Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1883-11-09

The Argus tries its hand this week at telling
the true story of Hon. H. II. wheeler's APP
pointment to be Judge of the United States
court for the district of Vermont. Mr.. At
kins enters into the matter in detail, and
"vouches for the truth Of the story" except
as his memory may have failed him on unim-
portant points He says;
The nomination of Judge Wheeler was
brought about by the united application of
Hon. f. J. Phelps of Burlington and Hon. E.
w. Stoughton of New York, as we happen to
know from the lips of one of those gentlemen.
We give the story word for word, as nearly as
we can remember it. Judge Smaley died in
the spring of 1877, in the early days of the
Hayes administration. The prominent can
didates for his place were Judge Poland and
Judge Barrett. Hon. b. +. Fifield was men,
toned by his many friends, who felt that his
great abilities fitted him for the position but
he was not in the field as the others were,
who each had recommendations signed by
members of the bar and conducted an active
canvass for the office, and he soon withdrew
| from the field. Although Judge Barrett's rep.
utation for judicial ability was Justly high, it
was generally believed that Judge Poland
| would get the place, on account Of the debt of
gratitude which Mr.. Hayes owed to him for
! political services While the contest was 60
| ing on, Mr.. Phelps and Mr.. Stoughton were
in New York. trying one of the celebrated
Emma mine cases, in which the late Trenor
w. Park was sued for an immense amount,
on account of frauds alleged to have been
committed by him in the sale of the mine.
We believe the trial took place before Judge
Blatchford, and that Mr.. Stoughton and Mr..
Phelps were on opposite sides. At any rate,
during the trial Mr. Phelps got word from a
| gentleman in Washington-Judge A. o. Adds
| that Judge Poland's nomination was immi
nent, and that if it was to be prevented some
thing unusual must be done at once. Mr.
Phelps and Mr.. Stoughton consulted during
the evening, and determined to go to Wash
ington in order to try the effect of personal
interview with those in authority. Counsel
were got together, and it was agreed that the
trial should be interrupted for a few days.
The next morning lawyers on both sides had
a private interview with the Judge, and in
formed him that they had important business
in Washington and when the court came in
he informed the jury that the trial would not
go on till a certain time-namng few days
ahead. Mr.. Phelps and Mr.. Stoughton went
to Washington, and, in company with Judge
Adds, called on the Hon. William NJ. Evarts,
who was their intimate friend. They stated
their objections to Judge Poand-we will
not repeat them; they were very personal
ones-and Mr.. Evarts admitted their potency.
For some reason it had already been deter
mined that Judge Barrett should not have the
office. Mr.. Evarts asked whom they had tc
suggest as a proper person. The name of
Judge Wheeler, who was then an Associate
Judge of the Supreme Court of Vermont
was mentioned, and approved by ALL Tn,
next morning Mr.. Evarts sent word to Sena
tor Edmunds, who was sick abed, where h,
remained for week, and asked if he would
have any objection to Judge Wheeler for Dis
trict Judge He said no. To his astonish
ment, when the senate met that day, com
municaton was received from Mr.. Hayes
and Hoyt II. Wheeler was nominated TO
Judge of the District Court of the Unitet
States for Vermont. Although Senator Ed
5 munds and the rest of the delegation iron
Vermont were surprised at the lack of cour
tesy in not consulting them and taking thei
opinion directly on the propriety of the nom
nation, yet no opposition was made, AM
} Judge Wheelers nomination was prompt.
, confirmed. 1t is true, as we understand il
= that Senator Edmunds had very little inter
s course with Mr.. Hayes; but it was not be
cause of the nomination of Judge Wheeler.