The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-06-09
THE VENEZUELA SWINDLE.
MoRE TROUBLE Nv STORE FOR THB
NOV. GoDLOYE s. ORTH.
Startling Facts set Forth nv venc zueIa's
Legal Representative Demanding the Re
vocation OF the Fraudulent Awards.


I'cgaI Representative Demanding the Re
vocation OF the Fraudulent Awards.
WASHINGTON, June s-There il more
He has failed TO appear before the FOREIGN
Affairs Committee to explain hts action IN
breaking a law of the land in pushing 4 fraudu-
lent claim while member OF Cong ess. Though
given plenty OF opportunity, he has not re-
sponded. There are, however, some develop
ments which will arouse him to utterance. A
legal representative Of the Venezuelan Govern
ment has submitted to the sub-COmmittee on
Foreign An frs OF the House an argument In
favor Of the revocation Of the awards made by
the Mixed Commission under the treaty Of 1850,
and asks that a new commissi shall be recon-
mended to cit In Washington and revise the
awards heretofore made. Some very startling
facts are deliberately set out IN this argument.
The Mixed Commission, under the treaty OF
1865, met at Caraccas IN 1868. 1t was composed ~
David NJ. TaIlmadGo of New York on the part
of the United States and j. q. vallifane on the
part OF Venezuela with Juan NJ. Maccado Of
venezuela az umpire. Shortly previous to this
Thomas N. Stillwell OF Indiana, bosom friend
OF Senator Morton aud Goduve S. Orth, was
sent a. Minister to the Republic OF Venezuela.
lie took In his train his brother-in-law, WIN. X.
Murray, who, It Is established by competent
proof. represented himself IN Caraccas as Secre-
tary Of the American Leg IL Ia charged
that these persons formed ring for the purpose
Of blackmailing claimants, and defrauding the
Venezuelan Government 10y swelling such claims
as they obtained control Of to three or four
times their true proportions. 1t is deliberately
CHARGED that Tallmadue and Murray, e;:hsr In
person or by proxy, visited all tue claimants in
this country, ana proc red from n large number
OF powers OF attorney to prosecute their clntns
nf
powers Of attorney are submitted rs exhibits,
and 10 each Is found clause giving the attor-
news appointed hereunder one hllf the claim
allowe1. Three claimants IN New York, namely,
WIN. II. Aspinwall, j. j. Flanagan, and Mr..
woodruff refused to submit to their bIackmail-
ing process.
THE TESTIMONY.
James 5. Mackie, attorney for Asplnwall, states
under oath: before United 81 ties Commits
siuuer lama dge proceeded to his post called
upon hiu anu asked INN II he would take charge
ut my powers, &c., and submit them 10 the com
mission, everything being arranged IN form ana
requiring no trouble In prep ration. lie de-
chned, hut referred me to "a commission mer-
chant IN New York a. suitable person TO take
charge OF the business. / visited that gentle
man, who demanded one-hsf OF the whole
claim, ana when told him that would W pc out
lar iuore thah could control, he replied that ne
could not agree 10 undertake it for less, As he
had 10 divide with the commission" Aspln-
wall claim. however. reached the commission
at Caracas. through the State Department, more
than thirty days trior TO the dey OF adjourn.
ment, but nevert heIes-, " was dismissed
through lack of time. In the the manner he
claims OF Flanagan aud woodruff were dis.
missed, though without prejudice.
seth Dnegs, IL viii tie remembered. testified
before the committee that claimants were dts
tmctv gwen 10 understand that II they hul not
executed powers ~ attorney In favor OF W. y.
Murray, allowing him atty per cent. Of the
amounts awarded for prosecuting their claims
before the commission. they would get nothing.
The commission adopted IN ARBITRARY rule that
one claim should Ire decided witnin every I'VE
uaNs. Ihere We're uut nine working DAYS re-
naming under the treaty for the commission to
conclude It's iabOrs, so that not One-Lalf VI the
furty-ntne claims could oe passed upon under
this rule.
In regard to the manner in which an umpire
was obtained, the legal representative OF the
Nenezucl III Government says that Mr. stillweIi
first Insisted that the Dutch representative AZ
Caracas should he chosen umpire. 70 This the
Venezuelan uoNernment objected so strenuous
" that s.illweiI ; Obliged to Withdraw. aad
r.llmadce pressed Juan v. Mscc,do, secretary
OF ms llttle sas COMPANY IN the city OF GARAGE :,
Venezuela objected, ana >tlliwcll came 10 Wash-
inston and obtained the AID OF Baron Stoackl.
