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called, my office was closed nearly two months. After the first trial of Dorsey was over, I found my private business was nearly if not quite ruined; but I hired a young member of the bar to come and take charge of my office and try and save what could be saved of my business. If at that time I had resigned the Government appointment I would have been far better off. The second trial lasted till June of this year, so that from December till the close of the trial in June I never visited my office. Since then, with the exception of the month of September, there has not been a week that I have not had to come here for one or more days, rendering the balance of the week entirely useless to me. I have written to your twice before, giving you practically the same statement of my services so irregularly required. I beg leave to remind you that you have on more than one occasion informed me that Mr. Merrick was appointed to represent you in the cases, and he had charge of them. I have felt bound to come here when requested by Mr. Merrick, and to remain here when he desired me to remain. I have never remained here one day or one hour longer than was absolutely necessary.

Under some circumstances my charges might be considered excessive, under others they might not. My family has remained in Philadelphia, and apart from the great inconvenience of separation, the expense has been increased. I abandoned my business, but have paid rent and a gentleman to remain in the office, and it will take at least six months to regain what business I have lost, the great trouble being to convince people that I can remain at home to attend to their business. I have attended to every duty connected with the star-route cases and their trial, not only faithfully but without any display of a want of ability sufficient to excite comment or criticism, I have never been absent when wanted. I have performed the same services in the trials that the other gentlemen performed. I have devoted more time to the Government than either of the other gentlemen. I have been engaged in cases that neither of the other counsel have been engaged in. I have asked less, and been paid less money than either of the others. I have never rendered a bill that I did not at the time think, and swear, was just and true, and I now think the same. I do not desire to make any comparison between myself and Colonel Bliss, as his is an exceptional In the time I have been in the Government service. I have made no money outside, and have attended to no other business; other counsel have been more fortunately situated.

case.

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The bill I rendered to-day was for services actually performed for the Government. The amount I honestly believed to be reasonable, or I would not have stated it in the bill. It may be that I will be called before a committee of Congress to explain my charges, as Mr. Cameron says. To accept the amount of $1,200 approved by you for this last bill would not be consistent with my previous charges. I cannot present you with a bill claiming $2,280, and accept in full settlement $1,200. I could not make a satisfactory explanation if called upon to explain. I presented that bill in good faith. To accept the amount you allow would be to confess that I have attempted to overcharge the Government; that my previous charges were overcharges, and that my services are not worth one-half the services of other counsel. I cannot do this, and I therefore respectfully return the bill to you.

I am told that I must not return to Washington unless you send for me. I am glad you have given this direction, because it relieves me from all embarrassment in the future. I cannot afford to come here for one or two days at a time, unless the times are at long intervals, and with some regard to my own business.

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I am told that Justice Wylie will give a decision in Spencer's case on Saturday. I have asked Mr. Merrick whether it is necessary for me to be in court, and he said that was a matter I must judge for myself. I will leave Washington to-morrow (Thursday) afternoon, and will not return again unless sent for by you, and I will inform the other counsel of your instructions in this respect, that there may be no misunderstanding.

I am sorry, very sorry, this complication as to pay has arisen. You have been more than kind to me, and I value your friendship and esteem above all things, so that I hope you will not think less of me because I am not able to alter my nature. But of all things I must earnestly beg you, if you have considered that I have attempted to wrong the Government, as stated in the first part of this letter, that you will banish such thoughts from your mind, and give me credit for that honesty and integrity which I know you have never heard questioned. If you can relieve me from the cases, I again ask you to let me go. If you cannot do this, then I ask you, as I have before asked you, to fix some certain and adequate rate of compensation, that any future difficulty may be avoided.

I am, very respectfully, your obedient servant.

Hon. BENJAMIN HARRIS Brewster,

Attorney General of the United States.
H. Mis. 38, pt. 2-58

WILLIAM W. KER,
Special Assistant Attorney.

HOWLAND HOTEL, Long Branch, N. J., July 31, 1883. SIR: I have received your bill dated July 30th, 1883. By referring to the books of the Department, I find that you have received $27,627 within one year for services rendered. I submit to you that your charges are higher than ought to be presented. I have said, and frequently written, to all of the counsel in this star-route case that such great cases should not be made mere opportunities of gain; they are occasions of honor and distinction. Furthermore, it becomes all of the counsel to remember that their charges in these cases have been made the subject of criticism.

I will have to consider the subject before I direct the payment of this bill. I think it is too high. I think the amount for one year's services, $27,627, is too much; and upon reflection you will say so yourself. I have referred the matter to Mr. Cameron, and will advise with him on the subject when I return to Washington.

Very respectfully,

W. W. KER, Esq.,

BENJAMIN HARRIS BREWSTER,

Special Assistant United States Attorney, &c., Washington, D C.

Attorney-General.

Confidential.]

POST-OFFICE DEPARTMENT, OFFICE OF POST-OFFICE INSPECTOR, Hartford, Conn., July 7, 1853.

SIR: You favor of the 6th instant, asking for a written account of an interview had with General Garfield upon the subject of Mr. Cook's appointment as attorney in the star-route cases, is at hand.

