho wi.ne.
attention to the resolution in
aforementioned shove and asked ,
ness if he was the attorney alluded
or if be talked about tho matter
Bristows secretary. Witness rep
10 mention Of the attorney in an
tract road It certainly did mol a.
TO him he Was the man. Adjourn