, 1879-03-04

tE: lUESDA1 MARCH,
tho Indictment, and having It presented. sa!d 10
tham tint JudGc lsodrelt mid to mt l1,at ir that
case It wond be ny Official duty to withhold tho
indictment.
Mr. Coopcr-'' ''Rfsht hers Did hu 10 tell yon.*s
A." fct. sir. nra desire 10 bn nnaernsood
tlo~, tho Jndgc requested that
THEY coMa INTO counr.
The only message that tho Judge sent to the juYy
At all was TINT they tono into court. II they hal.
tho sRhtcat hcsttatfosroont tho law or tl,n facts;
tfthry wore Dissatisfied al ali, 10 como Into court
atid ho woutd Instruct then, from tho Nonch."
lfy Tho Charman.-t}.-''i did ,he judge ASSUME
that 1t was his Fight 10 Instruct thom ns to Tho acts
from tho 1lcnch1"
A.-"No. mir; don't think ha iid."
Q..-"rhsn It'd he aar that it they Ind Tho
sIIghtest doubt about tho Law Or thu fact 10 came
down and ho wouia Instruct thcm."
A.-'Doubt about tbs law, Or his having given
that construction at tic taw as understand. This
waa oil sasl in vary brief time, and. allow.
tnN for tia temper Of tho Jury, and ths carntss.
nosf with which they had Investigated this
mailer. had m apprehension that
notwithstanding thcY would insist upon an indIct.
,ucnt, and presented that a1tornntive that after
having been Instructed by tho Court they should
tasfst upon tho Indictment. what thens and tho
Judge replied, In thai event 1t would ao suy duty
to Withhold tho indictment. We'll. told tho Jury
that aftor they hnd declined to 70 into court, aud
had accepted my etatencnt a. coming from tho
Court, told the lnrY tho conversation thnt had
had, and then MIS- willing arose Il think it was
Slr. Willlng), and aaia to nc, Under all tho
circumstances, II tito Jury hcslro TINT Indictment
presented, woutd yau faet Il your official duty to
withhold its' said should.''
DfscaFatng the statement Of Judeu nodge,t,
which docs not materially canhlct with tho vnFua
and indcante recollection Of Dir, Bangs Al cshib-
lied III tho foregoing extract fsom Ills testmany,
md which would sccn, the moro reasonable OF tho
two, when Mr. nnnRs' own incertitudo and evl-
dent anxiety to elicit thu opinions Of Judge Ttnm-
bull. Judge Lawrence, and lit. Aver arc "a.
called,
WHAT FACTS ARE DlscLosnD1''
Frtf-That Judge Dtolgut& informed Tho Dis.
tsict Attorney that lo had advised 5lr, ttibbard
that proper construction of tho ninth einuss Of
the nineteenth section Of the bankrupt act Of
June ~ 1874, only required him 10 report tho to-
taf an1onnt of fces and enotuments received or
earned By him As noEsstcr in bankruptcy during
tho year, fact which had already bcen stated TO
| the Grand jury by Mr. Bradley.
stco"d-That Judge Dlodgctt Expressed tho
opinion that II would 10 wrong to indtet 3r. nib.
bard for perjury for having acted under TINT con.
structton. an opinion IN which Judge Drummond
tcetshos that he concHrrcl.
7hird-~That ho requested tna District. Attorney
to inform the Grand Jury Of bis risw Of the law,
Which, Judge DrGnlmond says has been tho utac,!co
nut only In that Court but In all tic District Courts
In that circuit for years. Or II they woro not sat.
1sacd With that, to request them to como into
eofft where ho woutd inatrnct them fully from tho
bench, ~ 1t was not only his right but bis duty to
do IL thay required Ills instructions.
Fourfh-That when aakea by the District.Attor.
noy ha Expressed tho opinion that 1t would bo hls
/ duty to withhold au indictment II tho Grand Jury
sAauld tnatst on returning In Ilsrcg4rd Of tho
Instructions Of tic Court.
