MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.
This motion is denied. The findings of fact on the first trial
in the Court of Claims have not under our rules any place in this
record. Those findings were set aside when the judgment thereon was
reversed, and the cause remanded for a new trial. On this appeal,
we consider only the findings at the second trial. The original
petition filed in the Court of Claims contained
Page 116 U. S. 404
by reference the letter of September 1, 1876. In the amended
petition, on which the last trial was had, this letter was omitted.
It is not, therefore, any part of the record on this appeal. We
decided on the former motion to send the case back for further
findings, that it could not now be brought here as part of the
evidence, and that it was not the proper subject of a special
finding. We see no reason to reconsider that decision.