The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-17

had Committed fraud In tho matter.
Judge ID. q. Wilson replied that tho book not in
the possession Of the Now Idra Company.
W >. Lincoln. member OF the FDrtcth Congress
from tue Bnghanton IN W district was then sworn
preached IN the Interests OF tue McGarrahan claim;
never heard OF any Panoche Grande stock until he
saw the publication In the newspapers of tho alleged
list OF outside stockholders; the whole thing was
fabrication so far as no was concerned and moreover
that while member Of Congress he had on all occa
sons voted against favorable aciou on~the McGarra-
han claim
James \. Wilson next appeared before tho commit
tee TO make similar Sworn statement He prefaccd
II by saying that If there was any other paper doc
ument or book IN possession oil tho New idrA Com
pany or its attorneys purporting IN amy manner to
connect him at any time or 10 any extcnt with the
Panoche Grande Company no wished Il TO be pre-
sentcd. None wero forthcoming, anu he pro.
they and tho alleged list oi Stockholders
arc audacous forgcries 80 FAR thcy mentIoo his
name IRON whatever source they may come, or who
ever may produce thcm lie then recited MS oficial
action on the McGarrahan claim while chairman OF
the House Judiciary Committee. The report IN favor
OF NcGarrahan was made after an extremely careful
investigation, running through weeks. during which
witnesses ana papers we're examined aud all sides
heard, and tho report was unanimous with tho exce
ton OF one member oil the committee, Mr.. Boutwell,
He lNr. Wilson, had never received auy compcnsa-
zion IN money, stock otncr thing OF value; no mad
no promise or hope OF reward, and The charge IN
every possible Chase contingency was absolutely
and auiaciously alse.
Jauge Blacx-why. you don't suppose that we
mako any such charger
Witness--Yes, do: Tor you have published u book
containing The allegej list, accompanied with unns-
taxable innueuu0cs against me.
Judge Black and Judge u. Il. Wilson thcreupon re-
marked that they had never the book until alter
y was puhshcd and had not presented II as evidence
Judge Black added addressing James r. Wilson,
ave confess judgment in your ilvor"
Mr. e. T. SHAW at this point referred TO q statement
which, he SAID. was made BY Judge u. g. Wilson at
tho last meeting, TO the effect that all the action Ia
vorablc 10 hcGurrahan had been procured by corrup
ton. and this statement, no said, was direct assault
upon the character al James f. Wilson and other gon-
tiemen named IN tho alleged list OF stock holders
Judge d G. wilson smphnlically denied that he had
made any such sweeping statement aud heato words
wero exchanged between the TWO attorneys, which
compelled tho chairman 20 call Ihcm TO ordcr.
JUDGE BLACKS CONFESSION.
subsequently Judge Black said ne admitted that tho
lts referred 10 Is not reliable, but is, in iact, false
'Is, as 1t contains the names OF some persons who
certainly were not stockholders and omitted others
who. he believed, were stock holdcrs.
This admission was called forth by propo-
snion submitted by Mr.. 1ngersoil to place
the paper In cviicnce with view to proving
Its alsly duty. he said both the LIVING and tho
dead whose reputation It assaicd He also demanded
that tho orgiual STOCK journal should be produced
and that the committee should DO informed oil tho
sources whence tho scraps Of paper purporng to be
be produced at tho proper time TO show whore tho
pager came from and Judge Black reiterated his DIS
oaimer OF any belief in its correctness reliability.
Mr. Ingersoll--But last Saturday no exceptions
were made to anybody on that list.
Before the examination OF McGarrahan was re-
sumcd the counsel for the New idra Company stated
that they might hereafter desire 10 place IN evidence
in addition 10 the twenty letters already filed
other letters to DO selected from The mass OF cor
respondence which had been Informally laid before
the committee.
Mr. SHAW said he would object to this unless hts
side was first given an opportunity TO examine the
letters. They had, he sad, been in the possession OF
u company which no was prepared 10 prove had once
made u contract for gwen amount Of perjury and
forgery IN order 10 defeat tho clatm OF McGarrahan,
ana without careful examination OF these letters IL
would be Impossible to tell whether any
or iorgcries had not been committed regard TO
them.
The committee agreed that the desired opportunity
should be Afforded
Mr.. MuARRAHAv RESUMES hrs TESTIMONY.
