, 1879-02-02

ret,,rn unything more than hisf fees arising under
the caxes that had come before him dur1ng tnat
ycar,-the language OF the Ia" IS, cases eonnE ~.
hefore bin,,'-and that it was not necessary lor
him ia retrn bis fees in those cases that had been
commenced, and had come before INN ou1in9
the previous wear. Judge B1odgett then called
nv attention to the law, and stated some OF the
reasons why he had reached me eoneus1n anan a ~
Nr. Hubbard. do not think that Judge Blod-
oett asked what WAS my own construction OF
fhe Inv. and am quite sure that did not state
Whit nv construction OF the law was. l stated
to him. when he mentioned the various reasons
which had induced him to arrive at the concln.
sion mentioned, that there was good deal o.
force in what he said, but did
not then, or at any time during
the conversation, state to him what my own
construction Of the law was. ~ Inc case, 4 Us Pie- &c
this aspect: that the Grand jury had found, or
believed. that Mr.. Hibb2rd had not made true
returns Of fees which be had received, because
he had not Included the fees which he had re-
year. There was no question made, and no 1nt'-
nation in any form whatever, that ne had not
made true returns under the construction which
Judge Blodgett had given to the law; ana l
then said that If Mr.. Hubbard was to be indicted
for making bis returns in conformity with the
instructions which had been given BY the Judge,
those returns, as thus stated, being true
thought it would be q great wrong to Alr. Hib-
bard. dio not then, or at any time, give my
own construction of the law. and did not SO
state to Judge Blodgett-did not state what my
construction Of the law was. I did not state
whether concurred with him in the construc-
tion of the law, but stated that concurred
with him that under the facts as they were n tolq
to he 1t would be greatwrong for Mr. iilboard
to be Indicted"
MIR, Knott-Suppose, Judge, that you had
been informed that the Grand Jury had conc]ud-
ed Mr. Hubbard should be indicted tor violation
OF the law. even assuming it to be as Judge
BIodgett construed 1t, that Is to say, II they ar
rived at the conclusion that he had failed to
report all the fees and emoluments received
and earned by him iu cases coming before him
within the year,-would you then have suid 1t
would be an Outrage on him to indict him!" "
>"Certainly not" "'' -:
81 will ask you to examine that ludlctmens
and see what the case Is"
s.But wish to State that everything that was
said BY Judge Blodgett during this conversation
was entirely inconsistent with the idea that Inc
returns of Mr.. Hibbard were. untrue under
judge Blodgett's construction OF tl1 the ia".''
Judge Drummond looked over the perjury
Indictment, remarkine, as be did SO, that it was
a verv long one, and MIR. Knott told him to
take bis time to look over it.
Swell" said he, alter having studied It q
little, ' notice here the language OF the ludIct-
ment Is, that he deposed-swore-' that the to-
tai amount OF fees, charges, costs, and en1olu-
menls of every sort received and earned by him.
the said Homer N. Hibbard, as Register aforc-
said, during said year ending the 30th OF June,
in tile year OF our Lord 1876, In voluntary cases
ia bankruptcy coming before him, the said
Homer N. Hubbard, us Register So in relation
TO the involuntary cases,-in cases coming be.
fore him during that year. Tie averment Of
denial is in the same phraseology." y.
Mr.. Knott-The accusation, then, Is, Judge,
that he did not make true return OF the fees
and emoluments received and earned BY him in
cases that had come before Linn during the
year2''
''Ycs, SO understand" 49,.
ssThat comedies exactly with the construction
that Judge Kiodgett said he gave!"
.:That was one Of the reasons, as I under
stood from Judge Blodgett, why he gave thls
construction to the law; cases coming before him
not all cases heard BY him, but cases coming D.
fore him. Judge Blodgett, as understand,
construed that to mean the eases that had been
referred to him (Hlbbardl mud that had first
come before him during that year. That is
what understood was the construction that
they gave to the law"
II understand the count just read seems to
be drawn upon that hypothesis"
~ understand so.h
ssAnd that was not the case, as you UNDER
stand 1T, TINT was presented to Judge Biodgett;
that Is to say, il understand you correctly, the
Judge informed you that there was talk OF iu-
dieting Mr. Hubbard for failing to return, say in
iuto his hands In cases during that year which
had been instituted or come before him i'll pre-
yious years?a
81 didn't understand that that question WAS
raised, sir, at all. At any rate it was not raised
in my presence. l understood from Judge
Blodgett. that the Indictment was based on t6is
hypothesis; that Mr.. Hibbard had made return
Of nis fees in all cases that had come before him
curing the year,-Lhat is, that had been COM
menced and presented to him during the yenr,-
1Yf+ that ha had not made rnr1rn-tf1Ht the
inference-of the fees in cases that had come
before him the preceding year"
Well. that was precisely what was getting
ar:n ,......,:.
to state that Judge BIodgett, during this con-
yersatfon, said to me that he had told Judge
Bangs to inform the Grand Jury Of what lis
construction OF the law had been, and that he
had given that construction to Mr.. Hibbard,
and had said to Judge Bangs that, if the jury
desired, they might come into court and he
would SO instruct them"
Col. Cooper-Do you remember about what
time it was you had this Interview with Judge
Blodgctt-what time with reference to the final
adjournment Of the Grand Jury:
ssI cannot. It must have been the close OF
the meeting OF the Grand Jury.''
1T was before the indictment was returned,
probably!:'
"oh, it must have been. However, that is
mere Inference"
II did. think it was tile first time that my
attention was called to this part of the law"
Col. Cooper-That is all.
Judge Drummoud said he would look over
the other counts If it was SO desired, but MIR.
Knott said it was unnecessary.
MIR. Goudy entered upon the cross-e1amina-
tion bY asking Judge Drummond what time
this interview was held with Judge Blodgett,
and the reply was that 1t was Immediately after
noon, he thought. II might have been men
tioucd at lunch. In TACT, he might say it was
mentioned to him, perhaps, before this inter-
view that it the Intention, as he understood it.
perhaps from Judge Blodgett, but he was not
certain from whom, that the Grand jury intend
ed to indict Mr.. Hibbard. He knew the other
Indictment had been found, and understood the
jury was giving general examination to MIR.
Hibbard's accounts and returns.f
.sYou examined this law" said Mr.. Goudy,
tread it, heard Judge Blodgett's reason, and
then stated to him that there was great force in
what he said!"
tYes, sir; think did SO state,''
ssDid you examine it sufficiently to see that
there was room for at lcast giving 1t the con-
struction which Judge Blodgctt had given it?'
Well, sir, may say that there was good
deal in the peculiar phraseo1ogy of the law
which thought sustained that construction Of
it. The words Of the law were dweit upon. In
the first place, will be observed, it says: The
number OF voluntary cases in bankruptcy COM
ing before him during said year.; then the
number Of compulsory cases in bankruptcy COM
inG before him. in the same way,-the language
being precisely similar. My attention was called