Morning herald., 1839-05-07
u. y. Circuit Court,


chant arrested Saturday, charged with empting
to defraud the Custom House, was ordered to find
bail to answer the charge at the next term of the
| court The securities were himself in SI5OO and
two sureies in $3.50 each. Bail was Immediately
procured, and the prisoner released.
The Post Office ase.-The following gentlemen
were empannelled to try the issue between the Uni
ted States and Samuel L. Gouverncur, ex-postmastcr
of this city, viz
Lyman Dennison, John Pendleton, Anthony Chap
pell, Abm. r. Mesier, Daniel Oakley, Jas. G. Smith,
Theodore II. jenkins, Edwd. N. Tailor, Thos. S.
Nelson, Josh Lawrence, William Dubois, Benz. c.
Gale
Nine jurors not answering to their names, the
court ordered them to be fLed $s25 each.
The following distinguished members of the bar
were engaged in the cause. For the plaintiffs, b. +.
Butler ESQ, District Attorney, and - Hamilton,
Esq. For the defendant: Samuel Southard, -
Hall, Jesse Oakley, and Z. J. ingersoll, Esqs.
The District Attorney opened the on the part
OF the COVE rnment.
John Suiter Examined by the District Attorney
reside at Washington City and am employed in the
Auditors Office for the Post Office and Treasury
Departments. was in the Post Office early as
1918 and continued to be employed there up TO the
establishment OF the Auditors Office. From the 1st
January, 1929, was principal paying clerk in the
Pest Office Department. ! am familiar with the
mode of examining the Post Office accounts and the
errors if any corrected. They recorded by a
register and by him passed examining clerk tho
compares them with the PAM ing vouchers and
makes out list of the errors If any appear between
them. After the accounts Of the Department get
to the books from the Examiner, they used to come
uxder my supervision. The Post Office in Wash.
inston was burnt in December 1896. was there at
that time. number Of the papers were destroyed
At that time and some of the books The accounts of
the Postmaster Master General were mostly destroy
ed. The books were partly burnt in which the ac-
counts were registered, also the originals with the
vouchers that accompanied them. i am not ae-
quainted with the differences between the accounts
submitted by the defendant and those Of the Post
Master General know that the ac counts rem red
before the fire, had been examined and the difference
ascertained. The account of the lst Of October,
| 1896, may have been examined but had not got
the register. That Of the lst Of July must have
been passed The practice Of the Department was,
discovering any error, TO apprise the postmaster
OF the difference which existed and OF the nature and
amount Of the errors book kept, called the
book OF errors and circular filled up from that
book and sent to the postmaster
| Cress-eXanined.-l mean by contingent vouchers
the evidence of the payment OF the expenses Of his
office The postmaster in his quarterly returns used
to submit list ofthe cole of the letters
by him. and letters sent and Of postages post
bills and contingent vouchers the post bills and alb
stracts were not compared. The understanding vas
that the abstracts were made up from the post bills
themselves the pest bills inv oces OF the letters
received and paid here, and for which the post mas
ter was accountable to the department the errors
might be those of miscalculation or charges Of ex-
Pendit1re for which satisfactory proof was not OBJ
tanned Of validity. IL the postmaster did not ad-
NIT the corrections Of the department TO be eqai-
table, he would Of course reply that reply would
not come under my observation.
| IA document, partly printed and partly written,
was here shown to- and Identified by the witness as
one OF the accounts current alluded to.l
The District Attorney then read the document to
the court and jury.
Crosse xamnaii ion resumed.-The marks in red ink
are the errors discovered by the examining clerk,
and note Il as an error in the addition OF course
only speaking of the course of business when the
accounts passed through the department.
/ by the District Attorney.-Thcre are several
clerks whose special duty it's TO examine these ABB
stratt' and make corrections, as marked here.
BY Mr.. Hail. cannot say who is the clerk
now there have been many clerks; Mr.. Elliot had
the superiaendence Of that office and he is there.
| BY District Attorney-The accounts and vsuch-
ers spoken Of were subsequently destroyed by the
FIRE.
! District Attorney-If the Court please. will now
produce copy Of an original letter from the part
mcnt to tho decn dan and call the ot1er side 10
produce the originals for which gave them notice.
| MIR. Hall-They were destroyed in the great fire
in this city, and oer to show Il by the evidence Of
the defendant himself
Judge Belts said il was rather unusual to Of
fer the evidence of the defendant an excuse for
the non-producion Of letters which might serve to
prove the plaintiff 9 case.
The District Attorney then offered to the Jury
certified copy Of certain letters which he said had
been entered in the letter book, and which were
partly saved from the general confagration at Wash
ington.
| Mr.. Hall thought the learned gentleman had not
put the right construction the act of Congress.
In order t. save the trouble Of sending for. and
the risk OF losing public documents, Congress had
made certified copies of those documents evidence
In the Courts Of the United States; but he did not
suppose the Court would say that paper said 10 be
copy Of what the Postmaster had written 10 the de-
fendant cenld come under that classification.
Mr. Butler thought the short copy in the letter.
book might be taken the original and not the copy
| IL woula be highly incenvenient If the books were
to be transferred to Courts sitting at distance and
all these objections applied TO this much as
| any other.
| hIr. Southard said the copy came round in this
way A clerk took the accounts Of the Post Mas
ter, entered the and the papers now before
the Court and it would be seen, that with the memo
randnm of the errors copied by the clerk, and the
book itself is merely secondary. The true inquiry
is.can such copy of such a book be evidence i'm the
sense intended by Congress in such case.
The District Attorney having replied the Court
said they thought the words in the act were so intend.
ed to include all papers apperaining 10 the mat
ters in the department His Honor then admitted The
testimony under the exception Of the defendants
counsel
The District Attorney then read the paper which
disjointed abstract from various books pur-
porting to be copies of notices Of errsrs sent TO the
department.
Mr.. Hall said he thought the department ought TO
call = clerk and prove that such letter had been
written, and forwarded TO the defendant and then
ask him II that was copy thereof
His Honor said they would note Mr.. Halls objcc- |
tion.
Suter recalled by the District Attorney.--Fhe err
ror books were made up, and the accounts sent out
as quickly as possible after the examination. At
least, such was the practice Of the department The
time might vary when il would be forwarded to the |
Post Master Some clerks might send every day |
n of her, in "A mo N.