New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-02

oPiStoN.
The charge 10 this case a. anst the dep1nsnt th6.
b. vLhugy aid, ana assisted N toe iass m4kiog,
frsng 81 Coulter sIog, certain &c tn ates, recspis
or ~ ar writing, for the purpose O. ens5ing smother
ptrson or other pers q obtain receive from the
United States, OF some OF their officers agebts,
Gum OF sun % money IN violation Of sec. Of tie
sct Of March g. 1873 Sat a. l-rge, vol 3 p. ~
Il is cortcroed by the defense that the proper con-
sruc'i,n Of the ute Is ha, the words with intent
70 defrs I'd the UGted SAFES 10 subsequent clause
ouslify the words souve reci'ed b; sm q opinion
mat such not the proper construction, such would
Rot be the grsyuu a'ct resd!fg Of the section; taa
prc sion the subseqIet cans5 refers 10 toe oene
al Lt,eIifg such psp,rs rs above described, With
Intent 20 ceir,ud the United States kro wing the same
10 be fslse Sc" Aud tl!s yieg OF The cODs'rucnun
OF the ttciCn is confirmed by toe Circumstance that
10 subsequeut clause OF t0e same sect 10, without
sDy intervening period shere provision wac ma!e 20:
the C,rse Of irausnittirg forged document, vss
deemed Necessary 20 repsa, sgsin the words, Nth
intent TO ctfrsUd the lUlel States thus showing
that in the judgment Of the akers OF the az the
words With intent 70 cefrani the United States az
first uied orly qualified the words With watch they
stood imme dste.y cUuLec,ed.
L particu ars If the change are in substance as
follows. In 1871 the Department Of the Interior or
gsn zed an EXPEDITION 10 open wagon road betseen
FL Psso sud Fort lums, appointing James u. Leach
10 the command Leach spoke TO the defendant ahout
goI rs ,uter 20 the expedition. sud the ma'ter vas
in treaty between tlem, whea WOODS was offered
better appointment by Mr. Bpch, who WAS prep ,ring
Ia run the oyerlani uail % California. lie accepted
this appointment, ard vent to Memphis, lean, 10
contrary with Leach where Leach organized ora eN-
petition. Woods wss fauiil ar with msny OF the de-
tails Of the organisation, such as hiring men, buying
wagons and mules and. from his relation u Lsacb,
acyauced some money 10 different psrues on account
of the expeditions bat be lett Memphis before the Ell
petition started, to Nes-lork, went to Csltor-
Iia ard wss on his return overland in the course OF
bis employment by Buch when he met Leach am his
expedition at ii Paso.
nc Goyermeu, had appointed psymaster 10 the
yh G k-p accounts
the Gisburs emenis but this p>ymaser was detained
81 Dts Arc after the expedition started anu Old
rot r.ioin Leach till year Gfer. Leach wss thus
lett without any officer to msusge the morey affairs
Of the expedition 20 keep It's accounts. lie is net
an accountant himself and tee beet he could do was 70
select one Of tue lanoreIs OF the Company and 10 use
linn as an accountant Foe result was that Leachs
accounts were soon in disorder. The vouchers were
not Classified; the books we've not written up; and
the receipts and memoralds OF expenditures were
loose in his iaggsge.
10 the Department, and under the Government regua
tious he aIed t0at his drafts, which WAS necessary
70 draw for tee daily disbursements OF his expedition
would be suffered 70 go TO protest at Washington Tor
wsrt OF accounts.
Under these circumstances he accidentally met
Woods at FL Paso; Leach proceeding 10 the west
ward, WOODS on his return eastward and knoEtg
llat he was Elk ul accountant, he spilled 20 him as
eI TO assist him in STAYING his accounts, thai they
m CHIT be transmitted 70 the Department at w sshlng.
ton Woods undertook the td,k, ,l.d IN couple OF
his assistants, AID, with the aid of Leach and the
laoorer VINO had acted as bls clerk, made up his az
counts.
