The New York herald., 1869-08-26
UNITED STATES COMMISSIONERS COURT.

The Alleged Fraudulent Pay Roll Case-Exn-
mination of Colonel Percy b. Spear, the Cus-
tom House WeIgher.
Before Commissioner Osborn.
The United States Us. Percy B. Spear.-Ths examI.
nation In this case was resumed yesterday. Spear,
Custom House weigher, was arrested on charge
OF defraudng the government by putting the paw
roll, presented for payment al the Custom House,
the names OF men who mad never worked &C all, or
else more work for the names rightly on the roll
than was actually performed. The testimony was
argument OF counsel.
The following Is the closing
TESTIMONY.
Henry W. Shipman testifed:-I was foreman from
the first week In June to July 20 generally pre-
sent when the men were paid or; these memoranda
referring to papers) Of July and July were made
out by Colonel Spear and handed to me; the men
were paid from these memoranda; paid them the
money myself after 1t counted out after July Is
OF Spears memoranda in June the pay rolls for the
weeks ending July /, and 16 l think are all cor
rect; the men did all the work they were credited
with.
James D. Swayne testined:-On my nrst examine
tion testified that after succeeded Colonel Spear
who had done no work; these persons the Ship.
mans and Mr.. Mckenzie; they did not work while 1
did not %aas to ssn that Week at
all; he afterwards claimed pay for day and q half.
Henry ". shpman, recalled, testifed:-I asked
him to put my name on the roll, and said If there
was anything to be done would do 1t; Swayne SAID
"glve me your address and will send for you;"
reported and was ready to work, but did no, draw
James II. Laird testined-Am SUPERINTENDENT of
the Continental Hotel, Long Branch; have known
Spear intimately for ffteen years; met Mr.. Carle
once at Colonel Spears ofice In the early part OF
june; carrie threatened Spear saying hewouid turn
him ont OF office; he was very noisy, ana Colonel
Spear asked him to speak quietly or 90 out OF the
place; Carrie vent towards the door, afd, shakina
his finger, said, "You sha'nt insult me; I'll nave
you out OF this Office either by far means or loul;n
have never seen Carle since.
III. "A IN I1ap
dunefens weghers for five years past; was under
Colonel Spear five or SIX weeks; Donaldson was
clerk at the time; as foreman had general SUPER
vision OF the work; the foreman of the different
gangs returned the time Of the men TO Mr. Donald.
son sometimes presented the reports to Colonel
spear when made up from the reports OF the fore.
man; never knew Colonel Spear to make up nav
roll himself; the clerks were dependent on the fore.
men Tor the time made by each man, and the
amounts were then figured out and given 10 the
wegher; Colonel Spear depended on us ana wo
depended on the foremen; Sometimes expense, TOR
carriage Storage and repairing put In az labor To
save tne aud troubie this had been the custom Tor
Ions tlme before spear came in; there were some.
tunes SIX or seven gangs OF men at work in the dis.
trlct; sometimes the work OF two or three men was
put under one name on the pay roll; this was yays
our practlce; man would work day or two aud
nothlbs more would be seen OF him til the end OF
tne week; we were then obliged 10 supply their
paces win substitutes, aud when the pay rolls were
made up the work OF these men would be mt 10 one
name; have paid men out OF my own POCKET whom
they wanted TO leave during tue week. ana would
be reimbursed al the end OF the week. / ALWAYS ra
ported this to Donaldson when t occurred aud he
paid me when he paid the others on the roll.
CToss'exaninatlon:--Thein book OF Instructions
lor tne custom House was published after lel,;
never saw 1t while there. @i
Charles A. Hsrnard testined:-Am foreman I'm a
custom House weiyher's Department. attended 10
making out the rolls: paid Sl2 30 qusrer for rent,
heard the testimony OF Mr. Cooper with regard to
the names OF two or three men appearing az nna on
the pay roll that was TIL short time AGO the ons
tom In our dstrcti n men worked Only a abort
time when the pay roll was made out ali their
names went under one; would often pay men out ot
my own pocket and would be Reimbursed OF the
end VI the week; when large number OF yesses
were In II was necessary TO hire large nunlber oI
men FOR day or two and they would not WORK
unless on the promise Of having their pay when inc
WORK was donei would often pay them, and when
the pay rolls were made out not rememberinu tbei,
names would put them all 10 one. ~
Daniel W. Brady testiDed:-Have been foreman
6a ,pr several years. was last under Colonel smaley;
tne dearest rent ever paid was $500 q year, tllis
ala not appear as labor on the pay rolls,
william Donaldson testt1ed:-lIave been foreman
n@naer @ Soionel spear always made up the returns
from the returns OF the foremen, heard ths e.t,.
mony oil other witnesses about sometimes Including
the WORK OF several men under one name. tnat wa,
my practices when first went into the ofIee that
was tue custom; never knew Colonel Spear 10 kecp
the time OF the men; never knew a man in M
Spears dlstriot getting more money than he
earned. ~ nv
Hiram B. Hunt testi6ed:--Uave worked under xr
Spear; Mr.. jayne, the government detectiye made
out list OF names and SAID must find lie men. he
faid he would be ID If he would be euchred an
this, and SAID that Spear would never he yveigber
again, and needn't be afraid; the afiidavlt rsade
TO Mr.. Jayne was incorrect but Thought was cor
rect 8t the time; did not make II freely because
was not sure about oil the men working; Mr. Jaype
did not tell me ut first that Colonel Spear was to he
arrested.
Mir. Allen, counsel for the defendant, said that hs
oeslred TO call General Buter1eli and another wit.
ness TO testify as TO the character OF defendant and