By the CHAIRMAN: Q. You have stated that you had something to do in securing the appointment of Mr. Brewster as special counsel ?-A. Yes, sir; Mr. MacVeagh asked me to see Judge Black and I wrote or telegraphed him and he came here. There was some talk about employing ex-Senator Henderson, of Missouri, and different other persons, but Judge Black strongly urged the employment of Mr. Brewster. Q. Then it was partially on the recommendation of Judge Black that Mr. Brewster was employed as a special counsel in the cases?-A. Yes, sir. Q. Was there any employment of this kind tendered to Judge Black?— A. No, sir. I suppose he thought the Government could not afford to pay for his services. By Mr. MILLIKEN: Q. Do you mean Judge Black ?—A. Yes, sir. I suppose he thought so at that time. By the CHAIRMAN: Q. He certainly would have been willing to have been retained on the basis of the fees subsequently paid ?—A. Well, I do not think he ever received many such fees, although I am not quite familiar with the fees he did receive. Q. Are you familiar with the fees charged by attorneys in importaut cases?-A. Yes. Q. Do you know whether any of the persons who were special counsel for the Government in the star-route cases appeared as counsel in Washington for private individuals at the same time they were charging for services to the Government?-A. Mr. Bliss did. Q. In what cases?—A. On behalf of the national banks. Q. State what services he performed in that line, and at what time.— A. I do not know what services he performed. I simply know that he was attorney for the national banks, and that he appeared before the Commissioner of Internal Revenue in their behalf. The question was whether the banks should pay taxes for the fiscal year ending June 30, 1883, a question involving $4,500,000. Q. Under the repealing clause of the act of March 3, 1883, known as the "tariff law"?-A. Yes. Q. You say he appeared for the national banks in that case?—A. Yes, and won his case too. Q. That was, resisting the collection of taxes between the time the act took effect and the 1st of July thereafter?-A. Yes, sir. Q. There was about $4,000,000 involved?-A. I think so. Q. Do you say that during that time he was also employed as special counsel by the Government in the star-route cases?-A. He charges for his services. By Mr. MILLIKEN: Q. Rendered at that time? By the CHAIRMAN: Q. What bill that he has rendered covers that period of time?—A. The star-route trial was going on in June, 1883. It closed some time in that month, and Mr. Bliss was employed in the star-route cases at that time. Q. Was that the time he made the argument before the Commissioner of Internal Revenue ?-A. I don't know what time he made the argument. You can get that from the Department. Q. Is there any other fact that you desire to state in connection with your services to the Government in the star-route cases?—A. No, sir. By Mr. MILLIKEN: Q. Do you think Mr. Brewster's fee was a reasonable fee?—A. I think that was a reasonable fee. He came here and spent considerable time, and delivered an able argument. I think it was quite a reasonable fee. By the CHAIRMAN: Q. What have you to say about Mr. Cook's fee of six or seven thousand dollars?—A. Mr. Cook ought to have had more money, I thought. Q. You did not think he was extravagantly paid?-A. Oh, no; he lost money by the operation. Q. He could have had a fee on the other side, I believe?-A. I do not know anything about that. Adjourned. WASHINGTON, D. C., March 11, 1884. WILLIAM A. Cook sworn and examined. By the CHAIRMAN: Question. Please state your name, age, and residence.-Answer. I am about fifty-nine years of age; my residence is Washington City, D. C.: my occupation is that of a lawyer, and has been since 1847. Q. Were you employed as a special counsel for the Government in the star-route cases?-A. I was. Q. Please state the circumstances which led to your employment, the services which you rendered, and the compensation which you received therefor.-A. Yes, sir. On the 10th of May, 1881, I received from the then Attorney-General this note: DEAR SIR: I wish you would call here, as there is a matter about which I desire to see you. Sincerely yours, W. A. COOK, Esq., 402 Sixth Street. WAYNE MACVEAGH. When I called in response to this note he stated to me that it was concluded to employ me as an attorney in the prosecution of the starroute cases. I said to him that it was somewhat surprising to me, and that it would require some time for me to consult and determine what I should do. I consulted with some special friends and finally concluded to accept the position tendered by the Government. In some mode peculiar to the press it was ascertained that I had been sent for for the purpose of being placed in temporary charge of the star-route cases, and the result was that a number of the defendants personally and otherwise called upon me and desired to retain me. They offered me fees at least double any that the United States would give me; but I finally declined their offers and informed the Attorney-General that I would accept the appointment. Q. Did they offer you a specific sum as retainer in defense of the cases!-A. Yes, sir; they did. Q. Have you any objection to stating the sum ?-A. I presume not. I was informed by one gentleman that I could obtain a retainer of $25,000. Q. What gentleman made that proposition ?