The New York herald., 1869-11-14

tials F A. H." at the TOP OF the last document rep
resented the name OF Francis A. Howard, CLERK IN
the drawback bureau OF the Internal Revenue once
that they were In his handwriting, and were his
'check' that it was ''al right.n
HIGHLY INTERESTING STATES EVIDENCE.
William @. KOrn was then put upon the stand ana
testified as follows:-In 1885 was clerk for X u.
Caldwell Co.. 220 Pearl street, engaged In business
as internal revenue drawback brokers; on May ].
1885, they moved to 2s4 Pearl street; was hrst en-
ployed by them in the latter part OF 1865 and con-
nued with them TILL the spring. 1867; his salary was
stopped IN the fall 1885, but the money did not STOP
he had then something better OF 1t; ne was familiar
with their business; they talked freely with him.
shown the wltness) Knows the paper; this certif-
cate was given TO Caldwell by Charles r. Squiresi
the mark diamond. r. W. was not on II; II
Wells hand; the Custom House certificate
exhibited TO the witness) Is In the handwriting
OF Joseph T. Wildwood; witness Is familiar with the
stamp on It (meaning the red ink stamped words
ION outward manlIesp) saw y out Of the Custom ON
Ga Gnoase az the ONCE OF r. .. Caldwell 4 CO.. MT:
knows Mr.. Batchiord's initials; saw them more
tnan hundred times; those on the paper are Mr.
the handwriting or X. Mullgan. who had an office
at No. 1870 Pearl street; the body OF the adavlt was
Il was then taken INTO the private onlce by r. B.
Caldwell and r. Mulligan; the paper went IN with
out any signaturs and wnen 1t was brought out OF
the private o1lce II had the signature; witness was
then directed TO take the afiiavit to the
notary; nobody went win him; there was
witness took it to the notary, who signed
it; no such man as Richards was there; witness is
familiar with the handwriting OF the signature; saw
1t frequently; 1t is Mr. r. Mulllgans, The endorse
ments on the uraft being shown the witness he said
that Mul!lgan was the company OF 3. NJ. sohnson &
Coz don't know who b. NJ. Johnson Is; the writing
OF the first endorsement r'3 NJ. Johnson cor is
Mulllgan :: so il also the second (''R. Mulligan"l
MORE DAMAGING EVIDENCE on cRoss-ExAniNATIoN.
Cross examin ed by Judge Quackenboss-is twenty
one years old; was then about seventeen years;
the something bet:er'' was interest the draw
back mone xew % ,eat t sae claims o were ere
tween s4 900 and $4,000 In commissions on drawpack
claims he brought to II. b. Caldwell Co.; lie was
arrested in January, 1869, aud indicted for these
frauds and is now under Indictment; stated all the
fats he knew to Mr. Pierrepont about a month or
six weeks ago; did so under advice OF his counsel;
no inducements were held out to him to reveal all he
knew; his only motive was that he did not see why
he should suffer while dozen or more who made
much more money should 20 free Joseph I. Well
wood was bookkeeper for X. B. Caldwell Co.; the
notarys office was at GA Wall street; has been lii the
habit OF going TO the same notary with other similar
frequently there; saw Mr.. Samuel r Blatchforq at
Caldwelrs frequently: from two to three times
week; Blatchford was there often with Mulligan;
witness remembers the papers in this case from the
amount because 1t was the largest clam they had
made. -
WHEN RoGUEs FALL OUT, ETC.
In answer to q question by the District Attorney
the witness koon stated that he remembered u cou-
troversy between Caldwell and Mulligan about the
division Of the money; Mnliigan refused to pay the
money over after 1t was collected
The examination was then continued. Null
gan admitted he had received the draft, but after
wards said he hadn't the money, he had lost 1t III
specuiation; Howard, the clerk Mt Washington, in
the Treasury, advised Caldwell that the draft had
been sent on; on al the other claims SO far as wit
ness kaows, Muillgan handed over tue money TO
X. b. Caldwell. ~
IHE THEORY OF THE DEFENCE.
