New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-12-31
WASHINGTON.
AN ARKANSAS RING.


JUSTICE IN TIE CASE OF MARSHAL BRIrToN-
GLARrNG FRAUDS on THE GOVERNMENT IN THE
NATTER OF FEES, MILEAGE. ETc.-DIsREPUrABLE
MEN EMPLOYED As DEPUTY MARsHus-A COR
RUPT RING AT FORT SMITH. COMPOSED OF MAR
sHAI BRrrToN. COMMISSIONER BROOKS, POST
MASTER SCOTT, AND oTuERs-No PROSECUTION
OF BRrTroN BEGUN.
lBY TELEGRAPH THE rRIBUsEl
WASHINGTON Dec. 3O-The complications relating
to the question of confirming Acknowledgement
Williams have called attention 10 three reports maze
in regard to the condition Of affairs in the Marshas
office in the western district Of Arkansas, made 10
the Attorney General IN January and February ana
October of the present year. The reports were mace
by II. C. Whitley Chief Of the Secret Service force,
based upon the results of investigation made by
i. b. Whitney of that force, and extending from
December, 1872, to August last
The first report. received at the Department Of
Justice January 20 last, sets forth that William A.
Britton, United States Marshal, had serving under
him l40 Deputy Marshals. who derived their support
from the fees they could collect and that "a 1t was
their interest to make all the cases possible, they
allowed to roam over the country at will man.
ufacturing cases that one-thrd Of all the fees OBJ
tanned were retained by the Chief Marshal, besides
10 per cent upon all gross receipts from fees which
DilttOn ClalHeu nc htpt Noh'hSN"' $1,000
For the remainder he issued checks, in the form OF
due bills, which could not be cashed for more than
so cents on the dollar. These were bought up by
Postmaster Scott and Judge Story, United States
District Judge at discount of 80 per cent. Col.
Whitney attended court and reported that the cases
were for the most part, of trivial character, and
yet all we're treated and charged for as cases before
the grand Jury An abstract of the expenditures OF
the District Court named 25j persons said to reside
at Fort Smith and to have served from time to time
rs posse comitdtus Marshal Britton certified that he
had paid these men $23,6l0. An investigation
showed that of this number of persons named only
40 resided at Fort Smith; that the others were
unknown in that section Of the country, ana
that of the 6 only % had served in the capacity
stated. Many of tho deputies employed turned out
to be thieves and murderers and many opponents OF
the Republican party, and all were allowed by the
Marshal TO range over the whole district and make
arrests when and where they pleased, without pro-
cess or warrant, and the most trifng ofenses were
brought to Fort Smith. When one person brought
in several prisoners he would get other persons to
make returns on warrants obtained from the Com
missioner and then collect separate mileage posse
fees, and subsistence, and all these things were
allowed by Commissioner Brooks and Marshal BRIT
ton.
On one aDSLIaCt DIlttou h'tho' o"'' o"'ss ~
paid one Fleming SELL The latter testified that he
never received it, Britton also swore that ne had
paid one atson 1856 as posse fees. The only Wat
son in the place was O servant, who TOOK care OF
Britton,s horses, and who never served. A livery
stable keeper, named Lieth, who boarded Britton's
horses was charged with $2i0 for services deputy
| though he never 80 served merchant in the
nlace according to Brittons oath, received S345 as
denutv though he never served as SUCH AT one
term or court Britton dismissed one jury, sum-
moned according to law. and made up one OF his
own selection. Of $50 confined in Jail, over half
were discharged when the court met. because there
was no case against them. The United States Com
missioner was in the habit Of issuing and
dating back warrants of deputy marshals who
had been to tho Indian country. case
! is cited of an Indian woman brought from
| Cbickasaw County to Fort Smith, on Sept %. and
| the warrant dated back to Sept. g. The woman was
arrested on the statement of negro, that she had
| stolen cattle. After commitment one day she was
discharged the next because there no evidence,
and full mileage subsistence and posse fees were
maid Brtton said to the Marshal that he could not
| allow over IS days in any one case but Marshals
we're urged to take any one against whom there was
the slightest charge and bring him on to Fort Smith
without warrants. They could get the latter when
| they arrived. When they came in v..h large lot
of prisoners they were allowed by the Marshal to
get other deputies to make returns for part and thus
| multiply tho fees The Commissioners who made
ont these extra papers, allowed ten per cent on
| the fees for filling mp the blanks and swearing to
them. In one case 900 miles allowed, when the
distance actually Travelled was less than 200. Those
who made up these papers were publicly known as
| Returning Marshals.
The report gives the Ring at Fort Smith. en- gagged
| in these frauds as Marshal Brittou u. s. Commits
sioner Brooks, Postmaster j. g. Scott J.W. Donnely
Marshals clerk, and H. A. Pierce, editor of The
| Patriot This first report closes by recommending
| that the Department refuse to pay all claims OF
deputies, marshals accounts, and posse fees till a
full judicial investigation can be had on the ground
that not one in ten are entitled to one-third the
amount charged. In many cases whole cases are
fabrications. When the report reached Washin gton
Britton's name was pending before the Senate fol-
confirmation he having been reappointed during the
recess the previous Summer at the instance of Sena
tor Clayton. His namo was not withdrawn, mol
was any representation of these facts made. The
| next month, however the Senate rejected him.
On Feb. 10. o second report reached the Depart
ment of Justice from the same official source, set
ting forth that further investigation developed the
| fact that Judge Story was fully acquainted with
| the general character of the frauds named IN the
first report, and some of those in the second were
given moro in detail. Persons who never left town
were allowed and paid full fees Of all kinds for
hunting after prisoners, when those pretending to
search had never left town, and the same persons
were allowed for arrests made at distance, when
| they did not leave town or make any arrests
The chief Deputy Marshal Donnelly, Postmaster
Scott. merchant named Lanigan. formed Ring
to buy up certificates issued by Donnelly. When
money came from Washington, Britton turned il
over to Donnely the latter passed it to Scott and
Lauigan. who turned it into currency. They then
allowed small drafts upon it, and then claimed that
balance was dine them ON the certificates they held