The record-union., 1896-04-25
SECRETARY CARLISLE'S SIDE.
His Answer to the Suit Brought by
William Graves.

preme Court of the District of Columbia
against the Secretary of the Treasury,
in which he claims that he was,
through the unlawful and hostile action
Of the Treasury Department officials,
prevented from securing 100000 Of
the recent issue of per cent. bonds,
Mr. Carlisle to-day filed an affidavit
showing his side of the case. The affi-
davit charges Graves with Withholding
from the court a full recital of the facts,
and with attempting to create wrong
impressions by false recitals, and by
garbling correspondence.
The main ground of the Graves COM
plant was that he did not promptly re-
ceive notice of the acceptance of his bid,
because it was simply directed to him at
New York, and by reason of the refusal
of the Secretary to extend time for de-
posting the first installment of gold he
was wrongfully deprived of the benefits
of his contract.
Mr.. Carlisle states that Graves bid
gave no address other than New
York.; that while in the body of the
bid he named two places for delivery of
bonds, he gave no special address: that
the acceptance was mailed in Washing
ton on February 9th, with the address
given at the head of his proposal, and
that this was received at the New York
Postoffice on February 10th; that pub
locations were made in the New York
papers, and papers generally through
out the country, on February 9th, show
ing the successful bidders; that Graves
knew on February 10th that he was
en- n fa1
10 the department on that day showing
this fact; that duplicate of the notice of
acceptance was sent as soon as he
wired his special address, and was re-
ceived by him February 11th, which
was four days before he was required to
make any payment; that on February
18th Graves made an application for az
extension of time, on the ground that
the first notice was misdirected, causing
a loss of two days, but stated distinctly
in such application that notwithstand
ing the delay he was prepared to make
his deposit on February 10Th.
Mr.. Carlisle's affidavit further re-
cites that Graves, after he had failed to
get an extension of the time for pay
ment, or TO get the bonds sent to New
York before payment, made a second
bid on February 10Th of 81 1872 for all
bonds that the Secretary might consider
ir default on that date, including those
awarded him on his first bid 1t is fur
ther charged that Graves filed as an ex-
hibit to his petition what purports to
be copy of letter written by him
February 10th to the Secretary, but
which contains statements which were
not in the original letter, and omits
statements which were.
The letter exhibited with the petit
ton, and what purports to be the origi-
nal letter, are printed side by side The
copy Of the original letter given in the
affidavit contains the following:
81 inclose to Mr.. Naylor the sealed let
ter from you that you may see because
Of this delay, caused by a clerical error.
| could not get my gold from the Bank
Of California, to whom I referred YOU.
until / produced the letter of accept
ance from you; then bonds went down.
and I could not collateral them at the
price, and 1 was on the market as a
borrower"
Again: DO not allow me to lose my
good name because Of my failure to
meet conditions over which 1 had no
control, viz: The drop in values after
your notice came to hand, but on the
other hand, give me what you are in a
position to do. In justice allow and be-
lieve me-"
Neither of these paragraphs appear in
the letter as it appears in Exhibit J of
the petition.
In regard to these statements. the
affidavit says: 1T appears from his
genuine letter that he could not get the
gold in the Bank of California until he
produced a letter of acceptance from
affiant; that at the time he received the
letter the bonds had gone down SO that
he could not use them as collateral at
the price he had bid; that he was on
the market as a borrower, and that
what prevented him from complying
with his bid was the drop in the value
after your my notice came to hand'"
The affidavit states that on the 10Th
Of February Graves was insisting on his
second bid, having abandoned his first
bid, and that the facts in regard to his
second bid were suppressed in his pc
tition.
The affidavit denies the statements in
the petition that Graves made a tender
at the New York Sub-Treasury on ac-
count of his allotment, and says that
never at any time was any tender made
by or for him.
All of the charges in the petition that
Graves was treated in any wise differ
entity from other bidders are denied, as
is the statement that bonds were sent
to the Sub-Treasury at New York for
other persons before their deposits were
made.
George Monroe Dead.
NEW YORK, April 24.-George Mum