New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-05-09
THE EFFORTS FOR IMMUNITY.
A MISsrATEMFNr IN REEDS BRIEF-MR' MORRILL,
CORRECTS IT-A SEW AND IMPORTANT POINT.
IyY TELEGRAPH TO TIE TRIBUNEl


IBY TELEGRAPH TO TIE TRIBUNEl
WAsHINGrOy, May Sin the brief filed by
Chas H. Reed attorney Raee, JunIcr Co., whisky
dealers of Chicago he says that in January, 1871 con
sultaon occurred between the Secretary Of the Treas
ury Attorney General and the Commissioner OF Internal
Revenue concerning their cases lie says that 1t Was
then decided by them, lie Is informed, that the snd
agreement should be fully kept aud carried out by the
| DEPARTMENT Prior to that consultation he mad not
offered any amount as a basis OF compromise, but after
had occurred he was advised by Attoruey-Genern
Taft and Secretary Morrill, TO make an ohcr
Of some nominal ia order to give the department
Jurisdiction OF the cases and 50 enable them 10 carry out
the agreement. The serious Illness of Secretary hoIrl
prevented him from coucnrrn in the recommendations
he had not been III he would undoubtedly have advised
and consented 10 the compromise and settlements. as
he had often stated that the agreement should be kept
and fully performed by the Government without resort
! 10 cGuiyocation or technicates.
ExSccretary morrill, disposes Of the above in the fol-
| lowing letter. - -, ,,-, o--
| 7Je Hon. H. F. FRENCH. Washington, D. &.
DEAR SIR In reply 10 your favor OF thc am INST neg
t s3V bri. rs thai there such consultation as i
mentioned IN the brief extract from "hch You quoled
Et IL was not then decided, nor at amy oter thc at
Inc agreement claimed 10 have been made should be
! fully kept and carried ont hF the department. ING
ppint of consultation WAS whether cchcednS IL 10 ne
iruc that there such agreement a. was c'ahe iHe
Secretary had authority to maze such agreement ahI II
So whether II was blhuluE uJ iL'' si',,"i - ~
! for myself only, 1 aid NOT at any tune express me
!
ration between us and YOU must have been aware OF
The views entertained as 10 the authority 10 grant r.
lease nom CIV '''''''''' LoT NJ MoRRrLL
Secretary sherman and the Commissioner Of Internal
Revenue Mr. Eaum, had consultation to-day n regard
70 the assertion made by Charles Reed attorney for
fine first batch" OF Chicago discrs to the effect that
II civil immunity IS denied to his clients the Govern
nept will be poweress Units prosecution OF the second
batch" for want Of evidence. This position which Mr..
Reed has held with great persistence, seems 10 have at
rocte the attention Of Secretary sherman. The latter
has believed aud possibly stll believes, that the Gov
| crumcnt can Use the confessions made by the FIRST
hatch under the opposition that they were to receive
entire immunity az valid evidence for the prosecution
nf tbe second batch" in the cases now pending Nj.
Reed with great earuestness has informed secretary
sherman that the United states courts would no
where allow any such use to De made OIL
the evidence on the principle that no person under the
Crt,tution ~ the United states be forced TO erin
i,ote himself Mr. Reed has further said that the action
~ tIc rours in chicago already indicates that such VIII
be tn,f iu ne rsmony already given caniot be used
and that the only evidence me Government mas OF can
bo viii refuse To give il If their application j. refused.
In plain Mr. Reed again served notice to-day ulon
h Secretary the Treasury that the entire success
alule % I'm DT others Of the second batch" dcpcuds
cnrry a. MIR Reed puts It, upon the Government main
tanning its honorable obligations Win thc hrst batch
srcretary sherman insisted that there
which compels a witness 10 testify even II he should be
crmuated. Mr.. Reed challenged the secretary TO show
H. whcreupOn the latter sad that IL not his business
10 act ~ officer of the Government. Mr.. Reed main
ains that the onl possible statute Which Mr. sherman
could have had IA nina was statute relative tn wit
/ uesses before Congressional committees, and says
very provides that evidence 50 given II tending
to criminate the witness; cannot IN any way oe used
against him la court OF Law. Secretary sherman IN
quired OF Mr.. Reed the gaugers and other officers
would not testify against the second batch" 10 TINS
Mr. Reed replied that they most assuredy would not,
the history Of the trials already held IN Chicago
shows the contrary There has been one charge OF per
Jury made against gaUgor but the proof OF the perjury
ID furnished absolutely by the testimony oil the hrst
| Dat1l."
Secretary sherman appears still to have the subject
under consideration II IL very evident that the Gov
eminent depends upon the voluntary testimony ~ the
rst batch" it, IN the pending prosecutions
may possibly cause the secretary " lOOs upon tue In