The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-02-08
THE LATE POST OFFlCE DErALCATloy.
United States District Court.
Before Hon. Judge Belts.

FEB The United States george Laao and Getacls
A. Conorer-At the sitting Of the court Mr. Jolie the
accountant, recalled and examined by Mr.
Girard the manner in which he made the abstract
of accounts.
One of the jurors inquired if the government state
ment given in evidence and the statement would be sub
mtted to them when they retired Counsel both
consented.
Mr.. o'Conor read the following letter.
Posi- OFFICE DEPARTMENT,
Adjournment OFFICE, Sept. Q, 1858 (
SR-Referring to the letter of the FIRST Assistant Post
master General Of the 18th of July last am instructed
by the Postmaster General again to call attention
the fact that your bond under your appointment
rmatou Postmaster the 18th Of May last has
yet been received by the department This omission
just been made known TO the Postmaster General and
directs say that any further delay will be very
barrassng to HIM well as to the President
am, very respectfully, your obedient servant
ST. JOHN b. l.. SKINNER,
Acting First Assistant Postmaster General.
]. V. FOWLER, Esq, Postmaster, New York.
Cornelius Wendell examined by Mr. OConor-(Rough
draft of letter just readI think the last two lines OF
this draft in the handwriting of the late Aaron
Brown, former Postmaster General.
Colonel Peter g. Washington, who had been in the Post
Office Department under the Pierce administration, de-
posed that he knew the late Mr. John Maroon Third
Assistant Postmaster General. Trough draft produced
Several nterlneations in this in the handwriting OF
Mr. Maroon the superscrpton the back Of the paper
Postmaster General 1t is, al Mr.. Fowler Yesterday
and he told it should be attended to Of
hi aIreties returned home in few days. Ii. h, 22d
Sept, 49,
This closed the case for the oblijors TO the bond.
United States District Attorney Roosevelt then pro-
cecded TO the for the government He alluded
TO the appointment Of Mr. Fowler under the admnisra
ton of President Pierce On the 9TH May his first gross
deposit made Of IS 600 From that time various dc
posts were made, most Of the time regularly and
times not so-coming down to May, ls57-four years
after the first appointment his legal term having expired
Mr.. Fowler reapplied to Mr. Buchanan for reappoint
ment and these plaintiffs backed his application. They
subjected themselves to the amount OF $50 900 each that
he should faithfully perform the duties of his
office. What stronger recommendation Of his
character what more to be relied on than this
The last appointment made without the concur
renee Of the Senate they not being in session bond
was given from May, 1857, until possibly the adjourn
ment Of the next session, signed by Law, Conover
and Charlick. Fowler then under that appoint
ment till May 1858 the Senate then in session; his
appointment was then confirmed by the Senate. The
greater the amount Of defalcation the learned
counsel pressed against Mr.. Fowler, the bet.
ter II was for the government The greater portion OF
the District Attorneys opening up from
mems and tabular statements Of which IL impossible
give understandable consecutive abstract In the
Of his Of the jurors inquired tue
Postmaster bad BY law right to pay the expenses OF his
Office out OF bus receipsf
The District Attorney replied that he had.
The Juror-f he desires TO pay $4,000, can he do go
without vouchers
District Attorney-yes, he can pay the expenses, but
The Juror-If Tammany Hall assess him for 81 O0o has
he right TO pay II out Of the Post Office fandsS laugh
The District Attorney conenced that the government
could not b. charged with achcs the duty of
the government In all their multfarious business that
Office to inform those sureties hat the third
not affixed to the boni but IL the duty OF Mr. Law
and Mr. Conover to ast Mr. Char OK he had signed the
bond have asked Nr. Fowler IL II perfected be-
fore he sent II to Washington, yet they inquired
Judge Roosevelt then read the instructions Of tho de
arimeat 20 send two sccurit es, and that
reason Of the additional seals being sed to the
bond was because where the IL large, parties
prefer having the responsibility divided among
than two. He also submitted that Judge Hilton would
not have filed up the bond and handed 10 Fowler for
Transmission 10 Washington unless he believed a
lawyer aud judge that IL " a legal document che
District Attorney occupied nearly hours and half in
his opening lie then put in evidence tbs inskuctons
Mr. Fowler and several other documents bearing the
and referred 10 by him.
Mr. Girard also the part OF tho government, offered
in evidence the examination " Mr.. H0rauo King h rst
Assistant Postmaster General taken at Washington, in
which he sets forth Mr. Fower's appointment aud re-
appointment, and the bonds each time gwen b. Mr.
Fowler that the last bond by George law aud
Gutavus A. Conover for the OF S76 600 that when
ever there Is cause TO suspect that there
when an incumbent applies for reappointmcnt inquiry
into the accounts Ia made; letter from Mr. Marion,
dated May 2, 1857, notifying Mr. Fowler that the
master General requires 70 know why he had made
deposits on the 4th and l1th OF April.
The then adjourned 10 this (Fridayl morning,
al eleven oc.ock.