Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-05-17

NAY l6.-1xe United States V. Samuel 4. Gss. ~
aeur.-This important case was submitted -
jury this morning, in very iu1,ncssD ar. "I
ninoas-charge from his Homer Judge be"':
had" said the learned Judge in his exordisn' ~
tered myself at the termination Of the arenNes ~
counsel last night, that l should have se1 80 -
have made such clear and ssccint ssa.cnen. " te
msr;,s nc mi, ;m,ortsnt centrsv ery ~ should ma
terialy have reduced the labor which tne law mas ae
Waived upon the jary. For this PurPo:e, ass SI.
the whole Of last night to - IN. Evidence.
reviewed all the arguments, but N the morning
found that had made such small progress ina. my
labors will render you but very niue s nonn.sl /,
ening such case as this to call on you 10 Tree
your minds from any prejudice, personal OF Ponucai,
and expressly to guard yourselves from any
which might arise from the peculiar position oil the
scouting party. do not think that was 90 nsses-
sary as it was aatura, because in these cases the
United States always come lnto Court In tne same
way and possessing no more aavan,ases man pris.e
individuals. government, oil course, mest De ear :
ried On NV agents and all disputes must be carried
through, and ultimately adjusted on fixed principles
of law.
The claim in this instance is for large amount of
money which the defendant insists that he has paid,
and saws that the plaintiffs are in point Of fact, his
debtors By the act Of 1925, the power and duties OF
possibility of all contracts connected with the carry
ing Of the mail made to devolve upon him. This law
also applies to his deputies and for the settlement OF
their several accounts 1t shows how their accounts
limited and their inal results registered IN the De-
partment. The defendant took Office as Post Mas
ter of New York the first OF december,
1929 BY the terms ofthe act he was bound 70 rem
der his accounts quarterly, and within one month
after the termination of the current quarter. This
document was to be accompanied by certain eviden-
ces Of correctness, by mail way biiis, contracts
vouchers receipts and all these were TO be transfer
red 10 book of abstracts. The act then provides
for a certain mode of adjusting these accounts, and
for referring every dispute 10 proper officer, whose
l. 4 IN
however that had long ceased to be the practice,
to re-examine the way bills on account OF the eX-
IRENE labor and the Post Master General had per-
mted the practice of referring to the abstracts and
taking them as the evidence or the general correct
ness Of the post masters return he claimed more
than his due, charged less notification was for
warded TO him, and the matter either adjusted, or
finally referred te the proper ofhcer. PRIOR TO 1870
this would be the Post Master General but after that
time the law created a officer called the Audi
tor Of the Treasury of the Post Office Department,
whose decision TO be conclusive as II respected
the department.
In the transcript Of the accounts that will be sub
mted to you, find that the charges against the de-
PENDANT are classified into three distinct items.
First, hostages; second, cheques received for the
United States; and thirdly, monies paid to him for
the Of the Post Office Department from other
persons such Hamilton's loan, and similar transac-
tions.
This is certainly to be taken as conclusive evi.
dence in relation TO hostages received because il 10
ded by law that it shall be founded on materials
furnis he'd by himself 1t must also be taken con-
elusive on matters claims which he may have dis
charged, because they GENE from the same source,
and il was easy enough fer the proper officer to de-
dsce the right conclusion therefrom. All these
things are made evidence, bat other facts, which
they acquire extraneously, cannot be so made evil
dence for must be part Of the paper documents
which they acquire directly from him.
Ii certainly rs a great derehcusn oil duty Ter a
officer Not TO have regular set OF books;
but still the books are not evidence The department
NAV make up the statement from the abstracts, or
r "a nth~ fk.A he rA0m
are in a very confused and uncertain condition, IN
relation those multifarious transactions hsw-
ever, they submit docunentary proofs IN evidence,
they must be supported by other evidence than this
transcript.
In relation 70 the second class the defendant cannot
be made liable by virtue Of this transcript because
the law nowhere gives the Post Office the power 10
make bills send drafts for the Psrpose Of rails
ing money Still the transactions are not void in
law and the defendant mast be considered response
bic for what monies might have come into his hands
The Post Office has the right to employ its funds
a. what point Of the Union II pleases and to effect
this, il must resort TO drafts may concentrate its
resources here in New York; for il the postmaster
has TO pay here, at this point, he make his
sources available. Are they then bound always to
draw funds in haad when the returns are coming
in from day TO dayl The quarterly receipts OF the
city have been estimated TO range from $4,000 10
S66 Ooo per quarter, and shall il be said that the
postmaster was bound to wait menth il the depart
ment required the money every day or every hour,
conceded that the Post Office had right 70 en-
poy drafts cheques, aud IL this defendant raised
money thereon from banks or brokers, he held the
moaey for the department, and was boHnd to account
for H. THE also applies to the 3D. class Of cases Vow
the defendant has said that the Post Office had no
right this money, bat the rse Of law 10 that when
a man has received money for another, he cannot
round and say, you have ss right to this; but
he must show that some one else has prior claim,
which will excuse him from paying il over.
Ills Honor then took long and able review OF the
testimony from 800 foos Of notes and cited the law
that was applicable to such cases In conclusion, he
noticed the high character given to the defendant by
Dir Barry in his letter aud Of the
argu uent of the defendant himself respecting the
poverty of the department during the official career
Of himself, which might render II Impossible that
any very large balances ever suffered to
in his hands. His Honor said that was question
wholly for the jury for his p~t, he was free to say
that mputation Of fraud rested the defendant,
although wonderful laxity seemed TO have perva-
ded the department during the whole Of these trans
actions. Finally, said he, II is question Of ac-
counts and such probably submitted for deci-
sioa 40 Jury cf merchants; and if yeu find a bal
ancc Justly due to the defendant give ~ him. for II
will then be his right; sad il not, why you viii find
for the plaintiffs, and say for how mach
The Jury then retired, and al IL o'clock al night
had not agreed on verdict.
n. -. Mar-hai's Once.