Letter [?] to Judge Albert Estopinall, Washington.

Back to Search View Transcript
Document ID 9809073
Date 04-12-1911
Document Type Letters (Emigrants)
Archive B. O'Reilly
Citation Letter [?] to Judge Albert Estopinall, Washington.;Copyright Retained by Brendan O'Reilly; CMSIED 9809073
21462
                         Dec 4, 1911
Judge Albert Estopinall
    Washington, D.C.
My Dear General :
               I tried my very best to get to see you
before you left for Washington in order to explain to
you a matter in which I am very much interested, and
I regret exceedingly that pressure of business prevented
my doing so.
   The matter that I desire to speak to you about and
get you to assist me pertains to Doctor Andrew W.
Smyth.
   Doctor Smyth was appointed Superintendent of the
New Orleans Mint at New Orleans, La [Louisiana?] and
was holding this position when a fire took place in the
cashier's vault.  The treasury sent down some experts
from Washington, who investigated the matter, and on
proof collected indicted James Dowling, who was then
the cashier under Doctor Smyth.  Dowling was criminally
tried in the United States Court before Judge Boarman,
and the Government attempted to establish by experts,
who had collected the ashes, that the amount of money
said to be destroyed by Dowling was not in fact destroyed.
Notwithstanding this proof, the jury acquitted Dowling
of the crime and Dowling was left to go Scot-free.
Subsequently, the Government proceeded against Doctor
Smyth for the amount of money that Dowling claimed to
have been destroyed by the fire, asserting that Dowling
had abstracted the money, and that it had not been
destroyed in the fire.  The result of that trial was
a judgment against Doctor Smyth and his sureties, and
they were compelled to pay the Government $22,000.
You can readily see that the result of the two trials
in the United States Court that Dowling, who was guilty,
if anybody was, was left to go Scot-free, and Doctor
Smyth, an innocent party, was compelled to pay the
alleged shortage.
   Mrs. Smyth is the sister-in-law of Albert Baldwin,
Sr. [Senior?] and the aunt of Albert Baldwin, Jr.
[Junior?], and requested me to take the matter up
with you to introduce a bill for the relief of Doctor
Smyth, and by special appropriation to refund to him
the amount he has paid to the Government through his
bond, for the reason that the loss was not due to any
act of his, but the act of Dowling, who was acquitted
in the Federal Court on the theory that he had done
no wrong.
I enclose you a memorial which was prepared by Mrs.
Smyth and which is self explanatory.  Mrs. Smyth has
consulted with such eminent persons as Mr. Spooner
and others, who have said to her that they believe
that if the matter were called to the attention
of Congress, owing to the prominence of the Doctor
and his high ranking in the medical world, that
Congress would refund to him the amount of money
and interest which he was forced to pay under his
bond.  I shall be under many obligations, which
I hope to reciprocate whenever an opportunity
presents itself, and if you will prepare an [and?]
introduce a bill for the relief of Doctor Smyth
along the lines set out in the memorial enclosed,
and have it referred to the Committee on claims.
As soon as this is done let me know and Mrs. Smyth
will go on to Washington, as she believes she
could be of a great deal of assistance in getting the
business through, as she has been promised help from
prominent Congressmen.
   Please acknowledge receipt and send me a copy of
the bill that you will introduce, so that I may show
it to Mrs. Smyth.
  Mrs. Smyth had the matter up with Garland Dupre
during the last session, but I have said to Mrs.
Smyth that owing to the friendly relations that you
bear both to Mr. Baldwin and me that you would
take a more active interest in it than Mr. Dupre,
and I am, therefore, taking the matter up with you.
   Thanking you in advance for your attention to
the matter, believe me to be, with kindest regards,
            Very truly yours,