New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-07-07
THE HENDERSON CASE.
UNITED STATES COMMISSIONERS oFFIcE-JuIr
Before Couimr.sioner OSBORNE.


defense being represented by the same gentlemen
before.
John b. Gibson vas the first witness examined He
said he at present acting Navy Agent-produced
two checks marked and :
CrossexAmned-I was appointed previous 10 Hen
dersons arrest; have no, looked oyeI his accounts
be transferred TO NE ss3 Ooo and odd dollars in check
which mas been since duly paid.
! Mr.. j. l. Savage was here recalled. He said:
have copies the tickets referred yesterday the bank
refusing part with the originals Yesterday morning
at go l was not with Mr. VIM. Merrifed. though
did him in the course OF the day az the OF
/ Hanover and Pearl. He asked NE about HcndersOns
case / don't reeolect what he said or whether be
asked me why prosecuting man OF good charac-
ter. did not say Henderson, shoulders were broader
than mine and he is more able 10 bear IL viii shove
It on him and II viii be pretty good political dodge
said had been arrested and imprisoned and That
wanted 10 show the community where certain moneys
had been paid and Mr. Hendorson lad received good
deal Of tins money wanted show where IL belonged
never gave $500 towards the election OF Breokin
/ ridge Through influence | got these bills hurried
through II Washington Il has not been my experience
that that the way 10 get these bills through.
never had any delay until the Rebellion broke out.
| BY Mr.. Wilson-When had interviews with you my
counsel were always present. No promises or induce
ments We're made 10 either by you OF any else.
No threats were used Of continuing my imprisonment
The memoranda referred 20 yesterday were OF the com
shown appear TO DC respecting contracts taken By
but never the acquisitions, nor had anything 10
Win them beyond signing the Oils presented Dl
| agent j. W. SchOeileii lie u now III prison Aiter
some discussion. the tickets produced by Savage, as
from the Cashier OF the Bank were put IL aud taken as
evidence.
By the Court-I know Headerson's signature that IS
his handwriting. promised 10 pay Henderson per
cent before got the order In my previous contracts
with the Navy bhad paid commissions before.
Witness here made a statement 20 the effect that no
cha had been made against him. but that his sci
had shown him certain papers, on which, De told hin,
any charges that might be made would be based
YIN Voe ~ 10 "a
said IL well established that thore common
law crime against tho nted States al 0f'enss against
tie United States must originate in the Tioltlon o.
statute. Ii had been repeatedly testified By Savage
that the bs in respect OF which this commission was
alleged 10 have been deducted were fair and honest;
therefore no fraud had been committed AGAINST the
/ United states. According his statement then
the only person Vronged Was MI Savage. and he sub
utted that the power II the Government could not bo
set IN motion TO collect his private debt. tie had
no intention however, Of resting his defense on
technically; he was anxious ana wiling That the
case should be decided It's merits, ana that the
facts should be fairly sited and Mr. Hendersons char.
acter set right before the world He could LOT sueak
without strong emotion, when he looked az the state Of
his unhappy country that had come 10 III, pass as
the English nation in King james the Seconds time
when an hohesI mAh eouia not possibly hold office
under the Government, without effort being made 20
him, that some other dishonest and rotten vii
lain might take his place 70 commit frnuds upon the
Government. This the origin Of these proceed.
ings. lie complained that this accused man had been
arrested and removed from bis Office by the President
! checks stoppedby the Government the supposton
that he could not ipdy them, and yet they had il
in evidence that morning that he had turned to
his successor the sum Of Sls3oO 10 the credit OF
Government He admitted that Henderson, had stoppcd
the of g. OO out Of bill which he had paid saw
age; but II not Tor commissioned for a bal
ance due ~ him from Savage for previous loans and
advances lie then mnutey reviewed the evidence
given by Savage and conended at considerable length
that Savage had himself proved that lie had conceived
dislike for Henderson and had determined 10 get him
owed because OF his refusal Ia
orders That failing in his endesvor to persuade Mr.
Smith 10 join him, and being shortly after arrested on
charges Of fraud he determined 10 use this old occur
renee the stoppage from his bill of the balance Ie
hin, and change him henderson, with stopping 10 as
per eentage or commission In ords. TO procure hs re
lease ana TO levy black mail npon Mr. Henderson. lie
also stated that this attempt to black mail Mr.. Hen.
derson would soon come before the Courts In another
form, and would cause not little stir in the com
munity.
Mr.. Wesley Smith was then called for the defense.
He said: live at No a St. Marks Place. / am con.
tractor; have known j. L. Savage for or years.
Some time in the early part Of 1853 had acOnyersa
ton With Savage in Maiden Lane. He came to me and
said he wished 90 speak about the matter OF the
Navy gent. He asked if l was getting orders from
the Navy Agent on open purchase. | said / was rot.
lie asked if satisfied and said was not, to
draw him out. lie then said he had made an affidavit
with other parties against the Navy Agent, aud II
would Join with him person up the North River
AT Kingston would be appointed and should have open
orders and il would be very lucrative for us asked
him If he knew what trouble 1t would get rs into The
that we should Join in throwing Henderson out
because he would not give US open orders. He
and had been contractors for some time
TO receive open orders. With Mr.. Henderson came
change Of administration. He said be supposed was
not getting open ORDERS and therefore thought our
interests would be identical in turning him out As
near as can recolect he said that if would make an
affidavit with him that We had paid Mr. Henderson
money for the open orders he would be thrown out
il dangerous ground. and ADVISED him 10 give
| IL m and he consented AZ thht TINE.
Cross examined-l have been contractor ten years
Have filed open orders during the previous adminisra
| ton / never had open orders from Mr.. Henderson
Do Mt fecoeot his asking me- after his arrest. what
could say about these open orders. never sold any
or paid him any Interest. He never proposed to me
that should give him any consideration for his giving
me orders l got some orders nom Washington
through Mr.. Henderson because my bids were the
John f. Deyelin--I have known Mr.. Henderson
long tine quite Intimately have always considered
Lin as an upright and honest man. and never heard bis
Car. +. II. Barstow said he was manufacturer
he Lad known Mr.. Savage for about three years but
had done no business with him since then His reputa
ton is decidedly bad, and would not believe him I'M
/ der any circumstances Whatever.
Cross-examned-I have never been contractor save
in one instance have always furnished the Govern
ment open purchase. Sometimes my orders have
come from Washington, Admiral Paulding Mr.. Greg
ory or Mr.. Henderson. have orders now on hand Is
sued come weeks before his removal from Office.
don't know that any Of them for copper have an
order for some spikes since his removal from Office
signed BY Mr. Gibson. / have never discounted any
bs with Mr.. Henderson. or borrowed any money from
his firm My opinion Of Savage Is derived IRON his not
performing lis agreement with me- have heard quite
a number OF persons in the Navy ard and at ash
tDgton express the opinion. The constructor OF
The Navy. Yard Admiral Smith OF Washington, and
,rnber OF others but don't ike 70 give their names
Mr. Delanos language, can't state exactly It's purpor
was that Mr. Savage was cheating Government OUT OF
500 per day. / don't know where tina; conversation
toek place. mn.
By the Court-There is not the slightest feeling at
present existing between me- and Mr. Savage.