Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-04-29
BRUNER C0URT-MARTIAL.
Twelfth Days Proceedings.
TRIAL OF ISHAM HENDERSON.

CHARGE lsT.-Unlawfully entering into an
agreement. combination and conspiracy with one
William Mckay Hoge, Government employee
in time Of war. 10 cheat and detraud the Govern
mcut Of the United States, and the QuarteTmas-
ter Department thereof by obtaining, OF aiaing
aud assisting 20 obtain, the payment and allow
anco Of false. fraudulent and hctltlOns claims
agsiusi the Government Of the United states, in
violation Of the Act Oi Congress, approved March
u. l553.
Npecifcnfioa1a-In this. that he. Isham Hen
derson, late contractor engaged in furnishing
supplies 10 the United States Government, for the
Of the military service thereof, dad, while such
contractor. and in time Of war, unlaWtully and
ieloniOusly. for the purpose Of deiraudings the
United States Government and the QuaTtermas-
ters Department thereof, enter into an agreement,
combination and cOnspira with one William
Mckay Hoge, n government cmplOye. TO cheat
and defraud the United STATES Government and
the Quarternaster's Department thereof by
III. Bruner government eIAplOye, IN the service
Of the Quarternaster's Department, at Nashville,
Tenn. as Superintendent of cOrrals, 10 certain
receipts for mules alleged 10 have been delivered
by the said Henderson TO the United States Gov
eminent, for the use Of the military service, as
contractor a. Aforesaid. and uttering the same as
genuine for the purpose Of presenting such re-
ceipts 10 the proper authorities 20 obtain vouchers
for the number Of mules mentioned in the same,
for the purpose Of obtaining payment thereon.
This at near Nashville, Tenn, on or about,
and during the months Of July and August, 1861.
Specification d. In this, that he, lsham Hen
dersOn, late contractor engaged IN furnishing
use Of the military service thereof did, while such
contractor. and in time OF war, uniawfully and
felOniOusy and for tho purpose Of cheating and
defrauding the United States Government and
the Quartermaster's Department thereof, combine
and confederate. AID did enter into an agreement
combination and conspiracy with one William
Mckay Hoge, n Government employee 10 cheat
and detraud the Government of the United
States and the Quartermasters Department
thereof by making or procuring to be made,
false, fraudulent and fictitious receipt purpOrtIng
L..
Bruner being at the same time in the employ Of
the QuaTteTmasteT's Department at Nashville,
Tennessee a. superintendent of the cOrrals, bear
ing date on or about the 4th day of August, 1864,
and 10 the tenor and effect that he the said Isham
Henderson, had delivered TO the United States
Government as contractor as aforesaid, one hun
dred and sxty-twO mules, or Whereabouts. and was
entitled TO pay therefor from the United States,
and by means Of such false, fraudulent, and hctl-
tious receipt and at the same time well knowing
the TO be false. fraudulent and fictitious, OBJ
tanning from the Quartermaster's Department Of
the United States the sum of S2i5OO or there
abouts. This ut or near Nashville. Tennessee, on
or about the 4th day Of August. 1864.
CHARGE 2D.-FOrging or procuring TO be forged,
receipts for mules alleged to have been delivered
10 the United States Government, for the use OF
the military service thereof, IN time OF war, IN
violation Of an Act OF Congress approved March
Specjfca,ioa-In this, that he. Isbam Hender-
son, late contractor, engaged in furnishing
mules 10 the United States Government, for the
use of the military service thereof did, while such
in time Ofwar, having cOnspired with
William Mckay Hoge, a Government employee,
10 cheat and delraud the United States Govern
nent by forging, or procuring to be forged, re-
,eipts for mules alleged TO have been delivered
by said Henderson TO the United States Govern
Dent as contractor aforesaid, in turtherance of
said conspiracy, knowingly, feloniously, and un-
lawfully forge, or cause TO be forged, the name OF
Henry Bruner, Superintendent of Corrals IN the
Quarteumasters' Department ut Nashville, Ten
nessec, TO-, certain receipt for one hundred sixty
two mules, or Whereabouts. alleged TO have been
furnished by the said Henderson, contractor,
v hich receipt was of the following, to-wit:
NASHVILLE, Aug. 4, 1864.
Inspected and received from lSham Henderson |
me hundred and siXty-twO Q62) servicCable |
mules. Ii; BRuNER,,
Per IlOge, clerk.
,r of figures and words to that effect; and did |
utter the same as true and genuine, for the puT-
,o.e Of obtaining or aiding In obtaining the paw
nent of false, fraudulent and fictitious claim |
lgainst the Government OF the United States and |
he QuartermasSers' Department thereof This |
It or near Nashville, Tenn, on or about the 4th
lay of August, 1864.
