The New York herald., 1869-10-19
ALLEGED FOR GE2V.

Scniows Charge Axa.nst MIR. Hupp, E.,:grn.
lion Commissioners.
It will bo remembered that about q fortnight ago
MIR. Frederick kapp OF No. Wall street. was
charged before Mr. Justice Hogan, at the Tombs
Police Court with forging the signature OF Augusta
Baumann, the mother OF soldier In the army, to
an order for bounty and pension amounting TO
si36 90. a report OF the caso appeared in the
HERALD, and at an examination at which AR. Kapp
voluntarily attended certain evidence was taken
and the case was adjourned until yesterday. 1t was
resumed In tho examination room OF the court yeser
day. Mr.. shearnan, counsellor, broadway, appear.
Ing for complainant, and MT. Burke partner OF MI.
Kapp, for the defendant. The Grst witness called
by Mr. Shearman was
Mr.. A, c. Almond, who said am agent in the
Second AUDITORS office in the Treasury Department.
at Washington; have a bounty order for S136 90.
PAYABLE to Mrs. Augusta Baumann; the orcer is q
regular bounty order and was sent in the regular
way Irom tnls omce. flhe document was put In a.
Examined by mr. Burke-I an IN charge or tho
DIVISION ior the detection OF fraud and errors in the
payment OF bounses; have been thus engaged for
eight years: investigated this case and the Office
was satisfied at the tune that the party had
except this that during the pending Of the invests
cation the certificates for other claims were with
held 9 Mr Hap but wsrS afterwards is;s
ter at the request OF the government Lass
week, and also at tho request OF Mr.. Kapp;
asccrtaned that the signature OF the attesting wt
ness to the assignment OF the bounty was Gustavns
BauInann and found that he died tho 9Th Of Aprl,
1894. found this not only from omplainants 8ibs
record, but also from the testimony OF the complain
ant ut her own house From the examination OF Q
packet OF letters and which compared with The
signature, am satisfied that this Is not forgery.
II told me by the parties in the house that Gus
tayus Daulann was Ia the ollce OF Mr. kapp about
three or four weeks before his death.
The Witness produced letters dated August ana
September. 1863 from Washington, In which tha
oopaa nad aPpaa lor s ne fs 70 s Irsa
1t ana wrote TO Mr. kapp, stating they were satisfied
as to the payment
only once in Mr.. Kapp'5 Office only In paper, not
Ia book never signed any other papers either as
Mr. Kapps once or elsewhere; the FIRST time wels
Mr. Francis Il. Zitz SAID that the papers had only
just come from Washington; called second tin0
and Mr.. Zitz then told me he had given me cheek.
and that wanted TO deraud MIN; at the time ha
said this Martin Wartenberger was present.
by Mr.. Burke-I signed paper IN 1892 for bounty;
! don't know whether signed paper in 1864 at
the City Hall; nobody told me whether there was
advertisement IN 1864 lii the Sadts Zettutg stating
Mr.. Kapp ana that the advertisement was inserted
by Mr.. Xitz; the certificate produced Is certificate
for the lot where my son was buried the certificate
showed that he died about the 5tn OF April ana nos
IN March as previously stated); showed tue last
witness my family Bible.
Mr.. Burke, IN very vigorous speech, delivered
with considerable gesticulaton, urged that there
not the slightest proof Of forgery, except In the
tnung the after fact af,er fact had been shown
that there not the slightest foundation for her
claim. Mr.. Kapp and Mr. Zitz were both men OF
reputation not only IN this country but In Europe,
as lawyers. He could scarcely content himself with
denouncing this procedure verbally; he should he
glad to have the opportunity OF administering cas-
tigation physically, for TO denounce these two mon
as forgers was more than ought TO be endured.
Mr.. Shearnan, after stating that Mr. Kapp and tho
complainant were strangers TO hin until this case
arose, ana that the allegation that this un-
dertaken for political motives was utterly ground
less SAID that much had been SAID BY defendants
counsel which had nothing to do with the case. The
charge remained unanswered. The complanans
had not received her money, she had only signed
paper, she had executed no power OF attorney nor
made any assignment OF the bounty claim. Until
delendant's counsel had proved that Mr. Kapp had
this authority his signature to that document was
unauthorized, and was, ut least forgery IN tho third
degree.
Mir. Burke said he should wish to place Mr.. ZitS
and several other Witnesses the stand to repu'
date this "vile charge" and 10 Justify Mr. kapp.
lie had no doubt that the Court would ~ ouoe as'
mss the case, ~ 80 .,.
Judge-i viii adj oprn tho case until ten O'Clock
tomorrow CIuesday) morning. aud tnen giVo my
decision. - v,,,.
Mr. Durkc-wil tho Witnesses from washington
be rcquiredf ..,.. .,.s...
are necessary