The District Attorney here stated that he did not
object to the line OF cross-exanination pursued Dy
counsel. II they wanted to go into all the other
cases very well; he would as lief % 40 IL now than
would not object, but only give fair warning.
Judge Quackenboss was satisfied, and continued
the cross- examination. in answer to question the
witness said he had understood from Mr. Caldwell
Judge Perrepont again rose and said that he
would give warning that If counsel go into tnat SUBJ
ject-the relations between Caldwell ana Mulligan
in all the other clams-the District Attorney would
also open the whole case at once. He was satisfied
and would not object
Judge Quackenboss, in reply, stated that he would
inform The Court OF the theory OF the defence on one
point that an Indebtedness existed between the
two Mulligan being the debtor; that he retained
part Of the last draft with the consent Of Caldwell
gave his note for 1t and assigned some leasehold
property, the assignment OF the leases being drawn
by himself Judge QuackenbossD, which note aud
assignment Caldwell still holds as security for the
debt.
The District Attorney then resumed the direct
examination OF the witness. Caldwell said that
tnat Mulligan mad been paid wen enough fol
much Muigan paid; from the entries
In the books witness Judged that Caldwell received
tue Whole amount OF tne OLneF CldlnS. III answer
to a question by COMMISSIONER OSBORN, Korn stated
that he knew OF no other interest Mulligan had than
what Caldwell had told the witness. In reply to an
inquiry from Judge QuackenbOss he said, that by
al order from Washington the time to file drawback
claims expired with the ist OF November, 1885,.
MORE IMPORTANT FACTS-A "NiCE THING.o
BY the Commissloner-Saw Mulligan 2l out the
blanks in the afldavit signed 'W Rlchard;u NULL
gan knew the claims fraudulent; he often SAID
what o nice thing was; five or six months ago
witness met Mulllgan on the ferry, aud
he said, witness need not be frightened that
In Ltnv he
gave reason for 1t; Mulllgan often came to the
Office Of Il. b. Caldwell a. Co.; made 1t his head
quarters: he looked at the papers laughed and said
ernment couldn't do anything against It; he said SO
In Caldwes office during the year 1866, In the pres
ence OF witness, Wildwood, John $. Caldwell and X.
b. Caldwell; witness was The Custom house clerk for
the firm, WILDWOOD b0Okkeeper; they all understood
the whole thing; II was freely talked about among
them, and Mulligan alsO witness rec0llects one case
particularly; Caldweii sent on lot OF claims one
afternoon; 1t was big pile; Mulligan laughed and
said 1t was nice thlng witness was posting books;
Mullgan said 1t was oil right; government can't do
anything even II they find 1t out.
stated that they would be prepared to prove That
Mulligan had no interest In the claims, collected
the money only for the accommodation OF Caldwell
and received not cent IN payment; but he would
ask for an adjournment, which was not opposed by
the District Attorney. The further hearing OF the
case was then postponed to Friday next Novem-
ber 10.
Just as this case closed, a deputy marshal ap-
Howard custody, the gentleman referred to above
rs clerk In the Internal Revenue Bureau
at Washington during the time these frauds
were perpetrated. Mr.. Howard was arraigned
on the charge, and SAID he would prefer
tile examination to proceed at once. 1t was
however, set down for next Monday, and on the
suggestion OF Assistant District Attorney A. II.
Purdy bail was fixed In the sum OF $4,000. Mr..
Howard few minutes later paid visit to Judge
Perrepont in his private oce in the building and,
with great GOODNESS of tone and self-assured man
ner. SHOOK hands with the legal prosecutor Of the
Unv cav I FIJI
some time intended to call upon you and make your
acquaintance to talk this matter over with youn
which refreshing remark elected quite smile from
the District Attorney. Howard's counsel called
afterwards and sought to induce Judge Pierrepont
to let the bail bond Tor $4,000 which Howard fur
nshed when indicted last spring stand valid in the
present case In lieu OF q new bond but the Judge
refused. and, the hour being late, Mr.. Howard
was remandcd to the custody OF the Marshal.
WHEREABOUTS OF Mr. BLATCHFoRD
warrant has also been placed In the hands OF
the United States Marshal for the OF Mr.. r. b.
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