-A. That proposition was made by Col. William P. Wood, acting for some of the defendants, whose names he did not mention at the time. I was offered money by Q. (Interposing.) You certainly knew whom Mr. Wood represented?— A. Not definitely, Mr. Chairman. I did not ask him. I had a conjecture as to whom he represented. I think probably he represented all who were prominently involved, including Mr. Brady and others, at that time. Q. Did he state the nature of the services that would be required of you?-A. It was simply a defense of those who might be indicted for star-route transactions. And I ought, perhaps, to state that, prior to that, a gentleman who is present, Mr. A. M. Gibson, called upon me and stated that there would unquestionably be an application made to me to accept service for parties who might be indicted, and that he hoped I would not accept any such engagement, at least not until I had seen him, and I did not. The CHAIRMAN. Proceed with your statement. The WITNESS. I received my appointment, as follows: DEPARTMENT OF JUSTICE, SIR: You are hereby appointed special assistant United States attorney for the District of Columbia to aid in the prosecution of certain persons charged with being con cerned in frauds on the United States in connection with what is known as the starroute investigation, at a compensation to be determined by the Attorney-Generawhen the suits are ended. You will take the oath required of district attorneys and transmit the same to this Department. Very respectfully, WILLIAM A. COOK, Washington, D. C. WAYNE MACVEAGH, On receiving the appointment I filed a copy in court and took the oath of office. Now, although it is somewhat personal and perhaps egotistic, yet in view of what I may hereafter state perhaps I should say, with your permission, that when that appointment was announced the Evening Star, the character of which you all understand, published this editorial : The selection of William A. Cook, concededly at the head of the criminal bar of the District, as special assistant attorney-general to take charge of the star-route investigation, shows that the Government means business in the prosecution of those cases. I should perhaps also state that I had at the time a very large civil as well as considerable criminal practice. In a calendar of five or six hundred cases I had perhaps about one-seventh, and was constantly engaged in my profession. I am a Republican. In 1869 and 1870, when we elected Mr. Bowen as mayor of the city, I became the attorney of the city, and when the new government was formed I was the attorney of the District from 1871 to 1874, by which I acquired a more than usual knowledge of the citizens of the District and of their true character, which was always beneficial in the selection of jurors. I at once entered upon consultations with Mr. A. M. Gibson, and together we arranged a plan of selecting the papers in the Post-Office Department, classifying them, obtaining reports from individuals who had been sent out to inquire into alleged accusations against different persons. The papers were largely scattered. We separated the various papers and placed them in envelopes so that they could be easily handled in an investigation. Immediately afterwards I called upon the President of the United States, Mr. Garfield. I saw him, by arrangement, early in the morning, perhaps between 8 and 9 o'clock. When it was discovered that there would probably be a prosecution of the star-route cases a contest arose, on the one hand, to prevent that, and on the other, to press it on. That contest existed sharply, and was pressed upon the attention of the President. In the interview that I had with him he made this statement: That the case was a delicate one; that it involved many who had been his special friends; that there was no small degree of antagonism in relation to it, and that while he expected me to act chiefly under the directions of the Attorney-General, he wished me to remember that he was at the head of the nation-the President-and primarily responsible to the people, and that I should take no final action without consulting him, but from time to time to make careful and condensed reports to him of the facts, and that for that purpose he would see me at any hour. I complied with his request. When I was leaving he added that he would prefer that I should regard the conversation between us as entirely confidential and I did so. Q. That conversation related to the star route cases?-A. Yes, sir; exclusively. He stated that he wished me to make a most thorough, impartial, and fair investigation of all the facts, and wherever they might conduct me to go, irrespective of persons. Shortly after that, in June, before we had prepared any cases, either by information or indictment-before there had been time to do it, as you will observe, because it occurred on the 23d of June-the attorneys of Mr. Brady and others went clandestinely into court and made a motion that the court order that the cases be taken up and proceeded with at once. That was on the 23d of June, 1881. My appointment had been made on the 1st of June. It seemed, afterwards, that they had given notice on that morning to Colonel Corkhill, then the district attorney, but who had no connection with the cases whatever, and who had formally so announced. Now, in reply to their letter and motion, I made