Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-10-05
SENATOR PALMER'S SUIT AGAINST
ROBERT /. FLEMING,
Colonel Fleming's Vindication by the
Court.


About one year ago Thos. W. Palmer, then
United States Senator from Michigan and now
minister to Spain, filed in the Supreme Court
of this District a bill in equity against me.
In this bill he swore to three grave charges:
% That 1 fraudulently conspired with his
architect to increase the cost of his dwelling
house, No. 1435 X street. in this city, the erec-
tion of which I superintended for him, from
the authorized sum of $40, 0OO 90 to the unau-
thorized and unexpected sum Of SS5, 100000
(2) That l obtained large sums Of money
from him upon false and fictitious accounts in
connection with this building, and that made
large profits for myself by commissions allowed
me by the men who furnished materials and
supplies.
90 That I so neglected my duties as superin-
tendent that extensive and costly repairs were
required for defective work.
When the time came for proof Mr.. Palmer
not only produced no witness to establish the
first charge Of fraudulent conspiracy but, when
cross-e1amined, abandoned it and confessed that
it had never had any foundation in fact. At
the same time he confessed that his third
charge was equally without foundation.
Thus there only remained for investigation
the integrity Of my accounts disbursing S42,-
943. 10 of Mr.. Palmer's money.
An investigation Of these, extending from
January IA to May g. 1889, was made under
the order Of the court BY JAS G.. Payne esq.,,
opportunity to produce all the witnesses whom
he desired to call and to cross-examine those
produced by me. The auditor then heard all
that this attorney had to say in Mr. Palmer's
behalf, and on July filed his report, Of which
print the conclusion:
'The evidence taken in this reference shows
generally
That Fleming actually paid all the moneys rep
presented by the Uouchers fled ,oithoa retaining or
''receicing any benefit ty ,cay Of rebate or commits
'sion.
"That the material charged and paid for ,oas
"delirered in and about the construction of the
"6ullding, and that the labor charged for ,cdS
similarly furnished and used.
THAT the prices charged are not excessive or
Unreasonable.
''The plaintiff in his original bill of COM
'plaint charges the defendant. Fleming, with
'making and presenting fraudulent bills and &c
''c0unts by means of which said Fleming. either
sSlirectly or by means of rebates commissions or
"percentdges, obtained from the plaintiff large
''sums of money to which he was not entitled
sand kept the same for his own use.
at Is due to the defendant Fleming to say
that NO EVIDENCE WAS OFFERED TO MAKE GOOD
'THEsE CHARGES OF FRAUD OR MIsREPREsENTA-
''TIoN on HIS PART, and the only issue presented
Shy the plaintiffs proof was that of extrava-
''gance in the selection Of material and the
''prices paid for it and in the employment and
payment of labor and other service.
objection is made to IL of the 46 vouchers
(Which tlemlQR presented 10 the plalNtln and
"for which he claims credit, and the integrity
"and accuracy of these are abundantly estab-
"lished by the proof.
in accordance with my conclusions as herein
expressed, have stated an account in Sched-
''ule A herewith.
"JAs. G. PAYNE,
Exceptions were filed to this report and last
week the better part of three DAYS was con-
sumed by Mr.. Palmer's attorney in support of
these exceptions.
On Monday morning Judge Cox delivered his
opinion overriding MIR. Palmer's exceptions
| and confirming the auditors report in every
particular. In his opinion Judge Cox consid-
cred in detail each charge made by Mr.. Pal
mer and he decided that all OF them were alb
| solutely unfounded. He further said that my
honesty and integrity had been completely vim
| dicated.
What wish particularly to call attention to is
| that Mr.. Palmer has, as Auditor Payne has
said, made no attempt to prove single charge
of fraud.
What position does this place him in?
IL had been young or an unknown bust
ness man here these charges, made by a man
OF his prominence, would have destroyed my
business.
What Justification had he for making such
| charges?
Since March, 1886, Mr.. Palmer has had in his
possession detailed bills for all material used
in his house and a time book giving the name
| worked
He could have learned by an hours inquiry
from dealers and workmen here in Washington
the truth about this matter.
He confesses under oath that he would never
have made these charges il his architect had
not sued him for his compensation.
My legal redress against Mr. Palmer will be
pursued at the proper time.
My object in writing this letter Is to give the
| same publicity to my vindication that has been
given to these false charges.
Respectfully, ROBERT I. FLEMING.