"My dear Sir,—I was compelled by what seemed for the time to be the most urgent of my many duties, to remain in Albany a little after the diligent chairman of the judiciary committee had resumed the investigations held in this city. In that interval, Mr. George Ticknor Curtis thought it pertinent to the defence of Judge Barnard to introduce certain statements concerning me from Mr. Jay Gould. It happened, also, that the examination on this topic was conducted with so little art—or with so much art—that it totally failed to elicit the complete or substantial truth, and did produce, in practical effect, a mere falsehood. It happened further that, although the investigation is not public, the testimony on this point appears in this morning's journals, with an exceptional fulness.
"If I had been present, I presume Mr. Gould's testimony could have been developed so as to render any further statement to establish the exact truth unnecessary. But as it was not, the series of accidents—such I will assume them to be—that have falsified the transaction, will excuse me in asking you to state the truth which is peculiarly within your personal knowledge.
"The Herald report is as follows:
"'Q. Did you employ any other counsel beside Messrs. Field and Shearman, in behalf of the Erie Railroad?'
"'A. I employed several others.'
"'Q. Who were they?'
"'A. I had John Ganson, of Buffalo; Judge Diven, of Elmira; and Samuel J. Tilden, of New York.'
"'Q. When did you retain Samuel J. Tilden?'
"'A. In the year 1869.'
"'Q. Did you retain him before this order was granted?'