Tho examination oil Mr. McGarrahan was resumcd:--
He said that at the time the Land Commissioners
passed tho Gomez grant, aaJudicating the QUcs
ton, TIC mad no knowledge 10 VINO the Com mision-
ers were, aud at the limo the Court confirmed the
claim in 1857 ho had no personal acquainlanoc with
the Judge or any officer OF the Court. Ho had not
CENTS worth oil interest in It then, nor dd he even
know the cusc was before the Court He eubse-
quontly became acquainted with Gomez the grantee,
having been ia.roauced to hun by Charles Gaylord.
Hotel At the time Of his purchase from
Gomez he heard that thero quicksilver
purposo OF aacertansng Whether this ' was true lie
accompanied by Mr.. Gaylord and another gentlo-
man. They found small hacienda aaa some men,
ana learned that quicksilver had been discovered at
the nine. lie informed the parties possession that
he mud purcnased the property
Counsel Tor Dir. McGarrahan then submitted I'll ia-
Wits us 70 the above rccited facts Of the purchase
Mr.. McGarrahan, continuing, ssi1, alter his return
to san francisco from his property, which was about
leo miles distant two persona separately called upon
him 10 purchase tho land, ono Of whom Mr.
shepherd, connected as he UNDERSTOOD with tho New
ban declined to sell.
Afadavls wero offered 10 prove these facts
Senator Paddock, of the committee, said they sim
ply received papers for information only with
out approving Of them. Tho committee desired all
the light they could obtain.
Mr.. Shaw. OF counsel tor Mr.. McGarrahan, submit
tod papers to show that Isaac Hartman was counsel
for the owner under the Gomez grant.
Mr.. McGarrahan related at some length the action
taken by him secure hts grant, and became salts
fed had been secured by the dismissal the appeal
n tho Supreme Court OF the United States
npnA nnnVn GnsA0 fha HpokV INF
raised by tue counsel for Mcarrahan. that Mr. Good
who was assistant United States counsel TO oppose
McGarrahan's claim in tho Supreme Court was also
counsel Tor tho Now ldria Company.
Mr. McGarrahan said he knew this fact
Judge Black, of counsel Tor the Now ldria Company,
allud,ng to remark that Mr.. GooId ompioyed by
him Attorney General at the time said he thought
that Mr.. Goot was employed by Mr. Stanton; Mr.
Good acted for the United States and those claiming
under the United States, as adverse to McGarrahan.
Judge Wilson, OF counsel for the New Idria Com
pany, said had been the usage to employ assistant
government counsel under similar circumstances, and
they objection TO It cnhcr In morals or law
Judge Black said no knew nothing OF the New Idra
Company ut tho time he thought Mr.. Goold was
employed both ny the governments and the company.
SHAFT SENT AT GOOLD
Mr. Shaw submitted letters 10 SHOW that Mr.. Goold
acted as counsel against McGarrahan while he was
employed by the government with tho knowledge OF
tho head Of tas Department. OF justice
Jeremiah ii. Wilson, OF counsel Tor Mc(sarrahaH,
said the point was tnat tho Now ldria Company ana
McGarrahan separately claimed the land that Mr.
Goold was counsel for tho company well tho
United states. and fought McGarrahan under the
American flag.
Judge Back remarked that under the circumstances
Mr. Goold could not work for without necessarily
working against tho other.
Mr.. Shaw-wo claim that being employed by both
the government and the Now Idria Company, the
vice was INCONSISTENT
Judge wilson said that Mr. Good appeared for tho
government, whose interests were identical with
those who opposed McGarranan's claim.
Attorney General Bates, speaking OF Mr. Goold,
said no gentleman ever represented tho government
moro honoraby than he.
Mr. Shaw at somo length sought 10 show that Judge
Black, while acting as Attorney General, had fuii
knowledge that an appeal had been duly taken when
he made the motion In tho Supreme Court to revoke
the mandate OF the Supreme Court In favor OF Mctiar
rahan, bnsing his molion on the ground that thcro
had been no appeal
Judge Wilson SAID he saw no use In discussing those
questions ms the supreme Court decided tho merits
OF the case.
question having arisen TO tho letters papers
produced by the New ldria Company, Judges Black
and Wilson SAID they would put a witness on tho
stand to show from whose possession they taken.
Mr. Ingersoll, Tor Mc1arrahan, ask whether they
would not give his side the Information, SO that they
might procure such further information as they