The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-03-12
ARsTRAcTEp PAPERs.
AnAWeF OF the Attorneys TO Ihs Rules Is
Hued By Judge Jackson Day Before Hes'


aued By Judge Jackson Day Before Hes.
lerdRy-A Complicated Case.
On Thursday morning when It was an
nounced in the United States District
Court that certain papers and part OF
deposition had been sbstracted from q file
in the case Of Chas. A, Reed, bankrupt,
the inquiry arose as to how 1t had hap
pened and who was responsible. The pa
pers having been in the custody Of attor'
neys :, E. McKsnnan and T. ]. Hugus,
Judge Jackson ordered rules to be Issued
Tor the above named gentlemen, returna'
BILE yesterday.
When the matter was brought into
Court yesterday morning Judge Jackson
commented on the affair, stating that 1t
was very serious matter and should be
thoroughly investigated, He said he
thought It very strange that papers Of that
kind, OF vital importance to criminal &C.
tom pending, should take legs and walk
of and no one know where they had
gone. ..,,
he was ready to answer the rule againsts
him, and asked the Judge II he should
proceed to read 1t; -, $50, o.,
Mr., McKennon then produced q paper
and read his reply, which was as follows;
$50 The rule served upon me March IL,
to show cause why should not be fined
and attached for failing to produce the
papers in the matter Of William Handlan,
bankrupt, answer that was never called
on TO produce those papers, and that |
have never had them in my possession or
under nv control. l, therefore respect
fully aak that as to me this rule be dis
ii understand, however, that the papers
in relation to which 1t is sought by this
rule to obtain information, are some
papers in the case Of Charles A. Reed,
bankrupt, and will here state what
know about those papers. am solicitor
for eaid Reed; filed bis petition in bank
ruptcy and obtained an adjudication tor
him.
Numerous proofs oil debt sgalnst him
were filed, and number Of those who
fled proofs assented To his discharge
Among Others William Philips filed q
proof Of debt for $15, and assigned hls 20
sent 10 Reeds discharge. Alter the assem-
OF the creditors had been filed, the deposl
tions OF some OF the asserting creditors
were taken by X, g. Barr, ESQ., Reeds
, assignee in bankruptcy, and Alfred CaId
well, Esq, on behalf Of some Of the credi
tors who opposed Reeds discharge, l be
lieve among others the deposition Of said
william Philips, who, upon his eXamina
tisn, EatIy contradiCted his affidavit TO biz
proof OF debt. What occurred in Court 81
the last term by reason OF this double
swearing ia doubtless fresh In your Hon
or's recollection.
/ have had the papers In the Reed
case In my office for some time past | dc
! not know certainly how long, They were
on a desk under some other papers.
have not noticed that they we're ever dis
turbed, but within the past few days Mr.
Barr, Mr.. Caldwell and !, In looking ovel
the papers, discovered that the proof o.
debt, filed BY Philips, and his deposition
were missing from the file. ] had not ex
|. amined the papers for perhaps severa
months before this. When ] last looked
. over them these missing papers vert
among them, and their loss was not KNOW
: to mo until the other day. l have, since
the discovery OF their loss, searched anC
: inquired diligently Tor them, but have
I been unable to find them or hear o.
!, them. | desire 10 say. further
that l have never been called upon
to produce these papers. Mr.. Hugus, ani
believe all parties interested Ia the pa
pers knew where they were, and ] have
always been ready to produce them. Mr.
, Hupusl office and mine are adjoining
offices, and neither Of US has Q safe, Sc
Z that as far as the safety Of the papers ID
: CONCERNED It makes little difference
whether they are in his office or mine. Il
these missing papBrB were Btolpn, doubt
less the thief first looked for them 10 Mr.,
HuRus' office as the place he would be
most likely to find them, and falling to
find them there continued bis search In
my Office. ,,.
!; ''In conclusion, will say that l believe
, no one more heartily regrets than do the
/ loss OF these missing papers, and that nc
one will do more 10 aid In bringing to JUS
tice those who In this case have outraged
justice and In yindicating the law which
has been grossly violated"
Mr.. McKennon added that be had nc
doubt 10 regard to the motive for the alb
> straction OF the papers. They peculiarly
affected Justice Philips, and be was In,
terested In their suppression. He would
not say that Philips abstraCted the papers
. In question, but he would affirm that he
thought lie was capable Of doing II.
Mr.. Hugus then read his answer to the
rule against him. The first part Of his re.
ply substantiated the facts set forth In the
answer OF Mr.. MCKennon, and continuing
hiareuponse set forth the following. "The
respondent further states that he has
made diligent search for the missing
papers but without avail, and that he does
not know by whom such papers were abb
straCted. Mr.. HuguS states further, how
ever, that circumstances show 1t was an
Intentional and meLhodiCal abstraction oil
the aforesaid papers and not an accident.
al loss--the disposition being taken from
the middle OF q large bundle oi dispositions
OF other witnesses In the cause, fastened
together at one corner by an ordinary
paper fastener, and with the deposition oil
said Philips were taken parts OF the depo.
sitions oilw0 other witnesses Immediately
preceding and following the deposition Of
the said Philips"
JUDGE JACKSON IemATKeu tnRt tne missing
papers sustained the charge against
Phllips Of double swearing. He would
not, Of course, say that Philips abs!racted
the papers, but added that he would
mako the party feel the full penalty Of the
law II he was discovered. He then
directed the attorneys to make affidavit OF
their recollection OF the matter contained
In the missing documents, and iurthet
directed the Prosecuting Attorney 10
present On indictment for perjury sgainst
William Philips, and present the same 10
the grand jury this morning for their con.
sideration.