The New York herald., 1878-03-31
M'GARRAHAN'S CLAIM.


THE UNITED STATES SENATE COMMITTEE
ON LANDs-THE CLAIMANTS RIGHTs-GEN-
ERAL LooAN's POINT CHARGE OF FRAUD.
WAsHSGroS, March 80 1878.
Tho Senate Committee Public Lands to-day re-
sumed the investigation which has grown out OF Will
lam McGarrahan's memorial praying legislation to
correct tho record Of his patent for the Panoche
Grando Rancho. embracing the New Idria Quicksilver
Mines Ex-Senators Matthew Carpenter and John A.
Logan and Mcssrs q. p. Shaw, S. s. Sheabarger and
Eben C. lngersol appeared counsel Tor tho memo
riasta Ex-Attorney General Black, Judge D. Wilson,
Of Iowa, aud Mr.. Buricll, ex-commissoner and Cur
is ex- -chief clerk the General Land ofce, repre-
ssnted tne New Idria company.
xx-G0vERHoR oooKE THE STAND
Ex-Governor H. b. Cooke called a witness for
the mem orialist He testified merely that he knew
Vicente Gomez at Monterey Cal. in the year ls47.
and by common report, know that Gomez the re-
pu,od owner orr rancho IN tho San Juan region, fifty
or sixty miles from Monterey. Hc did not recollect
whether he heard the of this rancho the
time referred 10. long discussion here ensucd be-
tween opposing counsel TO the proper order OF
proceeding.
Mr. lngersoll having been taken suddenly and vo-
lcntly H. Mr.. Carpenter moved that the committee
adjourn, because Ingcrsoll was to have conducted
| crosse examination of leg ABRAHAM to-day.
II was finally agreed that the session should con.
linus Tor purpose OF receiving document.
| ary evidence offered by the Now ldra Company
| and identified by J. d. Marr ono of the
| clerks in the oficc Of the United States
| Supreme Court. as forming part of It's records.
| Those documents were submitted for future CON-
parson with the prn.ed records heretofore
| 10 test tho cntire correctness OF tho latter They
consisted mainly Of tho transcripts Of tho record
tho Of tho United States VS.. Gomez (Which Mr..
Wilson said would show there never was an appeal
taken from tho decision OF the California District
Court), and original return Of udgo Ozicr
order OF the Supreme Court giving history Of what
would show that Pscncus ORD, as United states Al,
torney had taken unwarrauied fraudulent action.
nnabor OF documents. which wers likewise iden.
titled originals or certified copies. They included
record the proceedings conccrnng the Gomez grant
| before Caorn na Land Commission and q certified
| copy vi the hayes survey OF the Pan0che Grande
Rancho Mr.. Shaw also submitted the Transcript OF
the record made By United States Attorney Gtche,
which he caimcd should be shown TO be o falsiled
transcript, together with various certificates and am
davits which he asserted would prove that Gitchelps
action in sundry particulars was unwarranted or cor
| rupt.
Judge Wilson then Introduced the supreme Court
| records showing the various cases included in The
from tho Court until ai dates
subsequent TO the date when appeal is claimed to
| have been taken in the Gomez
After recess Mr. Shaw said ne ready to pro-
| Good with the cross-ex animation OF Mr. McGarrahan
account Of the Illness Of his associate, Mr.. ugcr-
soil, who was at present In a committee room sur.
| rounded by bis family. he would therefore, offer
| some correspondence which had been printed and
| was hc In the Attorney Generals office. Mr. Shaw
proceeded TO comment on this correspondence as to
his views of what II shows, when Chairman Oglesby
said the committee did not desire to hear comments
upon printed evidence In the record counsoi's
terpoations OF what showed had no effect whatever
| upon the committed.
| Senator Mcdonald asked Mr. Shaw II he did not 10.
tend confne himself 10 the record In this case, and
snss ssd S Ss 0ae IN
NcGarrahan and taxing his verbal statements Tor tho
| purpose
Mr. NcGarrahan was at this point called to the
stand and he proceeded to relate rs action when the
United States supreme Court revoked lis ma ndate
confirming the decree OF the District Court OF Cai-
! forn'a IN favor OF the Gomez grant. He produced
copies OF papers alleged 10 havo been led Dis
trct Court when the chairman OF the mittce said
the originals must be produced, especially as they
Al TINS point lengthy conversation took place be.
tween Mr.. Shaw ana members OF the com mttee with
reference to the decision o. the supreme Court which
| Mr. shaw claimed was effected through fraudulent
by lower courts and parties Interested
| In tho cause
the decision OF the Supreme Court could not be de-
feated by any executive body OF toe United States
government and that he, for ono OF The committee,
could entertain the idea OF overthrowng decision
| made by that supreme body
W. n.
NcGarrahan purchased the lana in question a con-
nrmed grant, and that he proposed 10 show the
in obtaining the decision Of the Supreme Court, and
he considered Il his right TO insist that the mteo
inquire into the collateral upon which the Of
| the Supreme Court was based.
CRUSHING REVOLUTION.
Tho following rsso,v,,oR vas then introdoced By
Senator Garland, OF Arknusas:-
Resolved That In fuurs no testimony bc received in
this touching the proceedings In the courts
whether Goea ever had valid gran. or Rn, he h" saon
equities would enttie him to perfect the
Ex-senator Logan, OF counsel for NcGarranap said
II his opinion that II Mr. McGafrahan had a ttIe
in equity OF hits land the legislative body
OF this government might dispose oil 1t IRE.
| spec,ivo Of any decision made by any court
SAID the patent Of McGarrahan maturcd INTO perfect
title whom the Secretary OF the Interior
as OF course the whole case ialis; but II he
mad legal or equitable title, either legislative ju-
dicial, and osher parties acted ronduenily to pro.
vent him from receiving title, he Mr. Logan asked
that the same rights be gwen Mr. McGarrahan as
sivcn the New Idria M,nlng Company, who
ts' between Mr. MeGarrSSau and that that company. sny.
10 SUIT before any court lie asked that he M gut be
permitted to show that Dir. McGarrahan purchased
this properly ana that patent had Dcen ordered to
issue Tor him, but that been so Dtcrfcrod with
rs to obsiruct Justicc rom flowing as regards tho
claimant, Mr McGarrahan.
Judge BACK said the decision OF the Supreme Court
was conclusive that Gomez never had any ttlo TO This
land.
Az this point an argument ensued between Messrs
Logan and Black regarding tho evidence having been
submitted, and Mr.. Logan roma rked that he had
evidence introduced before the Senate committee
which would not have been allowed TO be submitted
In a police court
Senator Garland here stated that he desired to offer
an amendment TO his resolution as foliows:--
And all testimony heretofore taken not bearing on this
question DO and the same is hereby excluded.
In reply to General Logan's assertion that the New
1dria Company had right to appear before SEN
ate com mittee, Mr.. ID. q. Wilson sad that the New
ldria Mining Company had liked legal and vested
rights 10 this cause which Congress itself could not
take away from them.
Mr. shaw made tue closing argument OF tho day.
He reviewed at length the McGarrahan tile, aud
pressed tho opiniou that 10 resolution oil senator
Garland should be aincndcd, go 10 pcrmt the dcci
SOU Oi the Land Commission Regarding the 10
entered IN ,vidcncc.
Al live O'Clock the committee adjourned until hall
past seven O'Clock Monday evening, when counsel