Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-06-20
Judge WyliC.

suits OF the II rGlX MUTUAL Llc lusul d"ec
Company He testified that it would have
been very difficult to draw the answer to The
till in equity in the time set by Judge Wyllc,
and even if he (Bu!ler) had been 10 the city at
The time, he could not have prepared the
bill in the time given. Had he been III
the city he would have asked for further tl17.
Judge Wyle-But did you or the other
counsel 10 the case apply for further time.
General Butler-No, sir
By Mr.. MulIin, Counsel for Capt. Grantl-
Have you ever noticed any manifestation OF
prejudice or Partially of Judge Wylie against
Capt. Grant
A. In the first place never got decl,
sion 10 favor of Grant on auy OF the motions
fled | did not want to have the cases tried
by Judge Wylie and SO wrote him, stating
my desire 10 as delicate a manner as pos:
bio. The Judge afterwards. rcbuked me IN
open court, saying that ''in spite OF Coogres5
or anybody else he would try the cases. Tbs
expression was accom- panled by u great deal ct
feeling. | then appealed to the Chief J ustcc--
Cartter-apd asked him to assign these cases
to another judge, aud judge Cartier said he
would confer with Judge Wylie on the subject
| do not know whether he did SO or not. The
cases are still before Judge Wyiie. y very
oucrous order is now being prosecuted, winch
did not think was right, but L have hal So
many orders made against me as couosc that
| do not think were right that the Committee
will have to be the judges 10 this case Tbs
was the order of May 6, which sends the case
to the auditor for examination. ODIy one SIDE
of TIE case was sent to the auditor, as the Or
der leaves Out entirely the defense Of Grant
Grant knows that some Of the oaus were liz.
bic to reduction gu account of some drawbacks,
e nj Irtn
charged The whole case should have been
sent to the auditor-both sides.
Judge Wylie.-Do you think that the whole
casr should be sent by the court TO the au
itor?
Cen Butler.-lt will have to 20 to the aud
itor some time and it may as we'll 81 frs! as
last Iu all th.se orders always appealed, so
as to secure the benefit Of appeal as often as
possible Ii the case DOW goes before the Su
preme Court there will be no record Of the
evidence On which the auditor acted.
Judge Wylie.-That is new doctrine to nc.
Gen. Bu,!er.-This is no. The first time ;Iiat
we have had the Looor to dffar.
Geu. Butler was then asked if he had ever
heard Judge Wylie say anything prcjudlci2i 10
GRAFT, to which be replied, Yes, one time |
heard Judge Wylie say, certainly before auy
testimony was taken, that he (W,) didn't To-
tend to help Grant to cheat his creditor
In answer to further questions Gen. Is. said:
have seen actions of Judge Wyie which
were not exactly what | desired to see, aud
what be yuld DOT have done 10 ten minutes
afterwards. One special case is il my uln1.
Judge Wylie had heard the case CT the F4rra
gut prize claim. He gave a dccisloc winch
was appealed to the Court in General Term
and then argued The Chief Justice aa
! L., A., ~ tb,o tnIr,, r.,
unanimous conclusions of the court, overrung
the DECISION of Judge Wye below. After the
Chief Justice got through, Judge Wylie beruu
some remarks at first explaining his decision,
and then dissenting. The Chief Justice turned
to him saying: Didn't you in the corsrita
ton room agree to the opinion Of the cour! :
Judge Wylie went on with his Gssentlog
opinion. Then the Chief Justice turned to
him saying: well, brother Wylle, you have
come out of the same hole that you went III. >
Judge Wylie in reply to this sali, i
wont sit here any longer. wont be iusultcd,
aud left the beech, and was not seen Oh the
bench any more that day. | was not used 10
such practice, and it made strong impression
upon my mind. This matter was DO secret.
It was referred to in the newspapers at the
time, and the bar was quite full when II hap
pened.
Judge Wylie.-My remarks had very sau,
tary effect on the Chief Justice. didu't they ?
Gen. Butler.-I don't know; it struck wc
that somebody should leave the bench.
Gen Butter then recited other Instances
where Judge WyIic got restless and gave hi,
opinion very strong coloriug. he had known
OF instances when Judge Wy!ie used very Sc
we're Ia 1guage to COUNSEL about heir Cases.
"Oace," said Gen. Butler, she told me that
bill that had prepared was buodle Of alb
surdities He told me so good naiurediy.
however, laughter although did cot thlIk
so. Afterwards when the same bill went BE-
fore the upper court It was found to be all
right.
By Judge Wylie.-I do not know that my
name appeared in the record as counsel; thlrk
that the name of 0. D. Barrett did, although
signed some of the papers. Ito Judge Wy
Iie):-rhe time given for the fling of the au-
swer and all the things you ordered could not
have been done by any mortal man.
O. Do you think that the Chief Justice has
any more power than any of the judge under
the law2
A. | never supposed be had. 1t is the prac-
ice of the court iu February, think, 10 assign
business to the several Judges
Q. Is it decent thiog for counsel to com"
10 court aud charge the judge with partially
OF bribery?
A. | consider it very indecent.
@. liza Judge commits an error how long does
it take to correctit?
A. Sometimes it never gets corrected. Ont
time it TOOK me four years to have it corrected
O. Don't you think it is natural for Judge
to uxpeess himself after stealng to astrcaul Of
vill4ioy
A. | think judge should not express him
self. There is 10 rule, however, Of propriety
which iorbids ii.
Q Don't you Thick that there is diffeT
encc between villain and an homes. man, or
between vilainy aod honesty, and such that d
Judge should not feel Indifferent
A. thiuk that judge should saod between
all parties-even villain has his rights.
man has right to his feeling, but judge has
10 right to express it. Justice is blind.
Q How many years ago was the tarragut
case decided =?
A. 1t was begun in 81, but was decided io
Supreme Court last year. There were two
cases. 10 one, one million dollars is involved;
IN the other, three hundred thousand, Both
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