, 1879-02-02


| District-Attorncy Bangs was the next witness
and, in reply to Col. Cooper, testified follows
lie had been District Attorney about thre
years. He formerly lived in Lacon, Marshal
County. He at times presented cases to tn
Grand Jury,-to the last one nearly all.
tsDid you know, prior to the assemblin!
of that Grand Jury, that grave charge
affecting the integrity OF H, N. Hibbard
Register in Bankruptcy, and also J. A. Grain
another Register, were in circulation in thi
Judicial District"
II had seen report, l think, Of committee
and heard something As to Hibbarl. but don't
think l knew anything about Grain"
Ibid you bring either OF these matters be
fore the Grand Jury yourselfa"
4.Botll Of them. They We're presented to tht
Grand Jury by mel -.
s.By calling witnesses?"
"Yes-" ~.
"D:d you direct their attention to theu4".
II uou't know that did,
Estate the fact. Did yon or not?"
SHY recollection now is that the Grand JURY
drew up paper Guiding those cases, and some
bank cases, early in the session, and presented
tsDo you remember how this investigation
nto the b bsHkfnDtey r9pts %atseE came about
II As to tile first step that was taken BY the
Grand Jury,-the first steD toward investiga-
tion?''
ii think it was to call Witnesses"
:: In what way! Who called for them!'
certain witnesses, and had them summoncd.''
Witness said that Col. Cooper was. perhaps,
sent for at the instance Of the jury. He did not
suggest his name, or remember the kind Of q
subpoena under which he came. He remem-
bered meeting Col. Cooper at the door of the
room, and telling him be WAS called with refer
ence to tic bankruptcy matter: Witness re-
quested him to bring the report Of the Bar Com
mittce, aud the jury requested 4 copy apiece,
and we're supplied. Among the witnesses sum-
moned were Norton, Bradley, Aver, Judge
Lawrence, Judge Tru1nbull, and Rose.
stWhat matters with reference to Hibbard
were investigated"
stHis ALLEGED criminal acts in taking unlawful
fees was one, and making false reports at the
eud of the year was another"
"Do YOU remember about Judge Trumbull
being asked BY you with reference TO the max
lug Of false returns Of fees!'
II remember that Judge Trunbu1l was there
as witness TO the question of the construction
Of the nineteenth section Of the amendment to
The Bankrupt law Of 1874. think that was un-
der consideration"
u Who presented that?''
81 did myself"
atr. Knott-You asked Judge Trunbull to
rive legal opinion as to that?''
s:Thc question had been considerably -
"Apswer the question I just asked you,-n
,ou asked Judge Trumbull to give a legal
II Think the question was this: Whether it
vas susceptible Of TWO constructions!"
Ibid you use about this languagca LReading
rom manuscript Now, as we have the dis i
inguisllcd statesman aud jurist before us, / 4
would like to ask him whether there could he d
obstruction Of the law such as Mr.. Hibbard
makes and still be an honest man."
I. don't remember the question that I did |
SIX him, sir, but am satisfied that IL" was
stDidn't yon ask him that question, and didn't ]
c refuse to ln3Wer:'' |
:. don't think did,-not the question in that !
hape,"
1Did Judge Trumbu1I say substantially (s1r.
mott read again from manuscript, Judge, |
ont think that is proper question!''
- I think as to one OF the questions | asked |
I'm, lie. perhaps, hesitated, aud, possibly, de-
ined entirely to answer"
t'What question was that!
' It was question IN reference to Hibbard
ting under u construction Of the statute, ! |
link. dou't remember the form.'
IS Substantially the form / have given?' |
tt Possibly it might be. substantially. thiax
was running in that direction
- He frrumbulD considered that not fair |
l
~ think he declined to answer or hesitated."
IS And YOU repeated and pressed it upon lim!'
II don't remember now whether l did or
,t.''
= Do YOU remember Ills making such reply
this (reading1: If you waut me to answer,
must say think not. I don't think Coy
nmcnt officer has the right to construe the
" in his favor for bis own benefit. That is
e trouble with the country now'a''
ts He made some reply OF that general tenor
don't remember tue language. I think he
Id, possibly, there was some trouble
tn the country,-that officers were in
ned to put their own construction
the law, or something like that. II
mt to state right here that didn't cali any:of
ese attorneys myself, but WAS requested to do
By the Grand Jury"
Mr.. Lapham-Had legal opinions been re-
ested from other witnesses prior to Judge
11nbul on that question Of conztructions
= don't remember
s1r. Cooper-Had the clause in question, under
ich Mr.. Hibbard had returned his fecs-Sec.
Of the act amenaatory Of the Bankrupt law Of
iS-becn carefully considered by youl
i I had read the lew oveE.'' -. ~'.:-.
& Was this law considered. by vou with referItl
e to the Registers reports to the Clerk OF !
!: District Court,to be sent by him to the !
torner-General, showing the total amount Of |
3, charges, en- oluments and costs,ot every