The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1864-07-01
.FE&E& GNF ~ 1EA&
BOLD GAME AT, DECEPTION.
lcs5p saf baa .5Go ----- = = ----7J ia.1eisials
Attempt to Clear q p Drafted
.r 3. Man By Fraud y a. !.
Jerry McCarty Arrested as
Principal.
Edward Wall and Richard Calvin
Arrested as Accessories.

In the late draft for the Second Congress
sional District Of this State, one Patrick
Downey was drafted from the town of Eagan
in Dakota county. Patrick is a stout, healthy
farmer. aged about twenty-eight years, and
since the enrolment had removed to Rose
mont and engaged at work for a well known
farmer of that town. When he received no.
tice of his having been drafted, Patrick pro-
cured $500 from his employer and came in to
this city with the intention of paying his COM
mutation Before reporting to the Board of
Enrolment he met Jerry McCarty, OF West
st. Paul, and inquired of him as to the pros
pect of being able to hire substitute. As his
ten days allowed in which to report was not
vet out, he was easily prevailed upon by Nc
Carly to return homo and let McCarty try In
the meantime to procure substitute for him.
The next evening he received message from
McCarty to the effect that he had found a
substitute, and on the next day, the 9th of
June. Downey came again to the city, and was
joined by McCarty. ...
The plan, winch was shrewdly conceived and
boldly executed, appears to have grown from
McCartys inspiration, and to have been man
aged by him, and the deception was only dis
covered at the last through the surprise OF ac-
quaintances OF Downeys at seeing him, q
young and healthy man, published in the city
papers among the exe.npts on account of old
age.
The first step taken thus far shown ia the
evidence, YVES the procuring of affidavits to
the effect that Patrick Downey was over forty
five years Of age. The form for such an aft.
davit they obtained from judge Lambert rep
resen.ing to hiin that it was to be used for ex-
empting an old man who had been
enrolled By mistake. Then McCarty
took the form to the groggery kept by
Richard Calvin, and here introduced q new
character-another man named Downey from
Eagan, probably a Patrick Downey, and I'M
doubtedly an old man. This Downey happened
to be in the city selling cattle, and Richard
Calvin aud Edward We'll were acquainted with
him. 1t was en- easy matter, therefore, for
McCar.y to persuade Calvin and Wall to sign
statement setting forth that of their knowl-
edge, PatricI, Downoy WAS over forty-fvc
years old,
Shortly after this Justice Locke, OF West St.
Paul, is hailed ct the door Of Galvin's establish
ment, and aiights from his load of wood or
hay, afiixes his name and title to the certificate
attached to the statement and converts the
statement thereby into formal affidavit.
The next step was to send the old man Dow
ney, having possession of the younger mans
notice that he was drafted and also the affidavit
sustaining his own appearance of old age, be-
fore the Board of Enrolment. He reported On
Friday afternoon, the 10th of June, and after
few moments examination was given GER
ti6cate of exemption for over age. This certi-
fcate he gave to McCarty. who delivered it
over to the younger Patrick Downey, who
poeketed it and returned home, carrying with
him about one hundred and forty out of the
three hundred dollars he had brought into
town. The remainder was left in the hands of
MeCarty, who probably paid his subordinates.
On arriving home, Patrick Downey the
younger explained to his employer that he had
got an exemption through ON old mans per-
sonating him before the Board of Enrolment
The employer reprimanded Patrick and sug
gested that he had better yet go before the
Board Of Enrolment and pay his commute
ton. The advice was not adopted, and the
does not seem to have considered it his duty to
expose the fraud. But it was discovered, and
on the 9th inst. Patrick Downey the younger
was arrested and brought before the Board OF
Enrolment. An examination Was had, under
oath, of the younger Downey and of Calvin
and Wall, resulting in an exposure of the de
ceptiOn as narrated above.
In regard to the part Justice Locke had in the
affair, the evidence of these three agreed that
he signed the certificate to the affidavit in the
absence of Wall and Galvin-that is, that they
did not personally appear before him as set
forth in the certificate. One of the three said
he was told by McCarty that Locke drew up
the paper, but Downey the younger stated that
the paper was drawn up by man whom Ma.
cartey called Judge, in little Office in lower
town. The evidence, however, does not show
that Justice Locke or Judge Lambert knew
anything concerning the deception that was
being perpetrated. This evidence was given
before the Board of Enrolment. On the SUBJ
sequent examination before Commissioner Cor
doza, Justice Locke was summoned and swore
positively that Wall and Calvin signed and
swore to the affidavit in his presence. as stat
ed by the usual certificate. a"
The fact and manner of the deception hav.
ing been learned through the examination
made by the Board of Enrolment, the United
States District Attorney was notified, and yes
terday he caused the arrest of Jerry McCarty,
Edward Wall and Richard Calvin, and had
them examined before Commissioner Cardoza,
McCarty being charged with subornation o
perjury, and Wall and Calvin being accused Of
perjury. At the close of the examination, each
OF the three were required to enter into recog-
nizances to appear at q future day for further
examination lh We suppose the matter goes be-
lore the United States Grand Jury, now in SEES
sion. Patrick Downey. the younger, is held
by the Board Of ENROLMENT, to await instruc
lions from the Provost Marshal General.