Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1863-09-24
sTARKE COUNTY.


the Legislature in 1861. but which has
just been printed. will interest our Starks
county readers. and show how the Swamp
Land fund was pocketed by certain in
dividual
Charles S. Tibtits was the only Swamp
Land Commissioner in this county. Un-
til 1856. all the ditching certificates issued
by Tibbits were assigned by the cohtrae-
tors. or purport to be assigned by the con-
tractors TO himself. and Tibbits obtained
the money from the treasury. In very
many of these cases the signatures to the
assignments were evidently written by Tib-
bits, the writing can not be mistaken
This plan of operation opened the door to
the perpetration of fraud to any extent
tTsbbits might desire, and it is believed ne
improved the opportunity.
The attention Of the committee was cali
ed to three ditching certificates issued to
John Handshaw, aud purporting to be as
signed by Handshaw to Tibbits. Two of
these are exact duplicates-No. 46, ditch
No. 8. township 33. range west. amount
bid one thousand dollars, dated April Q,
1855, for five hundred dollars; both show
that no previous payment had Ceen made
on the ditch. The other is No. AZ, same
ditch, township and range, amount bid one
thousand dollars, is dated May 9, 1855.
and show, that five hundred dollars had
been previously paid on the ditch.
Mr.. Handshaw was examined by the
committee He states that the signature
to these assignments are not his, he never
wrote his name thereto. nor authorized any
pers on to write it for him; that he knows
nothing of these certificates. never having
seen them before; that the work cn ditch
No s amounted to about one thousand
dollars, according to his recollection. He
also stated, though not in his recorded tes-
timony, that he took his pay from this
ditching mainly. if not all. in goods at
Tibbits' store. He had other contracts in
connection with other parties. and thinks
he transferred two dirching certificates to
| Tibbits.
Touching these certificates. John S.
Bender. the Swamp Land Engineer at the
time they were issued. testifies as follows:
"The aggregate amount of the estimate
4 pu NitCn 4NU. q, iubSc IL WdS
nine hundred and twenty-six dollars upon
its completion.
Question-Look at those three certifi-
Gates drawn in favor of John Handshaw
for five hundred dollars each. for work on
ditch No. s, township 33. range /. signed
by Charles S. Tibbits. Swamp Land Com
mission. and purporiing to be assigned by
John Handshaw to said Tibbts. and state
if the signatures 10 them are in the hand
writing of John Handshaw?
Answer--They are not.
Qnestion-Do you know in whose hand
writing they are assigned?
Answer-To the best Of my knowledge,
No. Al is assigned by Charles S. Tibbits
for John Handshaw. Two Nos. 46, to
the best of my knowledge. were assigned
| by Charles S. Tibbits for John Handshaw.
| come 10 this conclusion from icy ac-
qna;ntance with the handwriting Of Charles
s. Tibbits and the similarity Of the letters
in the names. would not state positive
ly in reference to the latter.
This testimony brings conviction to the
mind that fraud. and even forgery. was
committed in these transactions. An ex-
cess Of FIVE hundred and seventy -four dol
lars above the contract price was paid on
this ditch. and Tibbts got it. The detec-
tion of fraud in one case leads to suspi-
cion of frand in all similar cases: and from
the fact that many other certificates are
assigned to Tibbits in his own handwrit-
ing; that Tibbits was in the habit of re-
ceiving bitches and issuing certificates
therefor that had never been received and
estimated by the engineer (see j. S. Bend
er's testimony. and from the fact that the
amount of certificates in one case greatly
exceed the amount of work done according
to the engineers book a copy Of which is
on file with the testimony of Robert II.
.Bender) the committee are Of the opinion
that the practice was quite common, and
that more thorough investigation than
the committee were able to make would
disclose many more cases.
During the year 1856. the Treasurer of
Starke county commenced paying ditching
certificates, and after that all. or nearly all,
were paid there. Those thus paid were
assigned to who ever was treasurer at the
time Many Of these are evidently assign
ell in the handwriting ofTibbits.
In November, 1856. John S. Bender
ceased to act as engineer. and Robert H..
Bender was appointed engineer. He acted
as engineer until the ditching was finished.
In the spring Of 1857. contract was
made with Erastus N. Birch for. large
amount of ditching. to be paid for in
swamp land. This was sufficiently large
to cover al the vacant land in the. county
The particular bitches to be cut were not
described at the letting. but wore to be cut,
generally in the county wherever the COM.
missioner should direct. The price, as
stated by Mr.. Bender, the engineer, was
eight or eight and one.third cents per Gu
bic yard: Others think il eight and q half
cents per yard. Fl
Robert H. Bender testi6es as follows:
''By reference TO my book containing:
the names of contractors and ditchee,
think it contains the account of all the
work done under the contract of Erastus'
NJ. Birch. This is the only record Of esti-
mates ever kept of the work. have no
recollection Of any other work Gone under
this contract. The price entered in this
book as the contract price was the price
paid by Birch to the sub ub-coDtracters.-
While l was engineer, there was no other
contractor than Birch. There was no other
man ditchins except Birch and his subf|