While it ia true that yIllfu and corrunt inter.
ference With tho legitimate functions Of Grand
dufy, cttkes 10 prevent anY proper Investigation
Instituted W ihonl,. or to suppress IN indictment
they uny lawfully ind, may bo Justly considered
ona Of tho most dangerous o1unses Of which
JudRo csn bo guilty, yet 1t IL equally sruo TINT 1t IL
not ouly sho right but Tho duty Of tho Judge to
INSTRUCT THE GRAND JURY
as to questions Of law, and howcser much he may
eff In such insteuctona, unieas 1t ean ba shown
thut such error was WillfutY md cutruptlY COIN.
mtttcd, he cannot bo held guilty Of an onopso
thcrcln. Granting, therefore. all thu facts Tint
can he dcauced From thu ya.uB testimony OF nir,
banga to BIO true: toncelins that Jutge Dlpd.
Rctt was wrnng In hts construction OF tho clause
OF tho bankrupt act unacr which IItbbattl acted
admitting that ho ami liboarI wero on tetms
Of tho most tntln1ats friendship, they uadohbt-
| edtY Were admitting TINT hc orraa In telling Mr.
IsauEs, WHOM asked, that Il would pe hts du,y to
withhold tho Indictment II tho Grand Jusy !nsIstca
90 dndtnN In dtsrcgatG Of Als Instructions siil
your Committee are rtabld to SEQ h0s 1t would b.,
possible to conv!c< him Of crime upon tho q Vt.
dcnce before them. fofhoweyer nlnch he may nayo
esteemed Mr.. 1iibbard. 1t was certainly not wrpnR
in h'u, to Instruct tho Grand Jury as to The
elements Of perjury, merely because thcy
l ltafn Hire 10 f&..ffn nd
| that ctlme nnd those was nothing obligatory On
Dao3s to witlhold tho indictment merely because
It wns tbs Judgss aninioa tha& It ulght to hta uty
! to do 10. Indeed, no fur as this ehafge js con.
casncd. 1t would scem TINT thero 10 a. much groupd
for tho Impeachment Of Dapes ~ for tho ,apeact-
neAt Of UlodgctI
| THE NEXT ctrAnuB
exhibited Wns that Judge Dlodsctt, whlla holding
the onca Of Judge Of the District Court Of Illinois
had knowingly borrowed and converted 10 his own
potzoual nsa money belonging TO or deposited In
tho Registry Of his Court. under which
was tho following specification: That whilst uHuk-
rnptcy Causes in said district wcso peui.lnR In tic
Court presided over by him. Judgo Hiodeptt had By
tho power and INFLUENCE Of bis juuicisl oillcp pro-
cured divers Ass!gnpcs OF cstatoa In such bunk.
surtcy cnascs to loan to hin, tho said Dlod9ett,
for ha owu poEsonsa use, large aun,s Of money be.
loaElng to aHch estates. AID on deposit In Tho
Rcg.atry Of aniu District Court.
| In hta answer to lula chargo and specification
Judge 1Iougott admitted that llo ha,l borrowed
| from Mark II. Klnlhall, Assignee In Nankturtcy
OF tho Mutual Aucar!ty insurance Company. tbu
sala af $1,000 on tho 10th daY Of June, 1870,
which ho ropala with intcrcat In the following No
vc.aber and December; aud that he also borrowed
from James Long. Assignee iu Bankruptcy Of tho
Equitable Insurance Company. tic sum Of 81, 600
OIL the I'D day oi November. 1R72. aud tho fur.
tler sn1, OF 81, 600 on thu 1Dth day Of Dccsabes,
| 1S72, Which amounts 10 also gcpaid but denied
TINT either of said lunlh
! HAD EVER uEgx DEPOSITED IN TUE 1R01sTHY
| or Titx COURT,
Or that he nsrd his pclal posltton 0. sanEcaco IL
sny manner to procure o'thpr u said loans, and
whatescr might bo said 0f tho lmpsopriety 9f a
Judge borrowing truss-fnnaa from u qdaciasy uplr,
tho control Of bis own Court, It IL certainly not
crime. And anotaGr charge II to lhe
effect that Judge nlodgctt. while holding tho CIR.
cult Court ot ths United Htates Tor shu Northern
District Of lllnola. had willtully employed the
power Of Hafd Court to paEpetfato scls Of gro4a
tnllcinl oppression upon the rights Ut private
clfzcp. and to sanction MID direct tho cotn.1sslon
Ut q as9rant trcspssa which constituted
criminal offanxp under tho laws o!
TIN Stalc Of lllno!s, punishable by ans
aAll imprisonment, The factA tn rotation 10 this