CHARGE 3d.-Prescnting or causing TO be pro |
ented for payment 10 an officer OF the United |
States in time war a false, fraudulent and fo |
itious claim against the United States. knowing |
he same TO be false, fraudulent and fictitious, |
"A violation Of Act Of Congress, approved March |
"a. 1868.
Specification. In this. that he Isham Hender- |
on, late contractor engaged in furnishing mules |
o the United States Government, for the use Of /
While such contractor, having conspired and con- |
tolerated with VIM Mckay Hoge a Government |
Employee, to cheat and defraud the Government |
4 the United States. by obtaining, or aiding to |
btain, the payment Of false, fraudulent, and |
fictitious claims against the United States and |
he Quartermaster's Department thereof, present, |
II cause &c be presented, to an officer OF the UNI
ed States, for payment, a false, fraudulent ana |
fictitious claim against the United States and the /
luartcrmaster thereof, for the number of one
sndred and sixty two mules, or Whereabouts, Of
4 Hl.aVa aN...FFf oil Fsal
D have been delivered by the said Henderson, rs
extractor aforesaid, the said Henderson well
moving at the same time that the claim afore-
aid was false. fraudulent and fictitious, and |
hat the mules aforesaid had not been delivered |
$ alleged: and further that the said Henderson
i'd actually receive payment on SAID claim,
thereby the Government Of the United States
vas dctrauded 10 the amount of 300, or there
bouts. This NJ or near Nashville, Tenn, on or
bout the 9th day Of August, 1860.
The Judge Advocate read the first charge and
sl.cd the accused Mr.. Henderon, if be was guilty
" not guilty. lie answered by saying that he
vas not guilty. The Counsel for the defense then
cad an elaborate argument in reply to the
barge holding that Mr.. Henderson was not
member Of any branch of the service of the Uni
cd States. neither had he ever been, therefore
ias not amenabc to trial by military tribunals.
IL then proceeded TO discuss the legality Of the
round taken. urging that the accused had never
zen in the employ of the Government, but at
ne time. and that was at Bowling Green. Of
rhich he can produce a clear record. and that to
ry man who was not member of either branch
f the United States service by Court Martial
ras monstrosity lie further held that the con-
ract to feed mules did not bring him within the
rovision Of that act of Congress that provides
or the trial Of such persons or employees who
r. 4 60. Ia E,r4b ho1R hot
f SELLING mules to the Government which he did
ot deny but what he did, made him contrac-
or. then the mere vendcr of provisions in the
larIot would become contractor, &c. The OBJ
,ct of the entire argument was to prove that the
curt had no jurisdiction in the ease whatever
The Judge Advocate then replied in lengthy
rritten statement, holding that the Court was
ne Of proper organizaton-organizcd by the
roper authority, and that it had jurisdiction over
he case in question. His reply was to prove the
Jurisdiction of the Court. The Court was clCred,
nd the plea of the Counsel for the defense, rs to
he jurisdiction Of the ease, was oyerruled.
Counsel for the defense then entered second
lea 60 the first specification, taking the ground
hat the defendant could not be tried for both
efraudng and conspiring--jhat he must be
ithcr triodupon one or the other, He quoted sew
raj decisions by eminent legal authorizes in sup
ort Of his position, giving in detail the import Of
he two crimes. conspiriug and defrauding urg-
ne however that the defendant could not be
ricd for conspiracy at this time as forth in the
pccifcation.
The Judge Advocate replied by saying that the
let of Congress, March, 1858. made it criminal
acn,c to dcfruud or couspirc against the Govern
leut. and that they were separate crimes.
The counsel for the defense asked that ne might
oply to the points made by the Judge Advocate,
hich was granted. lie said that the accused
cknowlcdgcd that conspiracy and fraud were
,parate crimes before the passage Of the act Of
ongress in question. and even before the cstab-
shmcut of the present government.
The Court sustans the Judge Advocate and
ycrrulci the plea Of the counsel for the defense.
The counsel for the defence then asked that the
ourt give It's rcusous for ovcrruliug the pleas of
be accused.
The judge Advocate replied, that the Court was
ut bound ~ give reasons for said action, beng |
lone responsible 90 a higher power.
Col. Cuylc stated as his reason for asking the
ue.tiou was. that some Of the members Of the
curt entertained the opinion that they were
ouud 10 thy the case, because they had been or
cred 90 do 30.
The Judge Advocate objected TO the question
cling placed upon the record until after the pleas
AL been made. also refused 20 give reasons Tor
ycrrulng the pleas.
Amer "A tcw moments of recess in order 10 grant
81. Coyle time to prepare his pleas, the Court
summed business. The counsel for the defence
icricl 20 the first specification in the first charge
h the account of the uncertainty Of the alicga- !
ON. as the charge was not definite. and no par