The New York herald., 1869-03-27
BROOKLYN CITY.
THE COURTS.
UNITED STATES COMMISSIONERS COURT.


The Alleged Drawback Frauds-Decision IN
the Case--Laidiaw and Dickenson Dis
charged-Korn, Theriot, Whimster and WiI-
son Held.
Before Commissioner Jones'
Korn, Whimster, Ladlaw and Others who have
been under examination for several weeks past on Q
charge OF delranding the revenue by means OF
fraudulent Claims for drawback, were up before the
Commissioners Yesterday morning to learn what dis
position OF the case had been determined upon.
The Commissioner, when all the parties had
answered TO their names, said:-I have been unable
to examine all the testimony carefully, particularly
Grand Jury are now In session am disposed 10 act
as promptly as the matter OF the case viii admit.
AS to the defendants, Whimster and Theriot they
have already waived further examination which Is
a virtual concession on their part thai The evidence
is sufficient to hold them 70 await the action OF the
held. held AS to the defendants, kSrn ana
Wilson, evidence was offered against them, and
witnesses examined at great length, and at
the conclusion OF the testimony the part Of the
sci that they had the evidence on their behalf re-
gard that they their defence for another time
and are content that the matter should go before the
Grand Jury, and 1t is so ordered. The remaining
defendants are Dickinson and Laldlaw. First a. 70
DickeDson have had very great difficulty IN COM
M to tile conclusion as TO what should be done IN
tlis case. Tne testimony against him is that given
o. Rieaenberger, Arnold and Brnkerhofr Riesen-
be- ger TO tell straight story, far he
.r.ccrned. He was guilty OF greater offences than
clafkea against Dckenson or against anybody, but
!, the same time his evidence was given IN such
manner as to entitle him to considerable
creuir However, as to the papers alleged 70 have
been signed by him, am inclined tn think, by the
testimony Of his witnesses, that they are not IN his
handwriting. His original connection with these
parties was In employment by Rlesenberger as CLERK
at small salary, and from Resenberger he was
transferred to the office Of Korn Wildwood. 1t Is
conceded that he did nothing there but what 1t was
his duty to do as clerk up TO q certain period.
Then he was sent Brooklyn to II he could
find man whom they could corrupt That testi-
mony Is given by Riesenberger: but Riesenberger
was not present at any Of the interviews and he
have concluded in regard TO this case to
bear in mind the fact that when Dickenson
ascertalned that there were charges against
him he voluntarily came to court, offered
ball. and asked for an examination that he Is
nesses called in his behalf give him q good name.
The witness called against him to corroborate
Riesenberger is a man interested In securing his
conviction in order that he himself may not only be
discharged by the authorities OF the United States
but also that he may secure himself from prosecution
under the statutes OF the State OF New York. 1t has
occurred to that TO that case and in all cases
where Riesenberger is not cOrrobOrated by other
testimony, tnat should hold his evidence as entitled
to more credit than that given by the witnesses
on the part OF Dickinson. Arnold proves c0nclu-
slvely that Riesenberger was surrounded by men
sary without any help from Dickenson. have come
to The conclusion that Arnold, with such man as
man as Dickinson necessary to carry out any
fraud against the United States. have
therefore concluded to discharge Dickinson.
have somewhat misunderstood the evidence There
Is no positive evidence that Laidlaw originally
approached by Dickinson to carry out these forger
ies Resenbergsr said he was sent over for the pur-
pose OF seeing him, but he don't know that he did
see him, and Dickenson cannot be witness in the
matter. In regard to the certificates which he was
giving as to the payment OF the tax. do not under
stand that there Is any evidence that those certin-
Gates up to the time OF signing In La Fiuras were
false. As to the certificates given on the filing Of
the bonds, do not understand that any OF these
bonds and Russell was on hand signing them from
day to day as was reqniSed. assume that
the certificates @ 1aat bonds ,, were hied were were
were worthless Is the most difficult matter to get
along with. 1t looks as If Laidlaw had been taking
bonds there which he had no reason Co believe were
worth dollar, right straight along. The witnesses
say that the business done there In loose man
looked like a. pond: but don't think that according
the evidence, 1t looks like conspiracy with others
to deIraud. When we come down, therefore to the
eitihcates which the witness Riesenberger swears
were signed in La Fiuras saloon, II Is evident that
they we're signed at time when Laidlaw had no con-
were signed after the question OF getting up col
lector's forged seal was discussed, and In
agreed that If they only had forged seal it would
save getting signatures, because the latter could
signatures were forgery: Among others is the
cashier. John L. Spader, who swears that they are
so like forgery that they would not be accepted as
his signature hold that the testimony in behalf Of
Ladlaw proving conclusIvely that they are, be-
you'd all question forgery. have no difficulty In
coming to that conclusion. Rlesenberger himself
states thai there was no difficulty in forging sigma
lures, provided they had the SEAL As TO how the
seal was obtained = matter cannot account for,
but when man whose appearance before me shows
that he Is not entitled 10 hold any position OF trust
honor. nor entitled to credence as witness, and
connection with the Office ceased In Augustine had
the keys to the safe In the Collectors oce, and
took them to iiesenberger without saving word to
anybody and thence 10 his home, can very easily
understand that there could have been no difficulty
IN procuring seal. Assuming, therefore, thar Laid
laws signature Ii forgery, it brings with II the
presumption that Laidaw's signature could not be
readily obtained for these papers, and the contrary
would be the case n he were q party. The case as
against him Is where be Is entitled TO the benefit
OF doubt, ana have % concluded that there Is no
charged. But to the receiving OF those bonds
there Is no doubt but that he was guilty OF culpable
could then be prosecuted. But that is matter for
the District Attorney. Ladlaw aud Dckenson will
be discharged and the other parties held.
The Commissioner stated tnat he thought both the
Southern and the Eastern District had jurisdiction
IN the case and Il for the District Attorney
decide In which district he would have the parties
brought before the Grand Jury.
Application was made for the reduction OF ball
demanded for Whimster, who has been in connne-
ment ever since his arrest HIS counsel stated that
$4,000 could not be given, and furthermore, that
the amount OF MINISTERS property had been very
much exaggerated. He said that his property was
ell in q safe In New York under seal, and had been
attached by the authorities Of the Southern District
The Fever ship-The Carpenter and Boat.
swain Held to Await the Action Of the
Grand Jury.
James Giynn, william cruthers and Joseph Mur-
phy. officers OF the ship James Foster, Jr., were
brought up yesterday morning on the charge Of mur
der They had no counsel. Assistant District At
toruey Paris said he had Informed c. II. Marshall
4 Co.. the consignees OF the snip, OF the fact. and
that he had received no reply. The prisoners were
held to appear before the Grand Jury, which IL now
n session.