The New York herald., 1869-09-03
NEW YORK CITY.
THE COURTS.
UNITED STATES COMMISSIONERS cuua1.

uWIeU SIRIES IuMmISSWWChS euun's
The Alleged Fraudulent Pay Roll Cascade
cision of the CommissIoner-General Thomas
w. Egan Held Under S6,OOO-C0lonei
Percy h. spear Discharged.
Before Commissioner Osborne.
Tne United States Us. Thomas W. Egdn ana
Perez b. Spear.-Judgment was rendered yester-
day. The defendants were charged with defrauding
the government by means of fraudulent pay rolls, 1t
having been alleged that they placed upon the roll
presented for payment at the Custom House names
of men who had never worked at ALL or else more
work for the names properly on the roll than was
actually performed. The testimony In the case has
already been published In the HERALD.
Commissioner Osborne In rendering his decision
said that careful reading OF the testimony and ex'
animation Of the documentary evidence In the case
had but strengthened the opinion he entertained az
the close Of the summing up by the respective coun
sci. The clause OF the statute which the accuse
were charged with violating read thus:-li any
person or persons shall transmit or present at or
cause or procure to be transmitted to or presented
at any ONCE or oficer OF the government OF the
certifed, receipt or other writing support OF or
in relation to any account or claim, with intent 70
deraud the United States knowing te same 20 c Oh
person shall be deemed guilty OF felony ana on con.
victOn shall be fined or imprisoned" &C., as tne
Stat Tito MAKE the accused amenable to this
law there must be shown conclusive evidence OF
sciener on the part Of the accused sne 'e the as
Ofcers OF the government IN support OF or IN reia
ton to any account or claim for payment by tne
practice and custom In Q branch OF the Custom
House business which, unless guarded and checked
by more efficient means tnan nad Deen nefesOons
methods to defraud the Treasury and demoralize
the system Of practical economy IN the collection OF
ing OfYices OF trust and profit TIE testimony was
too vOluminous to detail and show how fraud might
slip In BY this or false entries s.a@ae maae a na dstrc
had no knowledge because OF the avalaDle mode lor
mischief allowed and ADOPTED for years past In the
Djoyed in the various districts OF the weighers de-
partment. In this case there was aoundant evil
dence Of the a a env 81
the only question for MIN (the COMMISSIONER to de-
rermine was. did Thomas W. Egan, as weigher
rolls of July last to the cashier for payment that the
same were false and untrue In any one or several
must reach him and he be made to suner the conse.
quences of his criminal knowledge and acts. The
pay rolls Of July and IS contained ~ a. tne name o.
but afterwards cut out as proper evidence showed.
Now, the pay rolls referred to showed that Nair
Sned with oher Who received Their for the
laDor, and yet there was no PROOF tnat any
witness, either for the prosecution or deience saw
the cashier to paw that man. and where was the evi
dence that there was such q man. He was not pro-
% satisfactory 81 W expanation Was given BY anybody
to hts identity, labor or payment. Edwaro WllKs,
witness for the government testified ne na0 chsrGe
their time arrayed the gangs. &C., and know oil the
men, but did not know Joseph Nair, ana the pay
hG Sr.ns s
fendsnt, made ont the pay rolls rom wiks loii @ o.
know s w'S Ssr % YET when hs was asked the question
whether ERan knew the men, stated that when
Eean called the name q MAJ, on pay roll July 2s
Egan said new roll must be made out, and
Nsir must sign it in his presence. Nair's name
no ws' on pay was s0 MAD. q U the poSsSy Of
manifested either b Essn or webb 70 LOOK back and
pc,ous snS Ss%sa Either Irs mpsed on the
fidepce of Webb In this matter and committed per.
%1y ns H. ss ear9 points e %SS M
fully iy, appear. The testimony Of Wika showed tina,
on account OF Webb; that on one occasion when
webb directed witness to 60 ana get TWO persons 70
sSr rSs I Get
TO answer the names Of Eair Caustin. As TO
Egans Of the character Of the pay rolls the
defence sought to mpeach the character Of Wtlks,
but In his, (Commisst0ner's) judgment the enori
was not successful in law. there were
concerning which was Of Ike character to that o
Nair, but not 30 aggravated. The defence stated
promised prot to come and testify TO clear up the sis
spicous proof surrounding his name on me day
rol but ne did not appear nor did the defence asl
pens % as they did % bring other recslctrant wit
esses The conduct Of the defence in not producing
offered by the prosecution taken in connection with
the facts and circumstances surrounding the wno!
case leads to the opinion OF the guilt OF the accused
and in the conscientious discharge OF his duty, 4.
| (COmmissioner) must pronounce the evidence SUI
ncent to put the accused upon his trial, and ne wa
therefore committed to the custody OF the Marsha
10 await the action Of the Grand Jury, in default
S5 600 bail. He did not consider the evidence agains
spear sufficiently conclusive, and he would orde
Assistant District Attorney Jackson appeared OF
behalf of the government aud MI Ethan Alien 10
the accused.
Alleged Violation of the stamp Act.
The United States Us. E. p. RoxecE.-The defend
ant, who was a cigar dealer on Broadway. wa
charged with violating the stamp act, In failin
TO stamp 4, 700 cigars which 10 was alleged he ha
disposed OF aimee the ls OF April. The evidence wen
to show that at ali events several boxes which Wer
| not properly stamped were sold.
Assistant District Attorney Jackson appeared no
the prosecution. and Mr.. Derby for the defence In
defendant was held to await the action OF the Gran
jury
! The Archer Cause.-The Examination Cen
| Before Commissioner Shields.
|
Archer.-The hearing of this case was resumed ye'
| terday morning. The defendants, who carried o
the business OF wholesale liquor dealers In this city
were charged with making false returns to the 10
ternal revenue officers IL was alleged tnat on tn
9th OF August 1868, they forwarded to parties
Canandaigua,ten barrels OF hghwines branded as re,
!ied spirits This, Il was claimed, was violation
the Revenue law, and IL was now sough ITO nave tn
punishment decreed by the act enforced against u
deiendann The defence is gener a denial OF tn
several allegatlons. The case was continued froi
"Wednesday, the following being the substance Of tf
evidence taken:--
Thomas =. Stark was examined. and testified tina
ne lived at Canandalgua N. T.; was present at
trial last circuit at Canandagua, between Arcnc
Brothers and the Sheriff; thought that Washngto
Archer testified at the trial; the suit was to recovt
the amount OF ten barrels OF nighwines seized !
the sheriff; Archer claimed the hghwines; he test
At the trial that he shipped the ten barrels to Charl
b. Garlinghame az his agent, that Garlingham
made Q false report to him. having said they wei
highwines, and claimed one dollar and twenty cen
gallon for them, that they were marked ''rectine
splrts," and that they contained grain hig