The sun., 1872-02-16

IChurch'O handwriting, and that consequent
y IL is evident that this mans name
an essentially fraudulent operation with the aI'-
pearance Of regularity that among the papers
written and signed by MFR. Chome, who offers
Roberta muskcts at $40, and cartridges for same
at sJ per thousand, while In the invoices made
out Ia the name Of Church, the same muskets
arc charged NJ S2,, and tho cartridges ut 50 per
cheated by means of n fictitious and fraudulent
sale ont Of the difference between The pi,o real
~ paid, and that charged In tho invoices.
THtVD CHARGE.
on the third char,c "'rhc purchase ~ Il
Calling guns for 2,S1'n france" tho Court
found that Place acted contrary to his formal
instruCtions, by which, under date, October Is.
he was ordered "to arrange with Remington
for the. purchase Of Is or 70 .Gatling mtrail-
consulting or even advising Squire, Remngton's
,es agent, OF thg purchase that Place has tried IN
purchase by enJeayorns o to PROVE thsi Squire s
was absent from New York, and that hs absence
sSa SMas 6% s 44n s6s 6as
tiwenty-tour hours at time, and that he was in
purchase Of these Gattllng guns; that the house
of Messrs Colt, at Hartford, Conn, Ia the only
mitrallcuscs; that, nevertheless, these were pur-
chased from the house Of Schuyler, Hartley Il
Hrahain, VINO, as explained above, increased the
prices OF everything they sold by the amount Of
commission which they consented to pay to
Place or to his agent, Chauyiteau; that among
flaces papers which were seized one appears
by which mltraleuscs were offered TO him % per
cent. lower than the price he paid for them
that moreover at a later date, namely, In De-
ccnbor, 1870, other n itraieuses were furnished
by Remington, and that the the prices charged by
Place, and that IL is proved not merely by
Remngtons affidavit, but by that Of the lrm Of
Colt from whose fartory all these mitralleuses
came, that the prices Of them did not vary Ia tho
months Of October and December, and conse-
uucntly, that The real price Of the mitraileuses
furnished 10y Place could not hc above that OF
those furnished 10y Remington two months after
ward that the difference In tho price charged
a.
Chauylteau 10y Schuyler Hartley q Graham,
and that the French Government was swndlcd
out OF this amount.
FOURTH CHARGE.
On the fourth chargc, The charters of
the Erie and Ontario the Court found
that tho Government had been swiudcd
out OF the difference OF one hundred and ten
shillings per ton, the price charged by Place,
and that Of seventy-siy francs, al which Remng-
ton chartered the Concoriia, the city OF Bucnos
Ayrcs, the Acadia and the Riga. lt was also
proved that at the time Place, or Chauvtcauc char
tered these vessels at one hundred and ten francs,
other y.sse,-were offered them s-a Mr.. Rad
cline IsrdwTf, a ship broker OF NeII 6rk, at sey-
enty francs per ton, and that contrary, or
rather In opposition, to all custom n commission
of per cent on the freight money is charged
or paid TO Chauviteau, whereas according to the
custom OF New York It Is the ship which pays
for obtaining charter commission Of per
cent, opc-half Of which ought to have been
credited to the Government instead Of paying
out per cent, n difference to the Goyernment
that neither Place nor Chauyteau could be igno-
rant OF this law of the port Of New York, and
with the full knowledge Of Place, who accord
ing to Places own letter was engaged by him
to do his Urrands To- visit the firms supplying
the arms, to hurry up the deliveries, to oversee
the shipments, TO act as Interpreter, TO put him
self at the disposal Of the Consul for any orders
which he might think ft to give him, aud to give
him accounts frequently during the day of what
he was doing" and that consequently Place and
Chauviicau had perfect Understanding between
each other and divided between thcm this
money out of which they swindled the Cow
FIFTH CHARGE
on the hlih charge, Commission Of per cent.
