The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-11-04
TILDEN'S INCOME TAX.

MR.. JAMES D. COLGATE EXCUSED FROM FUR
THEIR EXAMINATION WITHOUT HAVING PRO-
DUCED THE BOOKS OF HIS FIRM.
The proceedings in the Tilden income tax suit
were resumed yesterday. on application of James u.
Colgate to the District Court that he be discharged
from further attendance. Mr.. Butler, his counsel.
opened the proceedings by reading the affidavit of
the witness which the order TO show cause was
granted. The affidavit set forth that the subpoena
duces tecum was served upon him in the proceed
ings within the past six days and required him to
produce the books of the firm of Trevor Il Colgate
before the Com missioner on Saturday last. Au adj
journment then taken until ten o'clock yester-
day. This counsel submitted, done for the
purpose of harassing the witness and consuming
his time previous to his departure for Europe to-
day. Mr.. Colgate did not wish TO evade avoid
any obligation resting on him. but invoked the pro-
lection of the Court. Even IL the books were in
Court he could lfot testify from them. because
none of the entries therein made by him.
Judge Choate assured that the witness would
return in thirty days. District Attorney Woodford
said he based his opposition this motion on the
absolute right to examine the entries. Judge Choate
by the District Attorney and expressed the belief
that 1t did not confer the absolute right to examine.
Mr.. Woodford proposed to read from the testimony
already taken in the case, but Mr.. Harland counsel
for Mr. Tilden nterposed and said he should object
its being read. II it used he should object
to it when offered the trial. The District Attorney
replied that from the evidence already taken it APP
peared that the witness firm were the agents of Mr.
Tilden in transaction in stocks in which Mr. Tiden
netted profit in the summer OF 1869 OF over
$500,000.
Mr. Colgate Gndignantly)-Mr Tilden had no ac-
to our books. nor had anybody ese and the
government cannot have access to them either
THE DISTRICT ATTORNEYS AFFIDAVIT.
The District Attorney produced affidavit recit-
ing general terms that about the time OF
making OF the lease or the Fort wayne railroad to
the Pennsy Railroad in 1869 the firm of Trevor
l. Colgate, or behalf of themselves and Mr.. Tilden
jointly, had transactions in Fort Wayne stock in
which each party melted about $500 .OOO and that in
December, 1869, a credit for that sum appeared on
the books of the firm in favor of Mr. Tilden. and that
Mr.. Tilden had uccess to such books.
Mr.. Butler texctedly)-Do you swear to that,
General woodford? That affidavit is not sworn to.
General Woodford (raising his right hand)--I
swear to it now before the Court.
Mr.. Butler-Mr Colgate will deny point blank in
his answering affidavit that Mr.. Tilden any other
man than the employees of the firm had access to
these books
Judge Choate asked if the motion merely made
to allow the witness to go on his trip to Europe
Mr.. Butler replied that all. The District At
torney said no would emphatically object to the
witness being absolutely discharged Judge Choate
said there was nothing before him to show that these
books could be used regarded competent
evidence in the The fact that agent made
entry in his private books could not make that
private books of the agent containing perhaps the
accounts of one hundred persons. Whose books
were they? We're they in any sense Mr.. Tilden's
books?
Mr. Butler commended the books were not evidence
and in any event Mr.. Colgate would not take the
books with him to Europe.
Judge Choate was clearly of the opinion that il
was competent for him to excuse the witness. The
right to examine him was not an absolute right in
dependent of any discretion of the Court. The wit
would be here probably long before the case
would be called for trial. He. therefore, made an
order dischargina the witness from further attend
ance but directing that he sign his dispositions so