The daily gazette., 1880-12-27
CoNKLING's FEE.
FIVE THOUSAND DOLLARS FOR ONE
wRRk's ATTENTION TO tbs PHRLPs,
DODGE AND CO. CASE.


WEEKS ATTENTION TO THR PHELPS,
DODGE AND co. CASE.
"Gath," George Alfred Townsend)
has long article in recent number
Of the Cincinnati Enquirer, detailing
a conversation he had with Jayne in
relation to the Phelps, Dodge g. Co.
moity case, as revived by the Conk-
ling -Bayard controversy. Some of the
most interesting features of the con-
versation are here given
"Mr. jayne" said, SIS there any
basis for Tom Bayard's imputation
that ConklIng got any part of the mon
ey the Government took from Phelps,
Dodge g. Coz
eyes," said Mr.. Jayne, "he got $5,-
600 from the Collector, Surveyor and
Naval Officer as fee to be their legal
adviser in the case. He was perfectly
justified in taking it. 1t was the same
fee that gave Gen. Butler for advice
ia the same case-$5, 900. Arthur,
Cornell and Latin came to me and
asked me what | paid Butler, and |
said $1,000. They said they wanted
TO pay Conkling a fee, and would give
him the same"
''But l understand, Mr.. Jayne, that
,hey gave him $40, 900 instead of So
900. That, believe, is Mr. Bayard's
charge"
ii am not sure whether it was $5,-
900 1r $4,000" said Mr.. Jayne. II
have always understood it was $5, 900.
They may have gone So, 200 better.
Jayne said he was called upon by
Ethan Allen and Dudley Field, two
New York lawyers, who said a client
of theirs-one Charles F. Herve-bad
information to lodge against Phelps,
Dodge 8 Co., in relation to importa-
tions. He then continued
81 found that in their importations
of tin they had undervalued at from
sixpence to two shillings almost every
invoice, and had subtracted A per cent.
for cash payments, which vas contrary
to law, and also subtrao ed the freight
cl arges from the fastory to Liverpool.
This, also, was contrary to the regula-
tions. They had no right to any such
drawbacks. Neither had they added
the cost of boxing and packing the tin
plates. The total was $1,000 under
valuation, added to per cent. illegal
discount, the cost of freight to Liver
pool, and the cost Of boxing. COM
puted that the entire fraud amounted
to $50,000."
"Did you strictly follow cut the
re velations of the informer, Herve :"
at was fraud" said Jayne, "of
the most undoubted eharacter-fraud
with intent. No error of bookkeeping
but a systematic thing; and God knows
what the aggregate would have bS en- if
we had gone back over the whole pe-
riod Of rascality."
"Well, what did Phelps, Dodge &
Co. do?
"They Immediately hired numerous
and powerful counsel, at the head of
which was the FIRM of Fullerton 81 Co.
At the first meeting we had at our Of
ice, Mr.. Fullerton asked what the ag-
pregate of the ease against Phelps,
Dodge & Co. would be. / said that,
taking the cases had already looked
up, and averaging them according to
certain specimen cases, the amount was
$271, 900. Immediately they jumped
a. that figure, and said they would pay
it. l heard it said, however, by one of
them, that they would.pay $500, 600 to
settle the case"
CoNKLING's APPEARANCE.,
1t was at this time, Mr.. Jayne, sup
pose, that Conkling was called imp"
eyes. Conkling happened to be in
the city, and Mr.. Arthur, the Collector,
MIR. Cornell, the Naval Agent, and Mr..
Latin, the surveyor, thought that in a
case of such ( avity they ought % have
a LAWYER. Meantime / had telegraphed
to Lowell to Ben Butler to come right
on aud aovise me, and Mr.. Conkllng
said as 10 the case that in strictness the
s It'll ment proffered, of S271 900, was
not sufficient that the forfeiture would
amount to many times that sum, but
that he would suggest to the Secretary
of the Treasury to settle at the sum
had mentioned. We got the warrent
against Phelps, Dodge & Co., originally
from Judge Blatehford. As District
Attorney, Judge Davis was prominent
IN the consultation, and knowing the
prominence of the depredators, the Col.
lector and his two sociates took Conk-
ling for counsel, who was well informed
in the statuaay laws and Treasury
regulations"
"Well, when was the settlement
made ?"
'It was made during the month of
February, 1878, at the Treasury De-
partment in Washington. Mr.. Conk-
ling was present there fer the Collector,
Surveyor, and Naval Officer, and Gen.
Butler acted for me. They paid $270,
O0O.5O. Boutwell, objected at first to
take the money, claiming that entire
invoices in what were these fraudulent
parts ought to be confiscated and put in
the fine.".
show much did you get, Mr. Jayne?"
81 got $4,000, of which paid two
thirds 10 Field and Allen for their in
former, Charles F. Herve. l suppose
he paid them few thousand dollars as
his counsel"
"What has become of Herve, now ?"
"He is beggar, walking the streets
of uIghts."
"How came he to get down SO ?"
AN UNsoRUPULoUs WIFE.
Well; he took that money and went up
to New London, Conn.,, aud paid SILL
900 for house, which he purchased in
his wife's name. The rest he put in
nve-twenty bonds of The United States,
and gave Them also to his wife, who was
an American woman. As soon as she
got the house and the bonds she told
Hsrye that she had no further use OF
him, and he had to walk the plank. Then
he could get no employment in New