The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-04-06

/ Agent 60 the P8wnees-Mr. Dole, the
Ex-Indian Commissioncr, Charged with
Fraud-Damages Laid at Ton Thou
sand Dollars-Polities snd the Paw
] nees.
SUPREME coURT-cTRcUIT-PARr2 2.
Before Judge Mason
"""y ". De Ply vs Oliver r. Hurford It aI-This
case involves some important and interesting points
relative TO the transaction Of Indian affairs under tho
administration Of MI. William p Dole late Commits
sioner in charge Of that department at Washington In
1851 the plaintiff, Mr. Henry De Puy was appointed by
Mr. Lincoln agent to the Pawnee Indians In Nebraska
Territory and the present libel suit grows out Of
actions which he had with the defendants, Mr. Oliver
Hurford and his brother, who merchants doing
business in that region The libel as II Ia alleged
sisis in tho defendant writing letters one to the In
dian Department at Washington and the other the
successor Of Mr. Dc Puy accusing the latter Of forging
Peter Y Cutler appeared for the plaintiff and Messrx
g. r. Nash and Benjamin T. Kissam for tho defendants
ali the points which expected to BIO proved his
side Of the question. He commenced by cautionng the
jury against allowing their political opinions to influence
their judgment and then went to state the facts In
the II action for libel and brought by
the plaintiff to damages from tho defeaants
who had charged upon him the crime OF forgery This
charge made In two letters which had been written
by the defendants complaining that he Mr De Puy) had
presented forged vouchers for the goods sold by deen
dants for the Of the Pawnce indiana In April 1851,
plaintiff had been appointed agent to the Pawnees In
May 1852 he was removed from that oaice and applied
ment promised him, and the Secretary Of the 1n
terror wrote letter stating that the reappontment
matter Of justice Just at this time the first letter
OF d,fcndants was transmitted TO Washington, pre-
venting the proposed reappontment While acting as
Agent OF Indian Affairs Mr.. DC Puy had spent ali hs
means and those letters had prevented the settlement
OF his accounts and did so To the present day. He
was treated defanlter by the and brought
to state OF destution. The point TO which plaintiff
had been sent agent In Nebraska Territory about
one hundred and twenty miles from Omaha, rescrya-
ton for the Pawnees. The government had for period
OF nifty years treated the Indians with great kindness
Agents appointed 10 protect Their rights and
them against the imposition OF white traders and oil er
When the war commenced the government parcu-
larry anxious to keep at with all tho Indian tribes
and Mr. Dc Puy TO the Pawneos with special in
structons TO this effect He discharg his duties with
fathfulness and fidelity. The tics 20 these In
dams from the government were divided up In different
funds The yearly annuity 20 the Pawnees amounted 10
$40 000-s2l 900 was appropriated for the current
p'nscs Of The agency Plaintiff drew two quarterly pay
mcnts, about Sl00 00 This latter amount detained
long time after It was due, owing to the luminosity
Of Mr. Dole, the Indian Commissioner, to the plaintiff
The first half yearly payment OF twenty thousand dollars
paid the second being asoA held back for some time
Tho Indians were In great restitution In confequencc,
being In want OF food and other nccessaries or e and
threatened war unless their demands were complied
with Several white persons In the place, enemies OF
Mr. De Puy told the Indians that the money had been
received and advised them to tie up the agent and
pol him TO pay the money. The Indians came TO the
pleini r. when he promised TO supply them viii. ncces
saries until tho money mad been received. He then
went TO Lcayenwor,h where tho Indian Commissioner
was at the time and received letter from him after
much urgent request, desiring the authorities at Wash
ingon to pay the appropraiioniat once. Mr DO Puy
pro ecdcd 10 Wash ngton where he was told that the
money would be sent after him. When Mr. Dole
arrived in Washington he received n letter from
MIR. Plstt, charging tho plaintiff with embezze-
me Of and hc v,c% o"o LOT when hssu ne s wa. 81,
Mr. Dole appointed commissioner 70 inquire into
the matter knowing at the time that no appropriation
for this amount had been made. The plaintiff his
return remained at Omaha from the 9th OF March until
tho 3oh. when SIS 900 arrived from Washington. Tho
money IN the hands Of tho very msn who was ap
pointed commissioner to investigate the charge Of
bezzling II from the government On the 25 of March
the agency Of their bookkepcr Mr. Dc Puy bad moneys
for the Indians which came under heads and
he accordingly kept separate accounts He selected out
Of these separate accounts that he could when
the money came Defendant took ont OF the scco nj
tanning MILL $50; s25 mentioned item to crowner;
SIS ~ for little items purchased by plaintiff for In
DEMONSTRATING In all S73 ~ and leaving private
count Of si6 Is There also account OF sloo SO
against plaintiff Indian agent That taken
the account put into vouchers under their diff
fercnt departments This was done by the bookkecper
given by tho defendant To man named Hayes TO be
taken TO the reservation They got there and on tho
LIST OF April were paid and the vouchers given Those
the vouchers which Mr. DE- Puy was charged with
forging He (Mr Cutler, believed that the charge OF
forgery made by the colusop Of Mr. Dole. tho Com
missioner Indian Affairs with the dcfcniants be-
Mr DE Puy would not aid them in scheme they
hal In training OF robbing the indians Mr. Cutler then
concluded by dwelling eloquently on tho damage which
had been done plaintiffs character by the writing Of
those letters and stgmazed the conduct Of Mr Dole in
Nr De Puy was then placed upon tho stand who
tilted that he had made copies OF the letters In
question, which be read as follows
LErrfR srccyxsoR Nh. DE- rry
OMAHA CRY " T.. Jan H. 1919.
b. r. LrsunAucH ESQ, a. 5. Fswnee indian Agent
appri.ns Us Of The fact that Mr. DE Puy voucher.
for portion Of the account that ied against the Fwnee
Agency. We air. that such vouchers
sieued by With authority from huf II NJ
DE Puy has fled such vouchers he does
tee You viii do especial favor ~ protesting against
their being allowed until va ~ Washington, whh We
hope will br In March Please protest rast
said vouchers and 0Oge yours respectfully srl truly
o. 4. HuRFOKD for HnrfJrl brother.
LETTER TO COMMISSIONER DBE
OMAHA, - r., June 10. 1919.
Hon. VIZ =. D0lrs-
sta-we are informed by Mr. Ln-hhaugh Agent u the
Pnwnecs that Mr. Deruy has pat IN vouchers for about so
and claims that have rcfrpifi the
they simply forgrries You have conni &c.
which much with regard 70 the iuHe %
and % Il having been paid II
will send those vouchers a. egrni here VII iufn
them Mr. sheldon 81 New York. u the sn ~ saeioa
IIoyt4 Co. who perfectly fansrwit xnAnre aud
probably saaiy upon the suhisst. AMI would
srcciful'y refer you 20 them for information you
want A. 70 the honesty q our prpoes We are ~ rosf-
very resgectfaily, HCRPoRD a BROTHER
Arol| GETIc rKIrKR yRox TIsz psvKxnASrS
The following lotter was also put In evidence -
O~AHk n r. tng is fES
Major v. " LusunArcH, United states iaNnee Indian
DrAK siR-sInce last letter with regard N the
vouchers subnted by Mr. De fuy for par Of account
agent the f0up Fork cry Mr. Hays has bern dos
and We called bis attention especially 20 the matter ant