The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-07
NEW YORK CITY.
THE COURTS.
UNITED STATES COMMISSIONERS cOuar.

| Alleged Presentatton Of False Pay ROlIs-Ex.
animation Of General Thomas w. Eagan, "a
Custom House Wcigher.
Before Commissioner Osborn
The United States Us. Thomas W. Ea9an.--Defen
dant, Gu stom House weigher, was arrested a few
days ago ON charge Of defrauding the government
by the presentation of fraudulent pay rolls. His ex
animation was commenced this yesterday morning
| andtne following evidence was taken:-
THE TESTIMONY.
James 8. Fuller, an auditor In the ONCE OF the
Surveyor of the Custom House, testi1ed-The pay
rolls OF the weighers department were presented TO
myself to audit and examine; they were sworn TO be
fore me; the oath made to the pay rolls
was the only evidence Of their correctness;
that pay roll July /, 1869 paper shown
witness). was presented to me and sworn to by
Thomas w. Eagan before me as notary public; the
ay before BY M Eaa ~ sac were one w SsS
presented TO me personally; he usually came to my
desk with his ron and | administered the oath BY
custom the welgher 10 the proper person to present
the pay rolls; audited ali of the pay rolls shown
me; after audited the pay rolls put them on the
CT CToss-examined-i know Mr Easan personally;
had never discovered that the pay rolls fraudu
lent; the rolls were sworn to before me and ex.
amned them simply to see II they were carried out
Redirect-After the rolls are approved in the Sur
yeyor's once they are sent to the Auditor OF the
Clarence M. Buel testAed-Havs been In the en-
poy OF Mr. Eagan In various capacities IN his weigh.
Ing department was so employed In July last and
dld not know any such man In his employ as Joseph
TO the Uommlssoner-There were sometimes hf.
teen and sometimes twenty men In his employ;
knew the name OF every man In his employ from
TO the District Attorney-l did not know L. Nor.
rissey; / knew J. H. b. Jenkins; saw him with
DO sn other @ iss or
three different days. worked up to the I'D Of Julyi
did not know r. Mentz; know Edward Costello;
never saw him do any work; Costello Is liquor
dealer on Eighth avenue; Showing witness pay roll
Of July !, 1862 the following persons whose names
are on this pay roll did not see work.. ID. Har.
rngton, Joseph Naire; these all lind upon this
pay roll; toll July 8 shown witness, did not see
Joseph Naire, J. II. B. jenkins or p. MentZ work;
rol July 10y did not jenkins Naire work. roll
July 22) did not see Edward Costello or G.
MSy yeys mad bg mr. u. e 10
ed Of Juy canvassed the district from Thirty
fourth street to Gouverneur slip and inquired the
notes Of what learned; there were no men that
saw employed Ia that district whose names didn't
learn.
Cross Examined-My business while in Eagans
employ was talying coal; was classcd as aoorer
| two days and half In Eagans district in the month
OF June before Eagan was appOinted; was not con-
w nds o sas While Ia Eassns
employ; Mr.. Eagan's district Is from pier 81 as far
up as New York extends; while was engaged In
| tallying coal nobody was engaged with me- nearly
all the Of the district worked with me ut differ
ent times; from June TO Jnly was not engaged four
| Or five week days and oil the Sundays; there were
several hours days that had no duties to perform
| In the district; while was engaged all the men
| were not engaged with me ut any time; know
from the pay-ron that dill the men whose names are
| on 1t did not work and could not work without my
hung around the ONCE ior eight CT nine days and
was not called upon to go to work; Mr. Wilkes. the
assistant foreman, employed me; sometimes ar
Wilkes paid me and sometimes Frank Webb, the
foreman; receipted for my money Ia blank before
| got it; it was the rule In that district while
I vuo r1nn tahf ion hair rn-
ceipts In bank one Saturday after the receipts had
been signed in blank signed another receipt, In
structon Of Mr.. Eagan that this was done; at the
same time he ordered that the pay rolls should no
signed in blank, as usual; never had any dealings
directly with Mr.. Eagan; reported the observations
| made concerning the number OF men IN Eagan's
district to Mr.. Brush special agent OF the Treasury
| during MI. CARTS time; | communicated with Mr..
never paid anything for my services except as la
| bOrer: Colonel Howe sent me TO Colonel Eagan to
and never saw anybody report to anybody else;
Eagan's Office was IN Grand street; lie was not much
about the office; may have seen him ten or fifteen
times during the time was employed.
To the Conmlssoner-On Monday, the 5th OF July,
Joseph Naire is put down as working ten hours; no
| work was done on that day. there were no vessels
discharging; went over the district That day, be-
tween the hours OF seven and eleven A. NJ, and saw
| no men at work. the men commence working at
seven O'Clock in the morning and WORK till six p: NJ;
j. Ii. B. jenkins is put down as working dfty three
hours the pay roll Of July Is; cannot specify any
particular day put down on this pay roll 1.-THE 15tnl
when he did not work; went over the district every
day from the stu TO the 10Th OF July and never saw
| Mare or jenkins at work.
Andrew NJ Benedict, the chief clerk OF the cashier
in the Custom House, testifed-l paid the Ave pay
rolls shown me; one OF them paid TO Mr.. Eagan
himself. and am not positive that did not pay all
Charles E. Booth test.ned-I am employed as
bOOkkeeper and clerk OF General Eagan; have been
In the employ OF Eagan from the time Eagan came;
as bookkeeper knew the men employed In that dis
| trict; Joseph Naire was not to my knowledge EN-
ployed during the month OF July last James MCGEE
can recoest during the past three or Jour Weeks
l.. Morrlseey, ]. IL. b. Jenkins, z. Mentz aud Ed.
ward Costello were not employed, so far as know;
have seen j. II. Is. jenkins at ONCE IN Grand
street, do not know what he was DOING he was up
IN the Generals private onice don't know any
such men as Naire MorrIssey and MeDtz; know
Costello, but don't know what his business Is; /
know all the men employed Ia that district.
Cr0ss-eXanlned-l was first employed in this dis.
trct last fall under Mr.. Carr the books kept per-
tanned TO weighing merchandise; they had nothing
70 40 wt me- names Of the aoSssrs did not Keep
hiring or the paying OF them; the forenen usually
paid the men o never saw General Eagan pay of the
men, so lar as my observation went Mr. Wilkes, the
assistant foreman kept the time; the time was re-
ported to hun by lhe foreman Of eacn gang the fore
man being employed that aha not know OF 1t within
not possibly be employed and mingle with the men
| without my knowing it; 1t was no part Of my duty
| TO know the name and face OF every man
employed; was on duty every day at the
| Office all THIS time; l never signed the roll
out LII Diank; once Heard General Eagan say that
the proper way was to not sign the roll until the
time was entered, and that the way II must be
done after that time; the pay rolls were not in the
handwriting OF Mr. Eagan; they were made out by
| Webb.
Adjourned to ten O'Clock to-day.
Arrest Of Alleged Murderer.
The united states rs. J. II. Pau.-Delendant was
major In the rebel army, and was arrested Thurs
day night on charge Of having the 4th of Octo-
Der last, while prisoner at Jefferson, Texas COM
pany with several others who were under guard OF
United states soldiers, killed three of the guard and
made his escape lie was also charged with treason
In the affidavit upon which the warrant was issued
Tor his arrest -Four OF his cOnfederates in
| custody In Texas Plat, 1t Is alleged, was the
leader OF the movement Tor escape At the time Of
his arrest he was IN this city, and was found in
| Fourth street, Washington square. He was
brought before the Commissioner yesterday and was
| held for examination on Monday next.