New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-09-03
LOCAL. MISCELLANP.
THE BoGART COURT-MARTAL.

IHE BOGAhl IlAl"
CLOSE OF THE observation-disclosures DE-
FENsE-SERIOUS CHARGES AGAINST PAY
MASTER CLARK.
TIE Naval Court Martial convened at the
Brooklyn NavyYard to try the charges against Robert
D. Bogart, the absconding Paymasers Clerk, has COM
peted its sbOrs after unusually long session. and the
papers have been sent TO Washington for consideration
by the Head OF the Department After the hearing OF
the evidence which yolumnous Mr. Bogart delivered
an exceedingly wedgested address on the merits OF the
case in which he made charges of serious character
against Paymaster Clark, tho insugaor OF the accusa
ton and r. Bogart claims most perseverng not 10
say malicious prosecutor In MI. Bogarts plea IN &c
sponse to the charges he took the ground l That the
Martial had Jurisdiction in the case, for severa
reasons principal Of which was that previous to its
convocaon criminal indictment hadb been found against
him in the United States Circuit Court Of the Eastern Dis
ric Of New York for the same oense and that
ment was still pending against him. Another reason as
signed that at the times the crimes are alleged 10 nave
been committed he specifications have wide range as
10 time) he was not Paymasers Clerk according 10 the
intent Of the Of Congress OF March O. 1903 But this
q mere technically. Mr. Bogart, in opening alluded to
that charge in which he accused in making false en-
tries in the books and said that the original pay0s OF
Paymaster Clark had not been produced on the trial. the
Court admitting copies This was doing INN great IN,
jury, since the prosecution could claim Iha entries na
erasures and alterations were all his while he on hs
part not having his own handwriting to show could not
disapprove their claim. According TO the best au-
thorlties the prosecution should have produced
were rejected because they found to be unauthen
caed and contained many lead pencil entries ana YET
Of them ta unauthenticated as they were were
admitted Then again. the copies were not authentic
copies OF the originals alterations and erasures having
been made many entries. all OF which tended to his
disadvantage Nothavine me originals to refer To- his
nobe and he hoped 10 prove 10 satisfaction OF the
that the charges against him had been cohcoccd
malciousy and with intent TO make him the scapegoat
for series OF In the Paymasters accounts As to
the evidence OF Paymaster A. j. Clark me prosecutor
and most important witness, he wond say that II
was reliable In cOrrObOraed by others less m
teresed. and no further. Mr.. Clark had frequently |
CCiari'sJ safety. The reliability Of his testimony could
be Judged by this one fact although tnSIS " td
was substantially that he had discovered the robbery OF
pointed to examine INTO Mr. Carks arars, when it was
found that he had 10 knowledge OF The amount OF money
the safe contained but had based MS statement on the
books Thus his statement was 10 be accepted, not rs
the amount actually stolen az any were stolenl,
had il been there 10 steal But the most important paT
Of h testimony bearing o. S ImaSe Zee wa S. n
his statemenD cash items amounting TO S5G but me
did not mention 81 800 drawn by himself IN october ana
November, and $500 drawn by the speaker neither OF
which items had been entered on the books The Board
should have contained sllgl, but that it, actual con
tents were l3i the clerk gave the Board no state
ment, nor did he show them any OF the items
withheld, and the cash failed TO balance There
Government was bound 10 prove first that the money
was in the SAFE second that II was stoeni and, third
that he the thief II the first was not proven the
main charge must fall through. Mr. Bogart then pro
ceeded to give memorzcd resume OF the business Tor
two months previous to his arrest endeay9Ing 70 Prove
that the books entries had been obhterated ana
erased and Others altered so s 70 s vessel 10
he took g. 600 In gTeenbacks ~ English soVcfeghs ana
$4,000 In $40 bonds all Of which belonged To h except
ing the grcenbacks for which, however ho left check
on ms bank the safe. This check was aerward col
dciency in his accounts was s27,cOO, including,
OF course, the 10000 alleged to have been been
in the safe the ls OF july while his account at The
Treasury ss.2O7 II. The bcash ook showed sosC VI
Igt az
months It would be found that the safe had fora long
time been supposed to contain IN the neighoarhood OF
hand safe for extended period Why did Mr. Clark
keep large cash deposit in his safe or dd he Keep ~
Fortunately the speaker ionld explain In the Fan OF
1867 Mr. Clark drew $4,000 from the Treasury and loaned
per cent per annum His securities
uncertihed and undated checks for 1900 each, ana
these were deposited In the safe, The interest on
the loan Mr.. Bogart said, was regularly paid and was
entered upon private cash book as credit upon MI
tan Bank. According to Mr.. Cark's bank statement he
CLARK deposited $4,000 In the MetropoIa1 bank on the
5000 checks. And yet Mr. Clark had sworn that all
own private account. Thus, according 10 his own show
ing he stood before tho Court young Paymaster sup
n sporting O0 ptSS S bank AMI account Of SOoG Tor
more' year! Out o. his private tsov bank,
tho Court youches for abut $4,000 but where that
t2oOi When sent for the books by which he said ho
were lost or mislad burned, something quite AS
much 10 the point This was unfortunate for the speaker
portan element OF his defense The fact OF the matter
was he said, Clark afraid 10 produce them Each
check OH the Metropolitan Bank was entered on the
check margin, and Mr. Clark had good
and sufficient for not producing that
book. TO reduce the proposition TO figures, Mr..
BOgart claimed that Clark interested
in his conviction TO the extent of 10000 On side
truth and Justice; the other tho money. Could
the Court doubt TO which side the evidence OF such
would endf After the speaker had been arrested
Mr. Clark said TO him. "lf you viii plead guilty to these
charges my father and myself will procure your pardon
once" As to the charge Of abscondlng the speaker
claimed that he had been discharged and that he left the
ship the lst OF December after having and in
structed his lie had left the Vermont openly,
and there record that he had surrcptitiousiy
left the city. Mr.. Clark had trumpet up q
story relative 70 his Bogart'sJ transactions In
Canada, but could support - 1t by nothing
better than hearsay evidence In conclusion he begged
the Court would consider the character and
OF Clark when they reviewed his testimony, and give
that testimony only that degree Of credence which 1t
merted. The JudgeAdyOcate then summed up the case,
the cleared and the decision arrived at after
long deliberaiion. What IL is will not be known until
the memorable requirements Of the red tape deites have
been fully complied with.
In the mean time Mr. BOgart has obtained the services
Of Judge Beebe, who will go 10 Washington TO present
the as IL ID ~ Secretary Robson.
THE FRUIT-GROWERS' CLUB.
The regular meeting of the Frult-Growers
Club yesterday well attended, though s0mo OF the
older members were absent. There was on the table a
good supply OF fruit Miss Van Dyke Of Fishkll pre-
of sha ia