I have a strong aversion to writing about parties with whom I was once associated, but in the expectation that this communication will be treated as confidential, I will give an outline of the facts.

A. M. Gibson was first employed at my earnest solicitation. After a time, through his efforts, Mr. Cook was also engaged. Gibson wrote me several letters (perhaps from New York) urging me to see the Postmaster and Attorney-General, and to press his retention. He argued that Cook was an able criminal lawyer, and, further, that from his intimate knowledge of certain sinister aspects of the courts in Washington, he could prevent the defendants from corrupting the juries.

My impression was that Mr. MacVeagh yielded somewhat passively in the matter to the importunities of Gibson.

After the employment of Mr. Cook was publicly announced I received a summons to the White House. President Garfield, in much apparent trouble, asked if I could explain how a lawyer of Cook's bad reputation came to be engaged in the case. I attempted to justify the selection on the ground that the Government would be obliged to procure portions of its evidence from the low and criminal classes, and that Mr. Cook's training and associations peculiarly fitted him to perform that part of the work. I also explained that post-office inspectors, in the performance of their duties, came down upon offenders from the outside, and that they lacked the peculiar experience which qualify one to unearth the doings of criminals in combination, or as an organized class.

Through some one Mr. Cook learned of the dissatisfaction of the President, and wrote him a letter in self-justification. This communication may perhaps still exist among the papers of Mr. Garfield.

I was present when Mr. Cook was first introduced to President Garfield. It was on the Tuesday or Wednesday evening before the assassination. He came by appointment to the Arlington Hotel, whence Postmaster-General James and I went with him to the White House.

The interview may have lasted half an hour. Mr. Cook plead earnestly that Senator Dorsey might be saved from prosecution on the ground of his great services to the Republican party. I remember that I modestly argued in reply that partisan services should not be allowed to condone crimes. The President listened patiently, but made no response to the plea for Mr. Dorsey.

At the same interview Mr. Cook further said that an agent of Thomas J. Brady had already attempted to corrupt him, and that as a measure of self-protection he had secreted a detective under the sofa in his office to be a witness to the conversation. This extraordinary avowal left a very unpleasant impression on my mind, as only a few days before I had defended the employment of Mr. Cook to the President, which I could not have done had I known that such was his method of conducting business. The memory of Mr. Cook must be at fault respecting confidential disclosures from

President Garfield to himself, as their personal acquaintance began only two or three days before the assassination.

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DEAR SIR: Referring to the interview with you this morning concerning the prosecution of certain persons charged with being concerned in frauds on the United States in connection with what is known as the star-route investigations, I desire to say that the long delay in the business of the criminal court of the District, occasioned by not having a marshal, has resulted in overcrowding my office with the work specially belonging to the criminal business of this District, and both myself and all my assistants are, owing to the near adjournment of the court, overburdened with work, among the cases, as I explained to you this morning, being many of very grave importance.

In view of the fact that these star-route cases are more of a national than a local character, and that according to report they involve a large number of persons, and will array in their defense, should indictments be found, many of the ablest lawyers in the profession, both in this city and elsewhere, and owing to the fact that the public interest in them is very intense, I do not feel, that, under all these circumstances, the whole responsibility of their management should be thrown upon me. I am well aware that your own duties will prevent your giving personal attention to the necessary details upon which successful prosecution must depend. I therefore respectfully request that, if consistent with your idea of the public interest, you designate some lawyer as special counsel for the Government in these cases, who shall have the management and control of them, and that the appointment be made at as early a day as possible, in order that the person selected may be able to prepare any indictments that may be presented.

It is not necessary to say that whoever you may appoint will have my active and earnest support and assistance.

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SIR: Having been instructed by you to make a thorough investigation into the recent operations of the star-route service, I have already entered upon the work, and find the labor so vast that I ought to have an assistant, to be supplied by the Department of Justice. He should possess both legal knowledge and skill as an investigator.

Mr. A. M. Gibson, of this city, has already rendered me great assistance voluntarily. He has in various ways acquired no small degree of familiarity with the methods and practices to be inquired into, and has placed his information freely at my disposal. If I may be permitted to express a preference, I think his selection would prove judicious. I mention his name in this connection to President Garfield, and he seemed rather acquiescent, though he made no decided reply.

Very respectfully,

Hon. THOMAS L. JAMES,

Postmaster-General.

P. H. WOODWARD,

Inspector.

(Indorsed:) Respectfully referred to the Attorney-General, with my earnest approval.-T. L. James, Postmaster-General.

DEPARTMENT OF JUSTICE,

A. M. GIBSON, Esq.:

Washington, October 22, 1881.

MY DEAR SIR: I do not know how it happened that no written statement was sent you of your appointment at the request of Mr. Woodward, indorsed by the Postmaster-General, to assist in the investigation and prosecution of the star-route cases, I certainly supposed it had been done at the date of their request, April 22, 1881, and I send you this note to certify that you were accordingly employed in these matters at that date.

