, 1879-05-20

INV DGEU tllt GAk1o0
nf IllarrinE. lfr ,herefor9 nHketl, TIC pr.ccil-
ton hnysbE completely cxellpntcd Mr. Potter,
HAT AorIe proceedings be had, such ns M in
sftaction 70 the jury TO rcnder verdict OF he.
tnhIst rcpNratlon for the INJURY 80 Wrongfutly
done him.
TIE IfALr-lxcn ctAtM.
Mf. Casnpbeit remarked TINT Mr.. Svett fIad
failed to call attention 10 tic payment VI
eieT: 1epy cH 1 ic for s s,a 1e ias 4c eon,roc, with
Mueller III this respect Tas ono admitting Of
two constsuetons: that It tTns made tefore
Potter went into otr'rc; Tint Payments lud alto
the question was never raised before lin; that,
70 fnr a. this case showed, hn won1d have Aco1
rrprchensiblc, just as any Government officer
1nll no more, i Ill., l"'t,tnc?. wore ; TronE;
COUNTING c oiieer, wiio wien lis li'st attention
wns called to tlic ,phrascoloRy Of i!!o contrnct,
lind decided TINT Mueller was entitled 10 pay
for saving tho l,a'f-lne!. but tl,yre was nothing
to show that the matter wont through loiter's
llhtds. The voucher was ,nulc by tho co.,-
tractor, went to the Collector nf Custotns, who
passed on 1t, forwarded il to the secrctary OF
honda vi ansno sixty Or seventy Of Pottcr's
clerks, being inn!lY sent TO tho accounting
officers, WHO found 1t correct md recommended
contract. It was questlon for tho accounting
officers altogether. The Court surely wnufd
not think Of hotd!nE 4 man IN case OF corr
sptracy upon llse iact sllat lle nag mado n'ls-
fnko TAX In tile construction or eontraSt.
payment Of the 10 per cent rcscIye,
the evidence Showed thnt, hcsldes bctng outside
the statute OF limitations. It vas pail by order
OF tl!e secretary ol 3lc ircasaafS', ~, rotter haa
suspendcd ynrk on tlle building. Tlnn app!!ca-
ton was tnaue tor this 10 Ier cent Un submit"
ting all tho iacts to the Secretary tint ofllcrr
ordered IL TO bc paNi:, Coula nn}bnly conceive
oi surh tlIlnE a. Holding nelenaant Tor con.
sli,acy who not only fought tls contractor
with whom he Was al!cged 70 have consplred,
but VINO alsnelldcu the cohstrllction u tic
hut'asAE, tseo'nsnynaea u,at y be torn down.
nRllRhea t!e character ol 1he etohet nus, wien
hla superior officer 'lnnllv said, +" YOU, hive
stopped tlat building ,srongtul!y, and ,you
must 70 atcad aud build It," t!iereupon saia to
tho Secretary Of tl4c lrcas,ry, This contractor,
claims y per cent" utu was L. tilieFenpou ordered
| by tho Secretary to my ttt Therefore, on theAo
two questions, as on all others, tlcfc was not
ono ssinttlla Of proof IN regard to this dcfcnd'
ant; ,.,. l.. .. A..
| motion In behalf OF
Mn. mil.
The rulc Of Inv was tlmt. II there was no cr,-
dcncc against defendant when the prosecution
closed, 1t wns the duty Of the Court to trstrucs
the Jury TO aeqilt. Az me atsnulcs about con+
tsncts, the cv!leuco Showed, had heen settled
hcforo Hill had any nflrtal connection viii, the
Department or the building. lie found
tie olllce left NY fotter III splendid
condition, adopted wl1at han been established
nt settled by hts SUPERIOR o1llcer, the Secretary
Of the Treasury, took up the building from tliHt
time, and hnl been conuccted with It up to the
| time OF bis suspension. Mr. Reed thought l1s
Court, the jury, ntM the prosecution would nEEee
VIII hltn ~ eafins !nat :nefe was mol s!hsae
rat,,rn vh;c, comnc,c ii s clicnt w;th n,,wth{n,
innrnncr IN -e3ntion :" thte "nae. hmt tGnt m
~ t'tar ,,nn1 III ,,e cv1,"nrc s .Ic,,,nnt%i
liz, "s vrnnm fnI Imam finn" H.. l1tii IN n.
ni, % ~ ,s %rons INV rnn "e' ,rt' u' ] & i noror ~ H. hs
mentisd An tnltctincnt n n~anst S ro,ur @ man nv
it.. Wr Mi ,mam ~ h;vh ~ "nns ~, ;J rnsn.rt ,
,!na mh,ir an1caa "hroa ~ "vrr sc r,n,sy IN
w.. n..aT,'rs aua1 was ~ ~ ,.s"if stom wi,
% ~. ~" ,,",a b ,mad ". IN ut ~ ~
nue,o,,t " cn H. end halievod ~ ~ per.a'
scnta,ivrs wom ai tsEa nieasro in sayin.. MI tn
I.. .,+ "".u sne ,a .aS1 -, n.aann ~ ~
na.at e.s tsesH Mno ~ @ ev'.e.,u mUseP ~ ~
tv thrrntoru askci AK that Tic Gourt wouid say that
ou II hn 1ecmcd Il nroner r, anne raarks aka
s VIZ H. H md let tbs rsor
8HOW Lnut lnG JHEJ AElltlilLEN SAE+ 4lul WltnOuL