The New York herald., 1876-09-04
more than the officers of the Cotton Bureau had re.


turned
q Has any explanation ever been made 10 you to
how or why this discrepancy between the two state
ments occurredy A. None whatever have tried to
obtain Il from Mr.. Noerr; knew before Mr.. Eveieth
reported and before his appointment that Tue former
statement Incorrect from knowledge derived from
my clients and from proof OF the cases. and ! en-
deavored to get Mr.. Noerr to correct IT, but without
any result
q Dad he show any disposition to correct II A.
None Whatever
q in ,he interview you mad with Mr.. Noerr did he
oe ava he not claim that the statement which he had
made was correct? A. Mr.. Noerr is a very peculiar
man and hardly makes direct and positive state
ment in conversation, and whether he did positively
ainrIn or not cannot say.
q. DO you know Mr. William Fessenden who IL en-
gagedin that onices A. Yes, SIR, know him very
y Do you know whether not he has had an yhng
to DO with claims apperaning 10 the proceeds OF cap
tnred and abandoned property A. | Know that he
has been engaged and employed IN the oiice hat his
Official connection and relation 10 II Is cannot say;
never was able to get any information out OF Nr.
Fessenden; he has always played the sphynx; he IS
hon-conmital on ali points; my experience derived
from my connection as Judge aud practising attor-
ncy, with that bureau has been that they et u to be
their duty prevent everybody that they could from
getting the proceeds OF their cotton aud have in most
cases, acted accordingly; the Judges OF the Court of
Claims. since my retirement III my presence have ire
quenty expressed themselves as totally without re-
lance upon, or faith in the returns made by tho
bureau and think they are so regarded by the Bench
and The Bar universally.
@ In the line OF that supposed duty has it not been
the practice OF those gentlemen in charge of that dvi
Information as regards the net proceeds OF properly
A. That has been so.
Q. II there Is anything within your knowledge that
tends to showany msmanagemen or irreguar'ty on he
part OF any OF the officials connected with TINS depart
ment wish you would ate II as fully as though you
were especially lnterrogated in regard 10 it, A.
know OF nothing except the general iact winch thinK
have already stated, that 1t was impossible for the
claimants their friends to get any information or
satisfaction at all IN reference tn their claims from
this division except through calls made by the Court OF
CLAIMS, the answers to winch, both the Bar and the
"A |
bic They were so regarded by tho Court when VAS
on the Bench, anu have heard the Same opinion ex-
pressed from the Bench since nave been at the Bar,
and such Is my own judgment from my own personal
experience; and want to add that in my Judgment,
they were IN many cases intended and designed
to mislead and prevent the parties from getting
justice. There also been number OF Instances
which reports been made that funds have been
diminished or exhausted before the claims upon them
were satisfied, showing a larger amount due to the
claimants than was coming to them In one instance,
the name oil the case cannot remember now Tor
want OF proper return IN Il in which the Court
had entered Judgment and the amount was paid, they
compelled TO enter judgment o a subsequent
for larger amount than IN the Treasury because
the return haa not Oeen accurate and full.
q Aided to that conclusion by PROOF adduced IN ad-
dition 10 the returny A. Yes tho subsequent deyel
opements Of the entire proceeds OF particular lots OF
cotton showed that they were not sufficient 10 meet all
the claims made upon them whereas, II the true state
OF facts had been returned by the Treasury the Court
would have averaged them aud gwen judgment for
less amount IN the prior cases.
q How were these judgments made when they were
larger than the amount OF money to the credit OF the
particular CLAIMS? a. Tho Ju gment was rendered
and 1t paid out OF the captured and abandoned
property fund generally There is another TACT which
desire 10 mention in connection with the releases
The OF Mr.. Eveeth made IN 1874 aud also This
last return which printed ~ the reports SHOW the
parties TO whom the releases OF proceeds were made
and the names OF the parties who acted as security
the bonds that the Unltod States have taken
bon-s IN every case in which proceeds were released
providing for the return OF the proceeds II 1t should
that the parties who received them not
entitled TO thcm In many OF the cases which came
uudef my observation and view, was OF opDon that
the parties to whom the proceeds were released were
totally without right and never owned the cotton,
aud think that the general opinion.
q Did you have definite information 10 that effect
A. No definite information other than consultation
with clients anu the proofs in cases. and information
derived gcccrilly IN long experience IN taxing
testimony IN some 100 or 100
q. You got the impression that Secretary McCuloch
released part that had claim to II? A.
can only express the opinion. derived from general
knowledge and information OF the subject, that IN very
many Instances the releases were made upon forged,
fraudulent or perjurc aihdavs.
q. Those releases OF the proceeds were continued
after Mr. Mcculloch's departure from the Treasury,
were theyY am not sure; do not know how that iS
q AT what time did he 90 outr A. Mr. McCuoch
out with Johnson's administration. have not
beard OF any releases since 1865 and do not think
any made after the Joint resolution Of 30th March,
1868, because was impossible to do so after THAI
by that the proceeds wero all covered into the
Traa