Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-06-19
The Investigation OF Judge wylfe.
GENERAL HITLER WITNESS

by the special committee OF the House, was
resumed this morning.
General b. F. Butler, who was counsel for
Captain A Grant In the suits OF the Phoenix
Mutual Life Insurance company, was ex-
amin ed at some length. He testified that IL
would have been very difficult TO draw the
by Judge Wylie, and even IL be (Butler) had
been in the city at the time, he could not
have prepared the bill In the time given.
Had he been In the city he would have
sked for further time.
Judge wylie.-But did you or the other
counsel In t the case apply for further time?
- BY Mr.. Mullin, counsel for Capt. Grant,
Have you ever noticed any manifestation OF
PIejndi co, or partially o. Judge Wyne
A. In the frst place never got decision
IN FAVOR OF Grant on any of the motions
MED. did not want to have the cases tried
by Judge Wylie and so wrote him, stating
my desire In as delicate a manner as possi-
bic. The Judge afterwards rebuk ed me in
open court, saying that Gin spite OF Congress
or anybody else he would try the cases"
This expression was accompanied by a great
deal OF feeling. then appealed 10 the ChIef
Justice Cartier and asked him TO assign
these cases TO another Judge and d2e Carl
ter said he would confer with Judge Wylie
on the subject. do mot know whether he did
so or not. The cases are still before Judge
Wylte. A very onerous order is now being
prosecuted. which did not think was right,
but have had so many orders made against
me as counsel that / do not think were right
that the committee will have 10 be the
Judges In this case. This was the order of
May 6, which sends the case 10 the auditor
for examination. Only one side OF the case
was sent to the auditor, as the order leaves
out entirely the defense OF Grant. Grant
knows that some OF the loans were liable To
reduction on account OF some draw backs
and on account OF usurious rates of interest
charged. Tie whole case should have been
sent TO the auditor-both sides.
Judge Wylie.-DO you think that the whole
case should be sent by the court TO the aud
itoI?
Gen. Butler.-It will have to 60 to the
auditor some time, and IL may as wei 20
first as last. In all these orders 1 always
appealed, so as to secure the benef OF appeal
as often as possible. II the case now goes
record OF the evidence on which the..audItor
acted.
Judge Wylie-That is a new doctrine to
me.
Gen. Butler.-This is not the first time that
We have had the honor TO differ.
Gen. Butler was then asked IL he had ever
heard Judge Wylie say anthing prejudicial
TO Grant, to which le replied, ayes, one
time heard Judge Wylie say, certainly be-
fore any testimony was taken, that he (W)
didn't intend TO help Grant 10 cheat his cred
itors,"
In answer TO further questions Gen. B. said:
/ have seen actions of Judge Wylie wAich
were Lot exactly what desired 70 see, ana
what he would not nave done In tea min
utes afterwards. One special case is in my
mind. Judge Mylie had heard the case OF
the Farragut prize claim. He gave a deci-
sion which was appealed to the Court in
General Term aud then argued. Toe Chief
Justice announced the decision OF tue court
as being the unanimous conclusions of tn
court, overruling the decision of Judge Wy
lie below. After the Chief Justice got
through, Judge Wylie begun some remarks,
at first explaining his decision, and then
dissenting. The Chief Justice turned to him
saying: didn't you In the cons ultation
room agree to the opinion of the court?"
opinion. Then the Chief Justice turned 70
blm saying: We'll, brother Wylie, you have
come out of the same hole that you went in"
Judge Wylie in reply to TO this said, ~
"ont sit here any longer. L wont be IN
suited" and LETT the bench, and was not
seen on the bench any more that day. I was
cot used to such practice, and IL male a
strong impression upon my mind. Tolls
matter was no secret. II was referred TO in
the newspapers at the time, and the bar was
quite full when IT happened.
Judge Wylie-My remarks hal q very
salutsry effect on the Chief Justice, didn't
they?
Ger. Butler-f don't know; it struck me
that some body should leave the bench.
Gen. Butler then recited other Instances
where Judge Wylie got restless and gave
MS opinion very strong coloring. de be-
known of instances when Judge Wylia used
very severe language 10 counsel about their
cases. "Once," said Gen. R.:Iler, she told
me that bill that / had prepared was a
bundle OF absurdtties. He told me so good
naturedly, however, tlaugbter,l although /
did not think SO. Afterwards when the same
OH went before the upper court IL was found
10 ne all right"
By Judge Wylie:-I do not know that my
name appeared In the record as counsel;
think that the name Of o. ID. Barrett did, al
ihoueh signed some OF the papers. TO
Judge Wylie):-The time given for the fling
OF the answer and all the Things you ordered
could not have been done by any mortal
man.
@. Do you think that the Chief Justice has
any more power than any of the judges,
under the law?
A. never supposed he had. 1t is the prac-
of hn In EAh II
assign business to the several Judges.
1 z. 1t 1t decent thing for counsel to come
In court and charge The judge with Partially
or bribery?
A. consider it very indecent
y. III q Judge commits an error how long
does IT take to correct 1t?
A. sometimes 1t never gets corrected. One
time II took nae four years 10 have ii Cor
rected.
@. Don't you think it is natural for Judge
10 express himself after listening to stream
A. think a judge should not express him.
ser There is no rule, however, OF propriety
q Don't you think that there is a differ
ence between vii ain and an honest man
or between yilliany and honesty, and such
that judge should not feel Indifferent?
A. think that judge should stand be-
tween all parties-even a william has his
rights. A man has right TO his feeling. but
Judge has no right to express it. Justice is
90 9: How many years ago was the Farragut
case decided?
A. II was begun in '67, but was decided I'm
supreme Court last year. There were two
cases In one, one million dollars is Involved:
In the other, three hundred thousand. Both
were tried before you Ito Judge Wylie), and
you decided against both. The court in gem
ersl term reversed your decision.
In answer to questions about the scene
described above, General Butler said: "You
IJudge Wylie) left the bench when the Chief
that You went In" and after Judge Cartier tier
s said, Didn't you agree with us In the con-
Question by Judge Wylie:-Isn't the voice
OF the Chief Justice harsh, and does It not
have an angry tone when he is excited
A. He has an impediment I'm his speech.
and when bis words do come out, thew come
out explosively. A person who did NOT
know him would think he was excited when
he was not.
Q. guess he did not say Brother Wylie,
you come out OF the same hole, &c.
A. Oh! yes, he did.
9: Those cases involved over q million of
dollars, didn't they?
A. Yes, sir.
Judge Wylie.-Thank God / had nothing
70 do with them, At least no responsibility.
Gen: Butlex.-You made the point, Judge,