claimed, collected, yud deposited 10y him under
the title Of usual consular commission the
Court found: Place admitting the fact OF hay-
lhs charged on thc invoices, and collected this
commission and having deposited over G.J.uuD
francs resulting f,om IL to the credit ofhls own
private account with his bankers, Jame' Kings
SONS, that Place as Consul q, neral owed an his
time aud services 10 the Government, and that
the critical circumstances iu which France was
more imperative. that Place pretcnds, IN self
QUALIFICATIONS That precodcui- warranted his
ltcmiuc tl.s cuumls ON bis just due, aud that
besides II never hid been disputed, and hc
has reimbursed the creator part uf 10; that tc
.ctcdcnts tcfrrr. To ty Iac, prove ON thc .ut.-
uarf that hc had no rsht o. thc commission.
anal That hc could uut possibly hc ignorant Of
tta, fact; that Place claims. that when at
forage on account uf thc French Government.
AMI alleges that hC Was promised q commission
OF two per cent, md t.uat uc even htd contract
formally signed hy the Minister TO that effect,
but that hc produces no proof OF any such pro-
mise ON the contrary no such commission
had ever been paid him, aud he accepted
a lfC. Dut Ol 1000 frames, which he CCrtuiuly
would not have arcrptcd If he had iu his posses
sion an engagemcnt signed 10y the Minister 10y
which he WIS entitled to a promised commis-
sion: that when Place. accounts with THIS COM
mission added, were received 10y the Committee
Of Armament, they replied that the commits
siuus would he arranged In france, thereby not
accepting, but on the contrary making formal
reservation both "a to the principle and as to the
amount; that notwi outstanding this reserve, Place
bankcrl Gr.UOO francs, and embczzled this
amount which belonged to the French Govern
ment; that the partial restoration OF this money
was tardy as nne lur,lbiy ana IN
der constraint for while by letter Of Dec.
81, 1870. he insists ON being furnished with
a 1nal statement OF settlement, In March, le,l,
he writes To the Minister Offering to consent to
redu.uun oi 9ht-hdli, ana II y oniy on June
Is ISL after his conduct has been examined
into and appreciated by the Committee Of In
quiry, that he consents to make restitution 10y
the remission OF bona upon MS private banker;
that this restitution made under such Circum-
stances may attenuate, hut cannot disproye the
embezZlcment committed 10y him and that, af-
ter all, the restitution has been only partial
one, for sum Of 1900 francs has never been re-
turned.
on the sixth charge Commission of one per
cent. paid to Chauyiteau the Court found that
all Place had right to do WIZ 10 empluy "A
broker for the charerlng of the vessels, To whom
| special operation that he has ceIlarly charged
| In his account, presents paid To the eIn-
ployees of the consulate, and even hsed
monthly salaries to some strangers, for
errands and work which the superintendcnce
| OF the shipments rendered necessary, aud OF
| tending supplies and shipments, revising in
Vuurcs and bills Of lading Mr.. Place washed his
| hands, but that he had no right TO allow PRO-
| rata commission on all payments, which COM
| mission amounts 10 "A sum out of All proportion
| To- the services which the agent talled brokcrl
| was called upon to render; but that, although
| I'm this Place has most grayey c9mp'umised the
| Interests entrusted To- him, the allowance by him
| Of n uru-rata commission does not constitute In
| a cell point Of view an embezLlement punish
| able at law.
SEVENTH CHARGE.
on the seventh charge commission Of -
| cents the Court found that, hya declaration
made by Squire, kemington's agent, before a
| notary, Chauyiteau proposed To him, In order to
make, as Chauyiteau stated, matters easier ttitts
| cOaidHtsl with the Consul, that he (Squrel
| should make him (Chauylteaul a present
| OF 5000, which he subsequently consented
| to reduce to $500 and besides to charge
| In the Invoices, as "incdentM expenses" a
| commission of 20 cents for each arm and for
each thousand cartridges, this commission To
| be divided one-thrd To Remington and two
| thirds 70 the Consul, to whom Chauyiteau said.
| IL would make up for a usual commission to
which he was entitled that squire consented to
| this, paid ChauyicHu the $500 and charged the
| p cents on the invoices as incidental eX-
| pcnscs,' and that these amounts were paid by
Place that as to the s2,An, Place prctcnds that
| ho mayer know that ChntlXitpuu had received