National Republican., 1878-06-14


proper course. We are, as General Butler has
said, both judges and lawyers. II Is my duty
to examine closely. / have not the remotcst
idea that any evidence may elicit will bias
my final Judgment. confess that cannot
take out Of my mind preconceivcd ideas Just
because ! have been put upon this committee,
yet will deal fairly with q witness. I will
push Tor the truth, because we have been or
dered to do so. We have double duty TO per.
form, and are here both rs lawyers and Judges,
and am not prepared to say that Judge Is
not able TO form proper judgment because he
has asked questions Of = witness. Now as to
the particular point In question, I have never
known II to be an objection TO witness that he
had consulted prior to the trial with counsel.
In this instance the matter may not be of
great Importance, hut there may be witnesses
como upon the stand whom we may have to
ask whether they have been in consultation
with persons named as their counsel and do
not want the ban to be placed upon that line
OF questioning at this early stage Of the invcs.
tigation.
Governor Cox replied at length, and said the
examination Of this witness had taken the
shape and form Of a fierce prosecution.
Mr.. Morrison, the acting chairman, ex.
planned that there had been msunderstand-
ing, inasmuch rs at General Buffers sug-
gestion subpoena was issued for the Appoint
mcnt Clerk Of the Treasury Department which
is Mr.. J. W. Vance.
General Butler said that he certainly had
not the slightest idea OF summoning man
who had held the Office for just about three
weeks, but the person who was there at the
time the matter transpired which they were
now investigating. hut he had believed that
he would have In General Smith an unwilling
witness, bosom fiicud Of Anderson, a cocoon.
spirator, and hence he had pursued the course
Of examination which he did pursue.
Governor Cox-Well, want to inquire Of
the committee whether or not this witness has
shown himself as what would be called an un.
willing witnesst
General Butler (risng]-Oh, am willing to
argue that question now or at any other time.
General Smith-Mr Chairman, as have no
counsel here, i want the protection Of this
committee. The gentleman who has been ex.
amining me has told us that the reason for his
believing that WAS untruthful was because
had received personal letters from Anderson.
Now, he could only have known that about
five minutes ago when produced those letters,
aud rs he assigned that as his only reason II
would seem that that could not have been IN
his mind from the beginning. ! have asked
the protection Of the committee several times,
and even this morning words have been put
In my mouth by him.
Mr.. McMahon said 10 the witness he sup
posed there would be no further trouble IL he
would answer the questions asked Of him, and
then said to Mr.. Batter, General, proceed with
the inquiry"
Mr.. Butler Il have no further questions to
ask.
Mr.. McMahon then asked the witness
whether he consulted with Secretary Sherman
rs to whether the Anderson Matthews corre-
spondence was official or not.
The witness replied that II WIS not. The
witness knew Sherman was In tho act Of AL.
dressing letter TO this committee in reply TO
a request for any correspondence in the APP
pointnent office relative to the Anderson busi-
iness, but Sherman didn't show Il to him
supposos he desired TO know whether the cor
respondence was official to satisfy his mind
before replying to the commi ttee. When wit
ness called on Sherman he told the Secretary
he had received q communication from the
present appointment clerk, requesting 10 sec
these letters and that thought best to bring
them with me rather than send them. The
appointment clerk did not mention the partic-
ular letter he wanted. Sherman said he
wished to examine himself whether these let.
ters were official or not. Witness replied tn
him that was n matter with css had decided for
himself, but that Sherm an could see the let
ters. Witness then handed him the letters,
and he read them all. In dealing with Audcr-
son witness did not act upon the Conn
letter at all. That letter was filed March
TO- and witness was not made appointment
clerk until May 1. Never looked at the files
Of the office for the Conn letter until just be-
fore the investi cation was begun. 1t is usual
to have applications filed for all appointments.
Anderson had no papers on file except the let.
ter referred to. Witness made up his mind to
aid Anderson 5 appointment upon the letter of
Matthcws-a personal one-which has been
lost.
As to the appointment Of Anderson's
brother, it was done ut the instance of James
L. Ande rson, who agreed to withdraw his own
claims when 1t should be done. The brother
was appointed at suggestion Of witness to
Collector Thomas, OF Baltimore, who, after in.
quiries, recommended him. James L. went OIL
satisfied, having decliued the subordinate
place offered him, and then came back to pro.
pose place for his brother. In the appoint
ment Of the brother Assistant Secretary Nc
Cormick was consulted, and approved Of that
way of settling the question. Some time after
the brother was appointed In tho Baltimore
custom house. Thomas informed the witness
that he made good and capable officer The
condition of John NJ. Anderson's appointment
was that James L. Anderson should withdraw
all his own claims, which the witness re.
luired him to do.
James L. applied for a place for himself
about the middle of June, 1877, about the time
the witness received the first letter of Mat.
lneWs, WHICH recommended MIN lOr u place .
1t was about the time Matthews was in this
city, aud saw Anderson, as he states in his let.
ter written later, on tho cars going to BIlti-
more. He may have written that first letter
from this city though the first impression of
witness was that that letter was also dehat cd
from Cincinnati. Witness first interview with |
Anderson on this matter of his appointment
was somewhere about the date of the middle
Of June, and the whole business closed up |
about the eth of June. About the 25tlI, |
when Anderson had waited in vain for a reply |
from Matthews to his letter the witness had |
ncOscd TO Matthews at Andorson's reuu lst,
Anderson asked witness to telegraph Matthews |
about an answer 10 that letter, and Matthews
back stating that no answer WAS |
required or necessary. Witness had only one
with the President about Anderson. |
Went over TO tho Presidents house with Ander. |
son at the urgent request of the latter who |
stated TO witness that the President would |
confirm his statement that he had been |
promised higher place than the one
hat had been given him. He asserted the |
President expected him to have higher place |
han Sl,2OO. Witness never Consulted the Sec. |
'etary Of the Treasury about this visit to the |
President or told mm Of it. He knew abso-
utcly nothing about it. lie would never have |
lnything to do about appointments, and wou Id !
always refer witness TO Mccormick. When We |
went to the President the latter refused to see !!
anderson and expressed disgust aud aversion |
Oward him. Witness told tho President An |
ierson was political refugee from Louisiana, |
who had been offered 81 200 place and refused |
I, expecting a 5000 place. The President |
iecined to see him, but said he was not averse