this statement in open court: Now, if your honor please, let me say in behalf of myself, in behalf of the AttorneyGeneral, and in behalf of my brother Corkhill, and in behalf of the President of the United States, this: They occupy, at least the President and the Attorney-General, high and dignified positions. We intend to act in harmony with them. The President of the United States has assumed this position, and it may be regarded as anthoritative, if it will be pleasing to my brothers to hear it, that the investigation into supposed crimes and offenses against the postal laws of the United States must be pursued carefully, cautiously, and impartially; that no one must be presented to the grand jury for its consideration or investigation only after the most careful and thorough investigation, tending to show, when it is completed, that there has been probable crime committed. No rumors, whether in newspapers or elsewhere, must be accepted, but everything must be based upon what appears to be facts, and that in this investigation, so impartially conducted under the supervision of the President and Attorney-General, no one must be prosecuted from any personal motives; no one must be protected, on the other hand, because of any feeling of friendship, affection, or favor. Indeed, the high position of the President and the Attorney-General is this: that the United States cannot, must not, will not present any evidence before the grand jury until, after the most cool and tranquil and impartial examination, it appears to be requisite to do so to maintain the purity, the welfare, and the stability of the United States. If, after such an examination, it becomes necessary to present the most exalted citizens of the United States, or the humblest and the poorest in the walks of life, they should be equally presented. That statement was made at the request of President Garfield, that I would embrace the earliest opportunity that might be afforded to state the true position of the administration in relation to the cases. About the time of this motion he had gone to Long Branch. In connection with James Croggin, of the Star, I sent these proceedings to him, and upon his return he approved them fully and warmly. Q. Approved your remarks to the court as representing his views?— A. Yes, sir. I have now placed him in his true position, so far as I was acquainted with it. Q. This was just preceding his wounding?-A. Shortly before. This was on the 23d of June. I sent this paper to Long Branch. He had perused it there, and on his return I saw him. He sent me a message that he intended to go North in connection with the schooling of his children, and shortly afterward Q. (Interposing.) Before you proceed to that narrative will you explain more fully what you mean by the "clandestine" effort of the defendants to have an investigation or trial?-A. It was this: You will observe that I have stated that immediately after receiving my appointment I went into open court, Judge Cox presiding, and spread my ap pointment on the record, so that there was a formal record of my appointment. I then stood practically alone, except as I was connected with the case when this motion was made. Although the fact of my ap pointment was on record from the 2d of June no notice was given me of it at all. I was passed by, and, except for incidental information which reached me, the motion would have been taken up and presented and discussed probably in my absence. Q. What was the object of that motion?-A. It was to compel the Government to proceed at once and carry the case before the grand jury and have it disposed of. Q. That was the Dorsey case?-A. Yes, sir; that was the Dorsey case. In other words, its apparent object was to force the Government before the grand jury prior to its being properly prepared to present any case. Q. How did the defendants know that you were not ready?-4. They could only infer that from the fact that I had said to some of them— said generally whenever spoken to in relation to it-that as soon as Mr. Gibson and myself had the facts in any one case thoroughly and properly prepared for presentation to the grand jury I would endeavor to lay them before it. The CHAIRMAN. Proceed now with your statement in your own way. The WITNESS. I proceeded at once to make myself acquainted with the cases, and devoted my time, in connection with Mr. Gibson, chiefly, in the Post Office Department and in my own office, to the case down to the time of the shooting of the President. That necessarily suspended temporarily our labors, but after the first shock had passed away, in the course of a week or two, as far as we could we renewed them and continued to prepare the cases as fully as we could for presentation to the grand jury. By the CHAIRMAN: Q. How many interviews had you with the President prior to the shooting?-A. I think four. Q. Was Mr. James, the Postmaster-General, with you at any of these interviews?-A. At one of them. Q. Which one?-A. The one immediately preceding the shooting of the President. Q. When was that?-A. That was on Wednesday prior to the shooting. Q. Can you state what occurred at that interview?-A. The President had sent me a message-whether he had sent it to others or not I do not know, nor do I remember at present by whom-that he was about to leave the city, and that prior to doing so he would be glad to have a |