Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-02-07

THE TENNESSEE BOUNTY FRAUDS.
Trial Of ex.Congressman stokes.
The case of VIVA. B. Stokes, late member of
Ccngress from the State Of Tennessee, charged
with receiving monty for prosecuting claims
against the government while he was Repre-
sentative in Congress, Was called in the Criminal
Court, Judge tartter presiding, this morning.
hessrs. Harrington and A. b. Williams APP
kde and foe as fos n.
accused.
The following jurors were called and sworn:
b. T. Swart, Il. Il. OHutt. f.. j. Middleton. jr.,
w. Coke, Jas. +. Ray, Alfred Day. Chas. Sioussa.
G. Hicks, A. Robinson, b. Mem, NJ. Nash, and
George 4. Garrett.
Mr.. Harrington opened the case, reading the
act of February 10th, 1858, under which the in
dictme mt is found. This law provides tn at any
Senator or member of Congress who shall act as
agent or aid or assist in the prosecution of claims,
for compensation paid or to be paid, receive q
gratuity or share in such claims shall be dee med
guilty OF misdemeanor, aud on conviction shall
be punished by fine not exceeding S5 600, or
imprisonment not exceeding one year. The Facts
were that during the war one Beatty gathered
together, in Fentress county, Tenn. a company of
men known as Captain David Beatys lndepend-
ent Scouts, and they expected TO prove that this
company never numbered over 80 men, and THAI
they they dd nc, rot serve the time claimed: After the
close OF the war u Was proposed that this COM
pany should be paid, and Stokes procured the
passage or q bill through Congress, and was
paid SO COO for his services. Whether Stokes
knew that the claim was fraudulent one was
Eot material to this case, but he believed that
the proof would show that he knew ct the time
that the claim was fraudulent.
Mr.. Riddle said he waived any objection 10
the Indictment because nothing would be gained.
They were charged with the commission of 102
crimes III this very vague Indictment, in which
the claims are not spo Ken Of as fl audulent. The
only question TO be tried under it is, did or did
not Stokes act as agent in the prosecution of
these claims, or did he aid or assist in their
prosecution. 1t will be shown that these claim
ants were constituents of the accused. and, nat
uIally, they applied to him and he aided them
Ha a not arf o. rarat nr IL.
either before Congress or the Department, but
only did as was the custom of members OF Con-
gIess@look after the Interests of his constituents
MIR. Biddle claimed that Stokes made a trip
back to Washington to look after these interests,
and having been stricken down by sunstroke
and sickness when the Beaty's were paid, they
gave him (StOkes) a sum of money, but not as
compensation for his services. 1t was admitted
that Stokes was member of Congress at the
time charged in the Indictment.
Capt Ddrid Beatty, the first witness, testified
that he knew of a company known Captain
David Beaty's Company of independent Scouts,
of which he was the captain. He had some
times 80 and at others lG2 men under his com
mand. Witness was present when they said
they were making out a roll. He had had con-
versatOn with Stokes in reference to the claims.
He had never made a contract about the amount
to be paid Stokes, but when witness drew his
money Stokes charged him g, 800. Witness re-
fused to pay him at first, but at his sons sug-
gestion he went back and paid him ~ 500. 1t
was on the night Of the day he received his
money that he paid Stokes. 1t was for what
not lose anything by aiding them. Stokes un-
derstood this before the bill was passed. Wit
ness claimed service for three wears.
CIoss-examipeG:-Had heard il said that he
bad been indicted in this conrt The prosec utine
officers had not told him whether he would be
prosecuted or not. Did not know anything
whether he would be tried Mr.. Riddle.-"You
won't be-" Mr. Harrington.-"T That's sO."l Did
not tell Blackburn that he would not be tried.
Came here in August, 1870. with Stokes, Hat
field and Claiborne Beatty. Stokes wrote to
them TO come hy his house and come to Wash
ington, and they did so. Stokes said that he
ct me in reference To fixing a bari at Lebanon,
Tenn. Hatfield and Stromier furnished part of
the money. They were here several days fixing
up the roll and doing other things. Witness
paid him for passing the bill-Si 100 for himself
individually and 81 400 for his sons.
ONCE produced stub books, showing that the
Beatys were paid March I'd last, and were iden-
tilted by Hon. Mr.. Stokes, of Tennessee.
Claiborne Beafy:-Witness is q son of David
Beatty received over SO, GOO; paid Stokes some for
his services, he (S.) stating that he had had a
heap of trouble in getting the bill through Con-
gress and the claim through the department.
Cross-examined:-He, Jim and the cid man
were present when they paid the mt " to
Stokes; in the August previous Stokes said he
expected TO be paid.
&ojor W. H. CIopp.-witness is first lieutenant
in the 10th infantry; went to Tennessee in July
last, under orders; had an interview with Stokes
in Nashville, telling him that he was inquiring
into these claims. He [Stokes) said that he had
August, and had got sick in looking after their
interests, but he could not complain, as the boys
had paid him. Identified letters as in Stokes
MT Harrsngtcn ,sad The letters dated Deem
Der 9Th, 1870, December 9th, 1870, Decen Der
26th, 1870, January 18th, February 10th, March
18th, March 18th, and April eth, 1871. addressed
to Hatfield and others, in which he speaks Of the
difficulties encountered, and says: "Do hope
Tinker and his boys will not forget me-" Also,
sold Flint is on hand. The last letter acknow-
lodges receiving SO ,0O0-S7 800 from the agents
and 81, 500 from the officers not for getting the
bill through Congress, but for leaving his home
ingtOn, and prosecuting the claims through the
department, and stating that he would not go
through the same again for three times the
amoanUs He refers to the fact that names had
been placed on the roll which did not belong
there, and others who served three months were
on the roll as having served three years, and
the officers had sworn TO il.
A recess was here taken.
On Resembling, Charles H. Noulton was
sworn and testified that he was clerk in the
off ice perhaps a half dozen times in reference
to the claims twas customary for members of
Congress to call in reference to claims.
EIi Hatfield, swOrn.-Witness was connected
with the claims; recovered some of the money,
so, 40. The whole claim excepting the officers,
for $50 eco to SOS .OO0 Strohmier got SO 600,
S.V Powell So 200, Bowman SIG 900, and Stokes
$4,000. Stokes claimed sI7 ,OOO-one- third of
the profits. Witness refused to give Stokes that
amount of money, and Stokes said that he had
VIII euu Nc (dotneluJ cOuiunt GET out OF town.
that he would put him would put him where
the dogs would not bark at him.
Cross-examined. - Powell made the same
threat.
G. A. Bowman testified that he had conversed
with Stokes in reference to the case, and he ISL
said he had received 81 800, and he wanted
80, 500 mole, or he would make a stink. Stroll
mier and Powell were present, and witness adj
vised that the 81 500 be paid. Stokes represent
ed that it was for engineering the claim through
the department.; that he had not agreed to take
any money until after the passage Of the bill.
The prosecution here closed.
Mr., Riddle read the dispositions of j. M. Baird
that Stokes left Tennessee with Hatfield, Stroll
mier, and the Beattys, to arrange the claim, in
August, 1870; that he returned sick, and was
confined to his house eight weeks; of q prac-
tcing physician, that he attended Stokes from
August Sd to October; of other parties, as to
conversations between Stokes and the Beattye,
in which the former said he could not charge
for his services, as he was a member Of Con-
gress.
Judges Houck and Crawford testified that they
never heard Mr.. Stokes character s n man of