Yours, very truly,

WAYNE MACVEAGH,
Attorney-General.

WASHINGTON, D. C., January 16, 1882.

SIR: I respectfully submit the inclosed bill for services rendered in the investigation and prosecution of the star-route cases.

As I have had no compensation since my employment on April 22, 1881, I trust you will cause an early disposition to be made of my case. Very respectfully, your obedient servant,

Hon. BENJAMIN HARRIS BREWSTER,

A. M. GIBSON.

Attorney-General.

WASHINGTON, D. C., January 1, 18-2.

The United States to A. M. Gibson, assistant attorney, Dr.

To services rendered from April 22, 1881, to date, in the investigation and prosecution of the star-route cases..

$7,500 00

WASHINGTON, January 28, 1882.

SIR: I desire to withdraw the bill I submitted a fortnight since and substitute the inclose. I do this at the suggestion of the late Attorney-General MacVeagh, who says he will cordially approve my bill for $5,000.

Very respectfully,

To Hon. BENJAMIN HARRIS BREWSTER,

A. M. GIBSON.

MY DEAR COLONEL BLISS:

Attorney-General.

DEPARTMENT OF JUSTICE,
Washington, February 2, 1882.

Now, when Mr. Gibson's account is to be paid, I wish to talk with you about his further retention and what it will be proper to detail him to do. Pray see me about that before you leave for the week.

Very respectfully,

BENJAMIN HARRIS BREWSTER.

[Telegram.]

CHICAGO, ILL., March 18, 1882.

Hon. BENJAMIN HARRIS BREWSTER, Washington :

Will call on you Tuesday morning. I, in mean time, will accept no retainer against the Government.

R. T. MERRICK.

DEPARTMENT OF JUSTICE,

Washington, D. C., March 28, 1882.

DEAR SIR: After our frequent conference upon the subject of retaining you to act on behalf of the Governmene in the prosecution of the star-route cases, I have concluded to invite you by this formal letter to accept the position in those cases which was occupied by me, and relinquished when I was advanced to my present position. As I have before said to you, it is my intention to continue in the cases, and be present in court, and take such active part as my other duties would permit me to do. I have, however, some serious misgivings as to my being able to be present at all times during the conduct of those cases in court. In view of that, Mr. Bliss will need the aid of some experienced colleague. It would be unfair to him to cast the whole burden of the cases upon him when I would be obliged to be absent.

He and I have conferred together upon the subject. As an act of courtesy and duty to him, I have submitted the whole subject to his consideration, and he has cordially assented to the proposed invitation that I now convey to you by this letter. Please therefore advise me by your earliest opportunity, in a formal way, if you will accept the appointment I now tender you, so that I may direct the proper evidence of authority to be furnished you, so that you may forthwith unite with Mr. Bliss in the professional performance of all the duties that are necessary to secure the prompt and energetic trial of these cases.

I am, sir, with great respect, your obedient servant,
BENJAMIN HARRIS BREWSTER,

RICHARD T. MERRICK, Esq.,

Attorney-General.

Washington, D. C.

[Merrick & Morris, counsellors, No. 1306 F street.]

WASHINGTON, D. C., March 29, 1882. DEAR SIR: Your favor of yesterday was received this morning. Since our first interview on the subject of my participation in the star-route cases as counsel for the Government, I have been seriously considering whether I could, in justice to other professional engagements, assume an undertaking which will be so exacting, demand so much of my time, and require so much labor. To reach a conclusion satisfactory to myself, it became necessary that I should look somewhat into the cases, and but for this I would certainly have given an earlier reply to the flattering suggestion you made to me some days since.

I have concluded to accept the position you propose that I shall occupy in the cases, as successor to that vacated by you on your appointment to the office of AttorneyGeneral, and will, in conjunction with Mr. Bliss, and relying upon you for such assistance as your official duties may give you opportunity to render, endeavor to secure for the cases speedy trial and a thorough investigation.

I am, sir, with great respect, your obedient servant,

Hon. BENJAMIN HARRIS BREWSTER,

Attorney-General of the United States.

R. T. MERRICK.

DEPARTMENT OF JUSTICE,
Washington, October 30, 1883.

MY DEAR SIR: When we first began to treat with each other upon the subject of your charges in the star-route case, shortly after you rendered your first or second account, you said to me-as I would have supposed and believed you would-that you would not embarrass me in any way; that you did not wish me to be disturbed upon the quantum meruit of your account; that you would rather reduce than advance upon your charges, if, in my judgment, they were inexpedient. Thus far you have been paid the bills as you presented them.

Your last bill, when it was sent to me, together with the account of Mr. Ker, were both laid aside for reflection before I would undertake to act upon them, and I advised you so, either by letter or directly, or by what was stated to you by Mr. Cameron by my orders. I advised Mr. Ker so directly. I do not propose now to consider the subject of the amount; that must be reserved for future action, as it is not a pleasant thing to criticize the charges of a professional gentleman retained by the Department, and I will not anticipate that disagreeable necessity now. But it is now my purpose to request you to render a final account for the services in the case of the United

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