Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-03-21
"HERE'S YOUR MULES"
What Bli,iOw, Secretary of the Treas.
ury. had TO do with GrOOme's Mules
A Needed Explanation.
How he Made Ten Thousand Eight Hun
bred and Seventy Dollars Pees
in Law Case OF Merit.
You Know.

=. VASE Notion, March O.-Seeretary
Bdstow voluntarily appeared before the
Committee on exp .rditures In thl
war department Z" essy, ard made q
ktStesasre SDuer oath in relation to let
Ter which appeared in the New York
Herald Saturday, dated Louisville,
March 18th, Ia Relation TO a mule case,
BE said be had reason IN belitve thai
the lettet sRas not EIitien in Louisville,
bSt Ia Washington, having been adj
vised some weeks past that the state
inert would be made. He ought to say
he did not deem it any part Of his duty
to undertake the preparations ef the
case, the duties on which lie was engaged
being merely professional. In the way
81 argument he never had the slightest
reason to suspect the fairness Of the case,
or integrity Of the party in whose behalf
it was prosecuted. The parties were citi-
zsns OF Kentucky, residing in Clarke
county, remote from his place Of resi-
dence. Ole of the iSiDaaDts has since
deceased he had intimate and pleasant
reistsons with him, having served with
him in the KENTUCKY senate. Harrison
Thompson, tue secretary, was here in
the spring or summer OF 1878, on busi-
ness having 40 connection at that time
with the government, having resigned
The Office of solicitor general in 1872
Ben b. GroOme engaged hi,N to argue
the cass, and gare him the sta. cement
Of it, sayiI g ms firm were engaged in
stock-raising, and had invested much
money in the purchase Of mules, but
owing TO the conspse OF the rebellion the
government refused to take the animals.
In const quenCe of this the Arm had sus
taincd heavy lCss, having invested two
bundled thousand dollars ca account of
the purchase. GrOoroe said they would
pay him no fee il they did not succeed
in ptCcnring the payment Of the claim,
and at slI events they would pay him
only a small fee. The secretary said t.
GrOOme it wss not his habit to accept
contingent fees, but in view NJ the d.
lemma in whieB the Erm found them
sslves and desired 10 have his profess
siDDal services, he said he would argue
the case bsfoTe the court of claims or be-
fore the supreme court, il it should go
there, on GrOome agreeing TO him ex-
peDses incurred In coming here, and
compensation OF ten per rent. IN th6
event Of tue claim being allowed by the
conrt d Claims. Thomas j. D.
Fuller, q resident solicitor in
Washington, foImelly mem Ter
Ct congress, and who was auditor
Of the comptroller under nachsuan's
administration prepared the papers.
The secretary took Fuller's brief of the
case and On that brief be prepared his
legal argument. The only question
raised there was on points OF law. Mr..
GafOrth, the Rssis .antsattorney general,
made no question as 10 the facts, which
seemed 10 be Conclusive. The facts
were! The firm had The mules at proper
points to be shippt d, and some of them
were on the train at the time the gov
ernment lefuse1 to take them. There
was, es q con equence, q sudden depre-
citation In the value of the mules, and
the low prices at which they were COM
PEELED TO cell them vas inoontrovertible.
Chief Justice Drake, who dissented, did
SO only on a question Of law. There
were involved in the case two interest
ing questions of law. The msj prity Of
the court gave judgment for sos, $50.
The secretary believed then, aud now
believes, that the judgment was right.
The case was argued by him in October,
1873, and Judgment was rendered Janu-
al d lOt1 4hS CStso L1f.u DCOu lClEl1Cu
to The coHst of claims by the war depart
ment, and payment was made from the
fund under the control of that Depart
ment. The secretary had nothing more
to do with the case than TO argue it be-
fore the court Of claims. GroOme Iaid
him as his fee $40, $40. Tie secretary
saiG that since the publication in the
Herald he had procured the papers on
which the payment was made, which
he read to the committee. One of the
papers showed that Attorney. General
Williams iii Jrmed the secretary Of war
that no appeal would be taken from the
Judgment OF the court Of claims to the
court. The money was paid to
John A. Thompson, Ben B, GEOome and
others. The secretary repeated that he
engaged in the case only professionally,
for which he received pay as already
stated. What compensation Fuller re-
ceived he did not know. The statement
that the secretary received half Of the
claim was unqualifedly false. He re-
peated that the claim Impressed him
with it's being meritorious and just.
Secretary Bristow, On cr0ss-eXaminR-
ton, repeated that at the time be argued
The case he had no connection whatever
With the government, having before re-
signed the office of solicitOr-general. He
did not regard the fee of ten per cent. as
He had been tod the fee was
not up to the usual maximum. In con-
olusiOn the secretary intimated that he
would he very glad il the committee
could undertake to ascertain how such
stories as that in the Herald obtained
such circulation. The chairman replied
that they could not undertake such
work at this time, but they would be
happy during this examination to have
such information disclosed, aud would
De glad to have the secretary's co-opers-
ion in this or any other such case. Sec
.etary Bristow said that since the publi-
,atiOn of the letter in the Herald, he had
made inquiry and aseertsined that
jroOme, who is "a stock-raiser and i'm
porter of flooded stock, is now abroad.
The secretary tbe8 retired, and the COM
nittee took recess.