The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-03-21
Secretary Brissew Ds.iss.

Department to-day, and made . state
ment under oath in relation to the letter
which appeared in the New York Hsratd
on Saturday, dated Louisville the llth,
in relation 10 q mule case. He said he
had reason to believe the letter was
written not in Louisville but in Wash
ington. having been advised some weeks
past that the statement would
be made. and be ought to ssy be did no.
deem it any part OF his
duty to undertake the preparation Of the
case, the duties in which be wss eRgaged
being merely professional 10 the way of
argument. He never had the slightest
reason 10 suspect the fairness Of the case,
nor the integr ty of the party in whose
behalf it was prosecuted. The parties
were citizens Of Kentucky, residing in
CLARK county, remote from his place of
residence. One OF the claimants hss
since deceased. He hsd intimate aud
pleasant relations with him, having
served with him in the kentucky Senate.
The secretary, said he, was
here in the spring or summer Of '7S
on business, having no connection
al that time with the government hay
ing resigned the Office OF Solicitor Cen
eral in 1872. Ben. B. Groome engaged
him to argue the case, aud gave him a
statement OF il, saying that his frm Was
engaged in stock raising, ana hsd invest
ed much money in the purchase Of mules,
but owing TO the collapse OF the rebellion.
the government refused TO take the ami
mails. In consequence Of this, the firm
had sustained heavy lon, having
invested $500, 900 on account of the pur-
chase. Groome said they would pay him
no fee If be did not succeed in pro-
curing the payment OF the claim
or, at all events, they would pay him
only q small fee. The Secretary said 10
Groome that it was not bis habit to ac-
cept contingent fees, but in view Of the
dilemma in which tie hrm found them
selves, and desiring to have his protes-
sional services, he said be would argue
the case before the Court OF Claims or
before the Supreme Court, if it should
go there, Groome agreeing TO pay the en-
penSes incurred in coming here, aud a
OF ten per cent. in court
on the claim being allowed by tho
Court OF Claims. Thomas J. ID. Fuller,
a resident solicitor in Washington, form.
erly = member OF Congress, and who WAS
Auditor OF the Comptroller's Office No.
der Buchannsns administration, pre-
pared the case. The Secretary took Full
ler's brief OF the case, and on that brief
be prepared his legal argument. The
only questions raised there were on the
points Of law. Mr.. Goforth, Assistant
Attorney General, made no question as
TO the facts which seemed 10 be conclu-
sive. The facts were that the firm had
mules st the proper points to DO shipped,
and some of them were on the trains ut
the time the government refused TO take
them. There was, in consequence, a sud
den decline in the value Of mules, and the
low prices at which they were compelled
10 sell them was incontrovertible, and
even ChIet Justice Drake, who dissented,
did 80 only on a question Of law.
The case involved two interesting
questions of law. The msiority OF the
Court gave judgment for $l0S, 700 The
Secretary believed then, and now believes
that the judgment was right. The case
was argued by him IN October, 1873, and
Judgment wss rendered on January S,
1874. The case had been referred 10 the
Court of Claims by the War Depart.
ment. and payment was made from the
funds under the control of tbst depart
ment. The Secretary had nothing more
to do with the case than TO
argue it before tho Court Of
Claims. Groom paid him u q ieo
sl0,S7O. The Secretary said that since
the publication in the Herald, hs bad
procured the original papers on which
payment WAS made. which be read to the
One OF the papers showed
that .Auorney.Gensrsl Williams in
formed the Secretary OF War thst no ap-
peal would be taken from the judgment
Of the Court OF Claims TO the Supreme
Cart. The money was paid TO John A.
Thompson, Benz. b. Groom and Others.
The Secretary repeated that he WAS CO.
gagged in the case only professionally, for
which he received pay a. already
stated. What compensation Fuller re-
ceived be did not know. The statement
that the Secretary received bali the
claim WAS unqusliiedly false. he re.
that the claim impressed him
with its being msritorious and just.
Secretary Bristow, a. the close Of the
repeated thst a. the time he
argued the case be had no connection
whatever with the government, having
before that resigned the Office OF Solici-
tor General. Heidi not regard the fee
Of ten per cent. n unusual; he had been
told that the fee Was lot up 70 the usual
maximum. In conclusion the Secretary
intimsted that he would be very
Glad IL the committee could undertake
70 ascertain how the stories such as that
in the Herald obtained circulation.
The chairman replied they could no.
undertake such work a. this time but
they would be happy during this exam
ination tn have such information dis
closed sod would be glad 10 have the
cooperation in this or in
sny other such case. Secretary Bristo~
said since the publication OF the letter IN
the Herald be hsd made inquiries and
bad sschrtsined ,hs. Gideon, who iss
stock raiser snd importer Of blooded
stock is now abroad, The Secretary then
retired and the committee took recess.
Mr.. ". Scott Smith, correspondent OF
the New York Post, appeared before The
in reference 20 telegram sent
from him in that paper 70 the effect tbst
$50 90 Of the money paid 70 Pen
dle.on for getting the Kentucky
Centrsl Railroad elsim allowed went
indirectly into the hands Of Mrs. BOwers,
now Yrs. BslknAp, ihs. prominent
Eepublic.n lawyer said the case was
clear one, and ths. Il would b. an easy
matter for Clymsrs Committee 20 get at
the fscts il they we're dIsPosed. Mr..
Clvnler asked the witness the name OF
the prominent lawyer TO whom be aIlud-
ed. The Sltne,s declined N give the
name on the ground that .be
sam. information had been given
10 Mr. Danferd, member Of
the committee. and IN his presence, tina.
Danford had given the information 20