The New York herald., 1867-02-21
THE e oURTs.


'h tf Sirs s0nSnSl tSU1t--t4CWI-fMI j.
TIE Fssubses sf N Inaian Agency Csnrinus.
tssn ~ the IAbel Case-The Case Opened foz
q she Dsfsace.s 5g. r.l ataa
sw 5 ii IA, Bsfore Judge x D. smith n
4 Henry W d Psy Oliver n. HspoSd ct al-Ths
hearing OF this case in which the plaintiff charges the
DESCENDANTS with having written two beous letters stat
isg that vouchers asd BY plaintiff in the Bureau Of In
dsn Affairs al Washington regarding transactions IN the
Pawnee Reservations in Nebraska and OF which plaintiff
was the agent for the governments forgeries was
resumed yesterday morning before this Court The evi
dcuce for The plant concluded aud the for the
defence opened The following are the main elected
during the proceedings Of yesterday
Examination OF Henry W. De Puy resumed:--At the
time these bes wore written Hurford knew that was
candidate for renppointment my accounts were sus-
pended After The receipt OF those letters at Wasbngon
missioner OF indian AnAirs since that time have been
unable TO obtain settlement Of my accounts az the
time the first letter written Mr. Lushbansh was act
Two letters written by Mr. Hurord TO plaintiff and
Lnshbangh the Indian agent were then read The let
ses admitted that the charge OF forgery preferred had
been made in mistake avcrred that II the plaintiff
had properly satled his accounts befora he left Ne
braska Territory the could not have occurred.
Gross sexaminedPror to writing Of the letter of
tho nth Of January by Mr. Hurford the Commissioner
of Indian Affairs had not suspended dollar of my &c
count besides the money alluded TO In Mr.. Hurford's
lstter about si5000 due TO me suspended; there
about hundred accounts making up this $4,000
item Of $50 was suspended because man named Per-
Gins had presented affidavit TO the stating
that ho had not as much y the voucher named
Abe ground that part OF the money had been paid
predecessor and part TO my successor; an item
Pawnee Indians suspended the ground that had
maintained no school on the Indian Reservation; do
not remember that any suspended because
had complied with the rules Of the department in
mot having had witnesses present when pad the in.
dams their annuity: another voucher was suspended
rf
of vouchers for labor suspended ground
the rawnee Reservation was not entitled to such
vouchers referred to in Mr. Hnrlord's lei
ter, were suspended other grounds thar
seons 3 hs Mr. Dole the na' e,,s
told me- In point OF fact that the chief grounds for
suspension werc those letters; made explanations in
regard to those items but there OF them paid
there was an order that part Of my accoan should
be paid until this matter with Mr. Hurford settled
On The 25th Of March ordered number OF items 70
transferred from my individual the agency
account; the amount transferred was S4s 4I thar
sot the whole Of my private account TIE name Hur,
~ N. r. Hayes; IL was not rule OF the department
that the principal should sign II is usual business Tor
the collecting agent Of hrm TO give receipt after
these vouchers wsre made out, and before lett Ne
brusk Territory settled up private account with
sa dssd wSsn s' s ssornss S q shsps s1s
account against me UNPAID; think Mr. Rogers was
prcscnt when paid Hayes the s100
RcdlSect--0n the 28th or April I ordered goods from
Mr. Hurord 70 the Of s2so before those goods
were delivered was removed; there arrange,
should take lhe goods and pay for them did no. take
EUcepts from Hurtord for my individual account because
pad m him mot In m money, but IN barnes ~. which be
Mr. Dole told ma, In reference the suspension ac-
ussnt thst he would mot pay until tho charge Of
plaincd; the department. have since admitted that ali
aoo6unts for labor and goods correct and that my
=. ~ hs s0 Z e ss S.s e be ss1rsd
mr. Fullerton moved for isnissaI Of the Irs par. Of
- conpaIn % ths onn1 inai tho inuendoes had not
Dssn proved 1hs Court thswsxer oyerruicd the
81 SSilsssa ,Asn made the opening speech for the
IN Omaha NE Do Puy shsd two sceounss with them,
= individual accouns and ne account oa behalf q
q D. EysSs Sr,.s . ssa
i!arch pr % Puy came . shs store, IN Mr nurford's
lanss cssain ssms NON che sdiviaal acrouni 70 the
acconnt and - she change the
s Ss 3
lsst = many the sccounss due TO the arm - possible
s.oas sshsr ~, y poy'S Mr. sIsmss wrote 70 n r
8 Wsaid pay In ind,vsdaal acsoant, and NOT The
which sshty oserpsid his prva;s account Aner De Puy
suspended bis agency accounts were suspended by
ere susnended ia Of the writing Of these
letters Mr.. Fullerton concluded by saying that the
svidencc Of libel Was Of the weakest and most trivial
Tho testimony OF Mr.. lamer, taken by commission,
then read Mr.. Iamer was bockkeeper 10 Hursord
Co., at Omaha, nj the time Of the transactions in
volved In the suit The deposition stated that there
.ere accounts between Hurford 4 CO. and Mr.. De
ny mis- individual and his agency accounts: in March,
D02 the Individual account open and unsettled
md there was balance OF $50 due 10 the arm; when
1r. Hurford went East he requested Mr.. Iamer
o. collect this amount and he wrote TO
X Hayes TO do 80; Hayes collected /
400 from planuf. and sent II 70 Omaha by Mr. Nc
1rath Is agent for the Pawnee Indians Mr.. DO Puy
oeAn his account Ia March, 1SG2 and closed il IN May,
062 The deposition then detailed infinitely the trans
ctious between Hurfod Brothers and Mr. DE Puy botn
= his individual and private capacity
The deposition OF Hayes coroboatine the statement
regard 70 his share the transaction was then put
n when be collected the money from De Puy he had
dgncd three vouchers; but he under the suppression
these only receipts for money paid by De Puy
Or The settlement Of bis Individual account
The depostons OF Thomas J. Huriord and BENJAMIN
put In, but the statements made
verc not Of material importance.
The deposition OF Mr. Dole here put IN evidence.
Er Dole testified, that the accounts OF Mr. De Puy
nd been suspended for other reasons Than the allega
ions contained the letters written by MT Hurford
c did nos think that Mr. Do Puy's accounts had been
ntnnoually faiss and they bad becn suspended more
Of technical errors and confusion than from
fhe court then adjourned until this morning a. ten
,raonk