Retraction of Reflections Contained in a Congressional Report, And Relating to a Case Prosecuted By E. Delafield Smith, United States District Attorney At New York, From April 4, 1861, to April 14, 1865. With the Facts And Documents

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E. Delafield Smith.
44 APPEKDIX.
It was far from my intention to appear as Ms accuser. Having mentioned that I had told Mr. Smith of this stoclc prior to the filing of Mr. Mudgett's information, I was some time afterwards subpoenaed to attend the committee at Washington.
My testimony was taken March 1st, 1865. It was brief, confined substan- tially to answering a few questions put -to me. No one appeared on behalf of Mr. Smith, and hence there was, of course, no cross examination. If pre- sent,
... Mr. Smith could have brought forward facts, some of which have since come to my knowledge, showing his exemption from all blame.
As the matter now stands, it would seem that Mr. Smith's refusal to pro- ceed, when I called upon him, was without good cause ; whereas, in fact, he had a substantial and public reason for the refusal, as will hereafter appear.
It would seem also, that his subsequent prosecution of the case, taken in connection with the refusal in question, was not open to fair explanation ; whereas, irlien the facts are stated, it is plain that Mr.


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