Year: 1874

for trial. and OF which Bliss would thereafter have
charge During the consultation he received note
FROM Mr. Jayne requesting to see him. At the close of
| the consultation he said TO Mr. Bliss:


am going down the Custom house to close up,
suppose the heaviest case that has ever arisen In


this district the arrangement for settlement OF which


then The services of this Office have all been rendered,
aud suppose am as much entitled to the ices as II the
than should think have neglected other matters


for the purpose OF hurryDg the case to get large
half the fee.


Mr. Bliss much surprised, and said. after few
moments pause:


hound to tell yon that the will not be closed mp to-
day was Informed last night what took place At the
late hour and know is to be settled to-day They
not tell you whO-has been carrying water both
shoulders. think won't go down with you.


Mr. Bliss then left the office, and Judge Davis repaired
10 the CustOm-hOuse He went into room in the Naval
Office and found thelColector Surveyor Naval Officer,
and Jayne together Jayne said he wished to ask Judge
Davis about decisions made cOnstrung the statute OF
forfeiture. Judge Davis sald


am ready to give YOU advice, but wish il to be
derstood before doing so that will have fees and
part of fees In this case The fees II 10 TO
my successor whether the case is settled to-day or here
after


He then answered. une questions asked ana saId tnat
the in his opinion, was one in which no Jury would
ever give verdict unless by special direction Of the
Court that counsel for Phelps Dodge Co. press
ing the settlement and if they looked their own IN
terest they had better accept q compromise. He had
no consultation with Mr. Bliss IN relation TO the or
the fees, other than the in his Office He never
spoke TO him about the character OF the nor as
10 dividing the fees except above stated. He had
not at that time knowledge idea that Bliss knew
thing of the case, had claimed to have any inter
est in it whatever Judge Davis said that Bliss, that
morning dec 3 had privately taken the oath OF Office,
winch fact wholly unknown TO him. The custom
had been for the retiring Attorney appear court TO
the commission OF his and 10 move
that he be sworn No snit ever begun by Judge
Davis in the Phelps Dodge " Co. case No money was
ever paid 10 him. lie had received no money directly
indirectly hy or through any one. few days after
Judge Davis retired from the Office Of DstrctAttOrDey,
Mr. Dodge called at his house to have CONVERSE
tlOn about the case Judge DAVIS could not say
any thing counsel attorney, but he would
say 10 him. as he would to his own brother,
that they ought 10 contest the and fight IL
out to the end Mr.. Dodge at that time Explained TO
Judge Davis the that induced them TO let the
settlement so When Mr. Dodge requested Judge
Davis write letter. he looked further into the
and became fully satisfied that there had
been any intentional fraud.


Judge Davis proceeded to show how the error
committed IN the invoices and entries and the effect of
the law aud decisions Of courts in such eases, making
suggestions to changes in the law and as 10 the
proper mode Of asceraning actual intention 10 defraud
60 he determined by jury, and where actual fraud was
found hy jury the Secretary Of the Treasury should
have no power OfreVisiOn.


The statement is TO be continued tomorrow.