In doing this, four vouchers were prepared, which
are the subject Of the charge and which pur
port TO be Gig red, one by Sl4s III. H1udy one by
Charles b. Smith, one by Chses +. Whitcomb, one
by Berfor6 Il Co. None of these vouchers were
signed by the parties by whom they puI port TO have
be- en- senec. The signsture of Bedford Il Co. is sd
mitted to have been MADE by Woods, and is in his
natural hand riting There s some evidence tending
to show that We DE admitted that he signed Whit
comb name to the Wntconh voucher, and the sigma
ture is good imitation of {. +. Wntcomb's. THERE'S
DO evidence TO show Who signed the 5 NTH and Handy
vouchers but they were proved TO have been signef
by GONE enc OF the h1f above referred to who
were empoye ed at FL PasO in making up the accounts,
but by which oneis left uncertain.
Inov proceed TO examine the facts as 20 each of
those four vouchers Handy and Smith were labOrers
employed by Leach. The engagement was made with
them in Massachusetts that they should come 10 Mem
pbs and there connect themselves with the expedition.
Money advanced 10 them N New York 20 psy
their travelling EXPENSE some of il by Woods person
ally. Theycontinued with expedition till il reached
Little Rock, A.kaosas; there dispute arose bet seen
them and Leach and they ltff Leach psld them and
took PTS When the Ints OF these to
be examined by Woods al II Pdso he Informed Leach
az Other money which thsy oad received IN New1ork.
Thereupon Leach tOdW tn 1t NTH and Handy had
authorized him 20 ssn their nsmes to vouchers, any
once should be needed snd Woods msde up these
two vouchers, one for 18th and one for Handy,
which find on the es1euce correct in their sum
y
not correct in their specii atoms of the it, which
compose that total. AmOng the items Of money aid
one Of $50 adyancedtO Handy by Birch, ali anO-
ther Of $40 advanced TO bi n by Wood.. This OF
$50 enters into the aggregate OF the two vouchers
defendants brief 2. ~ This amount was thus al
vancei TO Handy and Smith TO pay their travel.
ing expenses To Memphis but they did no.
inform Leach that they had received It. In their
settle next with him they received from him all their
travelling expenses, and claiued from HIN $40, wager
from the time they left home, which he refused to pay
Ttey kept the so to satisfy this demand, to which
they thought thea sev,s eJrltled; and consider il
mssta,ement in material pot, that this 800 should
be irClQdod 10 their travelling expenses il lie in
Exhibits ard 1, and not be specified money paid
for wages from the time they lett home till their
rival at Memphis. Govern nent had right to psss
upon this clam. Lesch bad Tjectsd Il. II 10 not for
me TO determine whether toe D. pntment would have
allowed or rejected il But consider that G)vern-
ueJt hes been defrzuded 10 presenting 70 II a claim
which was doubtful, under the guee OF different
claim.
Some one signsd each of these two vouchers IN
Woods presence, with such studied imitation Of the
Signatures Of Smith and Han tns, the parties when
produced Witnesses, found Il difficult 10 distinguish
them from their genuine signatures
The fecte as 10 WhitcOuD ore similar; he was en-
poy.d by Leach aud rendered services and eIpen:ei
money in travelling u connection with his emp )ynsn
TIE total anoGLt Of the sum named in mis- has
been paid him by l. ecb bat the items which IN Axe up
PssO from conjecture, ana the signature OF &. +.
WhtcOu wss written Ia very close imitation u his
genuine Signature ard WhtcUnb tesiif les that Woods
ackpo sledged to MIN that he wrote 1t.
II il coItented on the part Of the defense that if
the som total Of each % the vouchers be correct it is
all that is CURED. But the language Of the statute
TO me- clesily TO require more tnan this. Ii
there be tslsty in tue items which make up the sun
total hold that TO be 6 fake making and this in
material and not merely technical p'iIt for deprves