The New York herald., 1879-09-19
TILDEN'S INCOME TAX.
A Bill of Particulars Demanded by the
Sage of Grammercy Park.
sHIRKING THE ISSUES.
The Government Anxious to Examine the
Defendant Under Oath.

Defendant Under OATH
The long delayed motion on the part Of defend
ants in the suit Of the United States against
Samuel ]. Tilden came up for argument yesterday
afternoon before Judge Choate in the United States
District Court District Attorney woodford appeared
for the government aud Mr.. Thomas Harland for
AIr. Tlden. In making the motion for o bill of par
ticuiars Mr.. Harland read tho following affidavit.
sworn to by Mr.. Tilden:- m
MIR. TILDEN's AFFIDAVIT.
,hr he s the @ in On s $ "Soys S n @
April 1877 that the action is brought t. certain
@ az, 1s sad yss &
that the said cause or causes OF action are al
%naes snH tho that defend
he /. ignorant Of the claim made
him said that it is necessary and nstsris 70
pArticusrs thereof ~ he advised by his counsel and
psarsd In action, th. the by
Srsss Of his S. G Or the d o.,
is that With reference all terms Of this Court
be brought to trial.
ARGUMENT OF DEFENDANTS COUNSEL.
After reading the affidavit Mr.. Harland gave
vssums of the various motions. applications and
guments made and had in this protracted
litigation He denounced the action Of the govern
ment in filing bill Of discovery as a sinister
move to draw from the defendant something on
which to base the whole proceedings In the matter.
1t was fishing excursion, he said In which the
government was engaged. He recapitulatcd the
various delays which had been obtained by the gov
ernment to put Off the trial for peculiar of
Its own-a trial which the defendant had all along
been anxious to bring to result. When the case
was last up for trial counsel for the government.
hc said. pleaded for delay on account of pressing
engagements tho absence of other counsel for the
prosecution and the absence Of Judges the real fact
being that the District Attorney not desirous
enter then on the trial of the
AFFIDAvITs IN THE CASE.
In opposing the motion on the part of the govern
ment District Attorney Woodford opened his case
with the following affidavit. signed by himself. aud
which was read by him. sasr M
Stewart L. woodford. Attorney for tho United States
S NO. III PSsep
have considered in determining what defendants
has nled b Of discovery the Circuit behalf
ef the United States TO compel the defendant to make
pending unansworod in said Circuit Court.
A second afidavit Of Mr.. wood,ord was Us fol-
lows:-
In about the month Of September 1873 deposition
do bene OF William wesmore taken under the
rha%ss f Hi as'ss
IS counsel for the defendant Samuel j. Tilden and
many other occasions since tho commencement Of this
On sd said for ss
several books Of and testified
material and necessary to the Of the plaintiff in this
@ ia' The 4yd r while the
Of being sGped and for Sss Of ants
notary suddenly strange who
$ n
ssod Criminal the United siatos for ono
Of the districts Of Michigan for the crime Of
sSs b 10 said ds S .s sna %
pay hne punishment for the offence.
PLAINTIFP's BRIEF.
District Attorney Woodford then read the follow
Ing brief in opposition to the motion for bill of
PARTICULARS
lars Is inheren independent Of statute in all Of
superior jurisaieten and Il may be sAsresed in
the Is not entitled to bill matter of right
the sound discretion the Court to determined by the
eonsiders.on of AL circumstances Of tho case: =
bill Of particulars should be granted IN this case
sfere%ee to eaeR Of the ssoms years hs defendant
n pso me- ana one w hs s Ss o" and in
recover the taxes on such excess Tho defendant there
that he ignorant Of is how much she plaintiff knows
a Inc s the % $ uha %
the plaintiff from calling tho defendant AZ the trial to
proved and might operate practically defeat ths
sa G Sese ss the the s
recover unpaid income plain that
they possibly within plaintiffs
Il s possbe S s Sa Court ne
ing this molten deprive the Of the bsns, q
@ The deiendant appeared 20 the action and pleaded an
more than two years ago. lie now for the first time asks
for tcuas giving no other excnse for the delay than
could brought trial any prior torn. Is
el The affidavit is insu icien Il deny
aSs ndans knows wha. the item. c his for
tho p.r,ieuIars q tho claim made against him in said
par.,saa Items q his @ which had come
e. 'ss "sS''fss ~ % tho ana ".s .Gs%
sSsy as s iS the % o Sns Tho
cation should be denied because by his
Ia hs S % 10 S
income Finally In the nature Of things is practically
ss % hs
eonsse plaintiff item. that E.ss Sssa sssovsrS
.nd n =. 70 In any uen
ARGUMENT COUNSEL FOR THE GOVERNMENT.
District Attorney Woodruff, after reading his BRIEF
In Office by Aling very lengthy bin OF complaint
By consent willingly gwen. the defendant had am
pie time given him to answer. the answer being
finally served on the 21st OF the Following june On
the 1lth of July he demurred TO so much of the
answer as pleaded tho assessment a. Anal bar to
the claim or the government. That demurrer
set down tor argument on the 10th OF November,
1877, and from that time till the 10Th Of January,
1873 this argument repeatedly adjourned at the
request OF defendants counsel. Counsel has criti-
cised tho for alleged failure prosecute
the action, criticism which was altogether unjust
and unfounded
Judge Choate-The Court did not so understand
counsel. N4a eA
Mr.. Harland--I merely called the attention OF tho
Court to tho fact that the OF the government
would not be injured by the delay asked for.
Counsel then proceeded to comment on the va
rious dilatory motions interposed by tho defence In
tho trial OF the He said should this applica-
ton be granted. Il would prevent the government
from putting Mr.. Tildcn on the stand and giving
him an opportunity to swear before the Court and
the country just what his income was for those past
years and what 1t not. For this bill of particu
lars. II granted would seal the mouth OF the only
man whose evidence will either clear or condemn
himself Grant the application and the govern
incnt Will be practically prevented from calling
on the defendant ut the trial to prove
his receipts OF income for those years,
which cannot DO otherwise proved. This would
be the ostensible object OF less conscientious and
less distinguished defendant than Mr.. Tildcn. His
broad proposition WIS that the government. having
ascertaou the round sum the defendant owed ne
incolnn tax should be ut lihertx athcr cxiacncc