Russian Envoy. ana Mace DOS appointment WAS
secured though u Is very clear tnrt Baron
tine eminent citizen OF Ven. zuela, DR.. MaccaIo,
who Was to receive this honor.
INTERESTING COMMITS.
The following comments on the treaty itself
are made:
In the light of Subsequent Developments. We can
hAIdb tc winch most &" 1auire me fertile brain that
stN. Dr!h 80 II uhe treaty ur sac reaarea couci
Ia article seconi. parayrapa thiri. Ne nnd: "tne
.oaa deem c"miorn,s,e ~ ,ui, 0vi''.n ~, "s my
sucn decision meant absolute deuii ~ niessl
ony those interested are lett Tree irS os oas G
onb snnce at Subsequent acts OF ths commission
hat ioow. Ia the hr. ' par gram H'S Of Tue
uaicd tha5 the commis.ion shall ~ rsqu ita,
hear one person on hehalf OF each Government
eri separate clam aud yet the commission ma e 4
rule tnA 40 pursOu snoalc appe.r ant ,lins pcnd
iig before them. lhs rule hey Kept .ecrc Tor lear IL
~odl iny,i.late their huuinss o. tue c4se become
,b a, I'm I'm I'M rg@ ransdse hlnsen
OF whom he ne d pow Of attorney. Francisco ,0naa.
M ,ase MD me- NJ o', a., nv INV MAJ
uhen ms obiectioh was oy,,rn.d INN b nuer, an
promptly resigded
The commission held It's meeting 10 board
Inc house, where Iamadge, stIilwel, Murray,
ana Macca.o boarded. The, shut out unuer
the rule boye quoted every person who had not
complied with ther terms. When they had
passed III claims In which che Ring VS. inter
es,ed, they closed fifteen days ahead OF time.
The argument continues:
ts nov clear, both oy the uncontra .icted testimony
o. cI~n.nta AID hy he report VI the Commissioner Of
u, wen As ny the tysi.isoAy Of Toe commits.
tnsy da itepate ia ne az ards OF their findings. II
sloa,I their heirs Or assigns hold today about
ha!i VI vHr eriucals Asa,ded ny TINS red Cynmls.
rsiyiene to taeiI Tran IA seye al Of tle leals
Whit, from whom Murray took power OF atroTncy
Win clau Inserted Tor stdse 70 control tue cet.
house OF Gen. Toorr tncn frc.iacnt Of That .Hr'
tp a. insnrr' S!ion oesurrins iob.r requested use
win eempi.ini. w,i, had occupied Toe io.sT lari
Sad sS5 '0a s0I st s % ny sI-1S !apn
been sofa or taken 10 place Of safety. Subsequently,
tht VENEZUELAN GoNerInt Mt allowed Inn tjI0s 81
huch occupation, and yet ne elaine ESQ 600
the uistlc uAud " tue COMMISSION II Taisru 10
tlil OOu. OF course the Nenezue Comnissoner oh.
Jscie but he umpire allowed IT,. This claim ont
OF voluntary co4ract the part es aud there.
fore 10 not an International claim.
ADLER's CONTRACT.
IL Is shown that Adier contracted to supply
certain articles to Colombia. soon otter Colom-
bia, Ecuador, New Grenada and NenezLell
achieved their Independence and foTmed sc va
rate governments, agreeing to DIVIDE the ma
uOnal de hts. Adler Instituted legal proceedings
against Venezuela, and obtained Judgment.
winch they appealed. Adler DIED and IDllm ,dee
sought heirs and Drought the claim before the
commission and claimed a security and forty
years' interest. This was private contract as
b, tween parties, and never could become an
iuternatiun / claim. There WIS allowed $lI2.-
wv. IaIlmadge had power To Withdraw the GER
tihcdtrs.
OF al the claims awarded, that Of Beales,
Noble Garrison seems to have bee n IN ost base
less and fraudulent. THIS was on account of
contract 10 maintain two steamers from New
York 10 LdRuayra. Ihs time expired and tne
Venezuelan Government failing To complete the
contract. they then came ia with a cialm Of
$bl5,tOO, though they had never received dam
ages to the amount OF II. Besides, II was ga
pressly stipulated in the contract THAI In the
event claim should arise for damages, II was
never to be submitted to international ari Ira
named, one by Venezuela and The other Nv the
or In = al