The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-13
UNITED STATES c0MMlssoaEay COURT.
Alleged Fraudulent fny Roll Cnse-Examina-
ton Of Percy Is. spcars Custom House
Wei2ker.

Alleged Fraudulent Fay Roll Cnse-Exnmna-
ton Of Percy Is. spear, Custom House
Weiaher.
Before Commissioner Osborn.
gne United States rs. Percy B. spear.-Defendant,
n Custom House weigher, was arrested ON charge
of defraud,ng the government by means OF fraudu-
lent pay rolls. His examination was commenced
Yesterday morning. Mr.. Ethan Allen appeared for
the defendant; Assistant District Attorney JACKSON
Tor the government. -, -. 1910 60
Pay rolls dated April ~ h,ve Aps a hSvs issa
June g. 1862 and June 10, 1852 were admitted by dc.
PENDANT to be those winch were sw orn 10 1y n anu
presented to the Auditor OF the surveyors Depart
Inent for payment, and the payment or which was
received by him at the Custom house. They were
put In evidence.
John Long testiHed-Neyer worked for Spear; am
agent for the premises Spear used rs an 0licc tnc
rent was fourteen dollars per month; Doonttie's
clerk made the last payment to me; the premises
have been occupied by the Custom House weiglcrs
aimee Pjumbley's time that is aoout 1865; Dooiitto
occupied them before Spear; since that tine niVe
let them to no other party put ne onec ohou
April 20 my Office Is in that building; know tue men
who work steadily Tor Spear; never auihorized any
body TO sign pay rolls me; did not receive a00ut
Nav fourteen dollars. nor May ID twelve dollars
and forty cents, nor Mas 20 fourteen dollars anu
eighty cents nor June tel dollars ana forty cents,
"a anpears on the pay rolls; received orty-two dol
lars for rent about the 10th OF May, lsG9; have re-
Ceived none since; the last rent was due August ].
cross exaininaion-I do not know WHO signed my
name 90 those rolls; signed my pay roll IN plump-
Iey's tlme do not Know tnat my name WAS es eve,
not apply Tor the rent; nave not IN tins matter
dealt with Spear; Spear now owes iorty-two dollars
Al RedirectMwhen i signed the pay roll in Plumb
ley's time signed 1t Tor rent; never signed 1t for
Recross- Pumbley was there in 1901; the rent Tor
the quarter was twenty-four dollars; signed the ron
Tor rent n sr was az 50 IN e Wnsh wS
mad gone up to ten dollars month, that ceased
signing. - .,o.,
The pay rolls OF Spear were approved by me; nave
as proofs OF the correctness of the pay rolls nothing
but the partd ularI'y in which they are made out
and the oath OF the Olcer; spear had sent to him q
book Of Instructions; have prepared Instructions
many times about ms dulies; every Gay the weghers
were accustomed to come to me for instructions and
sop sorags Of toos ,bsa allowed
usually for rent; refused; he applied to the Coec
tor and It was sllowed; twelve dollars a quarter Is
the proper charge is Tor storage; rent Is never al
iowea by governments the saiafy OF q weigher Is
81 500 In New York districts.
Cross-examlnation-Jh government allows but
twelve dollars o quarter Tor storage; whatever Il
allowed iOr storage Is 80 maze out and not covered
up as labor; 80 lar as / know there was no rent
paid; see on the pay roll "May y, A. >. Smailey,
s37 20, rent and storage;' do not know now lona
THIS was for; the usual rue was Tor once quarter;
the book OF instructions no allowance Is made 1ol
rent; the allowance Is intended to cover the ex
pense OF storage OF tools, nut 1t was passed as rent
Kedrect--lhe usual way was to put the allow
ance IN quarterly anu charge. IL as storage; there
was no special arrangement as 10 charges IN tnt
case OF Spear; never use the word labor FOR rem
and storage.
james Carr testined-Know PercyB. Spear; had
a conversation with him before he entered on M
duty as wegher about his entering the welgherf
department.; 1t was before May that ! mad the con
veIsation referred to-
Mr.. Allen objected to the statement OF this con
versation.
Mr.. jackson said It was assigned to show the in
tent Oh the defendant Dy q statement made To thl
witness that he intended TO get back by means o
his position as weigler some OF the money he ha,
lost IN political ventures.
Before the question was decided the time was con
sumed ana .ne nearing was adjourned ~ Saturda
NJ twelve O'Clock.
Tao Alleged Texan Bushwhnciser-yIis Cas-
Called and Adjourned to Monday ut Twclv,
O'Clock.
the united States cs. John IT, Iyuu--This cas-
was called yesterday at the appointed hour.
Marshal Barlow appeared aud said-The endors,