Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1880-08-18
NEW SERIES--V0L. 81, NO. 30.
THAT Paw VEMENT.
HON. JAS. Il. DOOLITTLE'S STATE
MENT or THE CASE IN WHICH
THE BRIBERY or JAMES A.
GARFIELD NON-sUITED
PLAINTIFF.
VERY PLEASANT CAMPAIGN
READING.

hhhDlNb
CHICAGO, LII, July 20, lSS0.-DEAn
SIR: Your letter of the 18th inst, is
duly received, in which you ask me to
send you 'the full text of the case ol
Chittenden VS.. De Golyer & Mcclellan
The declaration, pleas, demurrer and
brief, on argument are quite volumin.
GUS. They are not printed, and il
would be quite labor to give you o
full copy. With the assistance OF my
clerk ! will give you an abstract of the
case, and in quotation marks give you
some of the exact language Of the
pleas and the points submitted to the
Court. You will bear 10 mind this
case was decided five years ago and
all | know of the facts came to me as
attorney and counsel for the defend.
ants. But ! shall only state what ap-
pears upon the records, pleadings and
proceedings in Court. Respectfully
yours, j, r. DooLITTLE.
The following is u true abstract of
the case, so far as it bears upon the
action of Gen. Garfield
MAY TERM, lS75-BEFoRE FARwELL,
CIRCUIT JUDGE.-NO, 12,l8l.
State of Illinois, Cook County Circuit
Court:
George R. Chittcnden vs.. Robert Nc,
Clelan, ct al The Plaintiff by Il. A.
Store, Esq, brought suit against the
defendants, upon contract by which
they agreed to pay him one.third of
all the profits upon all paving contracts
which he would obtain for De Golyer
and Mcclellan from Boards Of Public
Works in Eastern cities. The decla-
ration alleged that he obtained con.
tract for paving 100000 square yards
from the Board of Public Works of the
District of Columbia at $3.50 per yard,
when it would cost only s150 to lay
it down. That the profits would be
$3.50, 900, and the plaintiff claimed the
doiondants should pay him 500, 900, at
least, and he claimed a judgement for
that sum. Besides the general issue
The defendants pleaded in substance
the following special pleas
First--That the contract was void
on its face.
Second-That il was obtained by the
plaintiff by improper influences -
against public policy, and therefore
was void. Among other things the
second special plea set out "that then
and there, and while the matter was
pending and undetermined before the
said Board, he (the plaintitf) did pay
to one Richard G. Parson a large sum
of money, to wit; The sum Of ten
thousand dollars, he then and there
being an officer Of the United States,
to wit Marshal of the Supreme Court
to apply to said Board, and the indi-
vidual members of said Board, to OBJ.
tain the award of said contract and
also then and there did employ, or
caused to be employed J. A. Garfield,
then and there a member of the House
Of Representatives, and Chairman OF
Committee on Appropriations of said
House, to appear before said Board,
and before the individuals composing
the same, to solicit and urge upon said
Board the award of said contract, and
in consideration of said employment
and service and official influence then
and there rendered, the SAID plaintiff
did pay, or cause to be paid, Illegally,
improperly, and against public policy,
large sum of money, TO wit; The
sum Of five thousand dollars and then
and there, and in part by means there.
Of, the said Board of Public Works
were moved and induced, illegally, i'm.
properly and against public policy, to
make the said award, which said award,
amongst other things, contained the
following clause or condition, viz;
"'An additional amount Of $4,000
square yards will be awarded you (thC
defendants meanlng), 80 soon as the
Board are reimbursed by the General
Government on acoount of eXpendi.
lures around the public buildings and
grounds, or you (the defendants mean
ing), will be allowed to lay II this
season If you can wait until an appro
priation is made for this purpose
(meaning an appropriation by Con
gress), at $3.50 per square yard Anc
the defendants aver that then and
there, and by the terms Of said aware
of said contract, $4,000 out of the 200,
900 yards so awarded were made Il
depend upon future appropriations o
money to be made by Congress thai
then and there, by the usual course anC
practice of the House of Representa-
tives, all bills Tor such appropriation
would be referred, and reported from
the Committee OF Appropriations, o
which the said Garfield was q member
and the Chairman thereof--the sale
plaintiff, and the said J. A. Garfield
and the said Board of Public Works
seyerally then and there well known
ing that the said J..A. Garfield did
could and would, from his official posi-
ton, exert q potent influence in pro
curing such appropriations by Congress
for the purpose mentioned in saiC
award and the defendants say, tha
by means OF the said promises, the saiC
award of contract mentioned in th,
said declaration was then and iher,
illegal, improper, against public policy
and void. And this the said defendant
are ready to verify wherefore they
pray judgment If the said plaintiff
ought TO have or maintain his aioresait
action against them.
Third In another and furthe
special plea, the defendants, amonl
other things, allege as follows:
That some time in the latter part o
May, 1872, and while the Congress o
tho United States was in session, ant
before any appropriation for that yea
had been made by that body for i'm
provements in the streets OF Washing
ton, in the District of Columbia, tht
plaintiff then and there represented L
TO the said DeGolyer and Mcclellan, tina
through one r. O. Parsons, (then Mar
shal of the Supreme Court OF the
United States), he had secured the in
iuenco of General James Abraham
Garfield (then Representative in tn
House of Representatives in the Con
gross Of the United States, and Chair
man of the Committee on appropria
tions of the said House of Representa-
tivcs), TO be used in behalf OF the saiC
DeGolyerand Mcclellan in heapplica
ton for paving contracts from th'
Board of Public Works Of the Distric
of Columbia that by letter dated a
the Arlington House, Washington, D
c., addressed to said DeGolyer and Nc
Clellan at Chicago, aforesaid, he stated
among other things, that Col. Parson
had arrived that the influence of Ge