The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-03-21
TUE CHARGE AGAINST BRIs1ow.
The secretary's Explanation OF the Kentucky
Mule story.

WASHINGTON. March 20.-Secrctary Bris-
tow voluntarily appeared before the &C mmittee
on Expenditures ~ the War Department to-day
TO deny under oath the New York Hcrdlis mule
story. The Secretary said he had reason TO be-
lieve the letter In the Hcrrld was not written In
Louisville. but Washington, he having been adj
viscd some weeks sgo that the statement would
10 made. His connection with tho case was
professional only. lie never had the slightest
reason TO suspect the fairness Of the claim or
the integrity Of the party IN whose behalf II was
prosecuted.
MIR. Bristow said he was in Wellington IN the
spring or summer Of 1873 on business having no
connection ut that time with tue Government,
having resigned the ONCE u SOLICITOR General In
1872. Zen. ID. Groome engaged him to argue the
casc, and gave him a statement OF II, saying his
nrm were engaged In stock raising and had in
vested much money in the purchase Of mules,
1n, owing TO TIE collspseQf ibe re1euigo' Tue
NoVerhhehI IelHsH. q take the animals. In
Consequence oil ds the finn had sustained
heavy loss, having invested $2000D ON occOupi
OF the purchase. Mr. Groome said they would
pay MIN no fee II they did not succeed In pro.
curing the payment OF the claim or nt all
evonts. they would pay him only small foe.
his habit to accept contingent fees, but III view
OF the dilemma ~ which the hrm found them,
Selves and the desire to have his professional
services, he would arRLe the case before the
Court OF Claims or before tue Supreme Court,
II II should GO there, GrOome agreeing to pay
him the expenses incurred In coming here. aud
compensation OF ten per cent. in the event OF
the claim being allowed by the Court Of Claims.
Thomas j. ID. Fuller, resident solicitor In
Washington. formerly member OF Congress.
and who was an Auditor or COMPTROLLER under
Iuohanans Administration, prepared the case.
The Secretary took Fdller's brief of the case,
and on that brief he prepared his legal argu-
ment. The only question raised there was on
points Of law. Mr.. Goforth, the Assistant At.
tnrney- General, made no question as to the
facts, which seemed to be conclusive. The facts
Nvat hn1
points TO he shipped, and some OF them were on
the train at the time the Government roiused
depreciation tn the value OF the mules. The
low prices at which they were compelled 20 sell
them was incOntrovertible, and even Chief Jus
tice Drake, VINO dissenled, did 30 only on a
question Of law. The majority ol the Court
gave judgment for $lOs,1JO lie lliristowl be.
lieyeg then, aud now believes that the Judgment
was right. Mr. Groome paid him $lQ,oIO as bis
fee. 1t was paid by check on Riggs Co. Tho
abatement that he received half OF the claim
was unauai1edly false.
By Mr Da.s-Do you know the date OF the rider for
Tore the close Of the war.
when the rebellion was OVER. Any impress lou is
that the tn,e esp,red The goth Of April ought 90
M srsS@s9 va. enssy In Gqe,sSo1' %, g. Jaw Tn:
81 law ws. ~hs1hsr suea syerS. order OF ,ss sscrs
9ISS Sd seI ~ aS Ss ssn ins s%
oDo you regard the fee an unusually large one
A..So; ! have been told By gentlemen tina. ne fec
Court Caims. IL was heavy fee for me In this
that had never been the habit Of taking contingent
| fees.
by Mr.. Clymer You had nothing to do with getting
the facts in the case2 They prepared Tor
by other council and you simply argued II the bfi e.
as unlerstAnl. Aye Sit there was no Issue
| the fact only TO the que tion Of law.
Mr.. Clymcr-That Is all.
Mr.. BrstowI would ike to make one suggestion be.
fore leave without desiring Vex the committee out
they ascertain how such charges get into print
should be glad OF IT, propose to devote my energies
| myself 10 ascert IN the source Of this article.
Mr.. Clymer-B tore thu. committee finishes tts tnves-
legations We propose 10 nnd It out We shall be very
gad to have your assistance In this case any
other.
Mr.. Clymer then thanked the Secretary, and
again assured him that he was happy TO have
had an opportunity of hearing hin.