The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-12-13

El-Ip STATES vs.. kUSn BCRGESS. toLLEC-
~ ur internal REvE&u E.-Commissioner
i>aa II. Shields concluded the examination
q. n, case Of the United States rS. Rush
R,rces, Yesterday. Mr. Samuel Il. Good.
man. OF the Treasury Department at Wash,
in,,on. vas called to the witneSS-stand, and
the original gauger's reports, that have pro-
d9cat! - much trouble, having been for
,y4rdrd br the Commissioner of Internal Re.
y.nue. were placed in the witnesses hands
'or identification. lie said he thought the
.i-naturc ol Rush Burgess on them was
similar 10 his signature rs he had seen it on
afh.r pay-,ccounts received at the Treasury
department. and he believed it to be his.
The Collector voluntarily brought into
.1nri the -auger'> daily returns for Septcm-
',r that he had refused 10 produce Thurs
d.v. They were compared with the returns
III 10 Washington. and found TO agree, very
nearly.
The witness whose evidence to all iuteutS
md purposes settled The case was next IN
,goduc"d.
Mr. Otis II. Russell. deputy collector
,or the Third district of Virginia, testified
ma, the nam, of Rush Burgess signed to
H. returns for september had been ,cfttte'
D., INN upon the recommendation OF Mr
kurr, the examining clerk; that Burgess
must have been absent at that time else Mr.
Burr would not have brought the paTers tc
him for approval and that he was confident
hat Burgess had never seen those particular
r.turns before they were brought into court
ir laid ne was authorized by power o
attorney from Burgess, and approved 10y
H., Treasury Department, to Use Burgess
official signature whenever he might be ab
-"nl or the eXigencics Of The business OF the
oN,, required il; that the written authority
nt> in his possession, and a copy on hlc al
III" Treasury Department.
Gtamgrr> returns for two separate days
lugrorting to have been signed by Johnson
were -hown witness, md the fact that the
>i-GItj,res were very unlike was explained
p, him. He said that it was we'll known at
'b. custom house that johnson signed his
name in two ways-one be generally used
lpon rhecks, and the second on other occa.
>i1nS.
The Commissioner said have full conf
,I,nc. in YOU, Mr.. Russell, and ! want tc
know ,or my own satisfaction, Doyou think
Mr.. burgess knew the contents OF these
pagers:
The witness said lie was confident thai
Burgess did not know their contents. and
,lled that he assumed the responsibility ol
>-ning them upon the recommendation ol
Mr. Burr, the examining clerk.
M. q. NJ. fleck testified that he had
,:lused for johnson several days during
September, and had used stamps that had
teen signed in blank by johnson. and used
lohn>on's brand. Ibis was done by John
IN ; request, and In his absence. Mr. Bur.
2">> could not have known anything about
~" matter. All Of Witness official lnter'
course WAS with Mr.. Burr.
i. J. johnson was sought for by the der
utl marshal without success. When he was
looked for at his house the deputy was In
formed that he " had gone cunning" Though
The prosecution regarded bim rs material
"itnc>s the evidence here closed, and the
District Attorney said that be thought the
Government had failed to fully make out the
'a'e as charged in the warrant, but Us
he accused might be chargeable with neg!i'
-.nce he would ask that he be rent on to the
grand jury.
The Commissioner said: The statute
under which this warrant was issued Is
I"cular one. As far as criminal intent on
the part Of Mr.. Burgess to violate the same
= concerned, the testimony in the case fails
~ TbDN ttiut HC DaS uUtlC 81 III thS oA'S5 oSS~'
degree. As to negligence in his office, as
charged in the warrant, in signing or allow
ing accounts to be signed by his deputy
without the proper inquiry into the matter,
'!ire Is no evidence that he was aware OF
aD!ihing of the kind. His deputieS-Mr.
g. II. Russell aud Captain Burr-were
worn officers Of the Government, and il
my mistake had been made, or negligence
romlutled, they bad not only assumed but
"ere the responsible parties, and he would
therefore discharge Mr. Burgess.
In Justice 10 the cunplainauts, who swore
OUT the warrant, be would say that they as
citizen, were justified in pursuing the
course that they did in view OF all the cir.
cuulslances presented, prominent among
which was the fact that it was generally
Known that johnson was away from the ci y
IN september, and that upon his return lie
drew pay for that month.