The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-31
the 4ASSASSINATED" BOYD.
The Sweetwater Demanding Pension Agent in
Q Bad Fix-In Court with an Array Of
Counsel and Witnesses Few Of
the Frauds Were Perpetrated-
Sorry Outlook for Boyd.


day last before the United States Circuit aud Dis
trict Courts, presided over by Judges Emmons and
Trgg, and has been the topic Of absorbing interest
during its progress. The prisoner failed to give
the necessary bail, and has passed his time in jail
wheu not In court or in custody OF the United
states Marshals. He occupies cell with four other
prisoners, three OF whom are offenders against the
revenue laws and the other accused of robbery
entire privacy not being possible owing to the
crowded condition Of the jail When brought
before the Court the prisoner, through his
counsel announced that he was not ready
Tor trial, owing to the haste with which
the case was being pressed and the alb.
scnce Of several important Witnesses The prs-
0ner regretted his absence" At the last term OF
Court, and expressed the opinion that, owing to
the prevailing public excitement, fair and impair
tial trial could not be had The anidavit for the
continuance was lengthy document, and occu-
pied considerable time III its reading, but ~ it
would not be Of general interest will not give 1t.
THE JUDGES REMARKS.
The Court refused to grant the continuance on
the ground that two postpOnements had already
occurred, and to the fact that no effort had been
made to procure the attendance OF witnesses at
the Fall term last year. The following il the
learned Judges decision
He dhe defendant Boyd had fled rom justice under
circumstances so extraordinary and carefully planned
A. to enable his bail ss he swears he intended they should
Of stu further Demanding the OF the sums ia
Or might have held with his Witnesses Whether they ar" arc
guest why he did not subpoena them What p reason
ne mas oa hereafter to expect them or had that
expected Them at even hued at in this eStaor
which we can might have given hun
or q oas m
tea preparation and could therefore, ask continuance.
Upou what ground learned counsel supposed the Court
W. an 70 soassSe s @
seems 70 have seen framed in the idea that there was
~ Nat Tie scysrn%ens, must not proeSed ''' until
$sspss:s q s.
n"ss
OF defendant fleeing from justice after trial in
and from on 18th Gne similar and
the trial, and an encouragement that ior some wholly
unexpained reason he Is not ready for trial Why s
negligence + made but IN the attitude Of accused the
action Of grand jurors and prosecutions denounced
FAILURE TO GIVE BOND.
second attempt to give bond having failed in
obtaining the requisite amount Boyd's counsel
electrified the Court and spectators by asking
leave to withdraw the plea Of mot guilty. in the
case OF ''rhe United States vs.. Thomas q. Boyd"
known as 1.-THE Martha J. Upton Case" for fraudu-
lent pension claim, which is the enc on trial. The
request brought Colonel Baxter. counsel for the
government to his feet, who expressed his sur
prise at the demand and hoped that 1t would not
be entertained but the trial be allowed to proceed
The motion was refused by the Court the jury
was empanelled, each side exercising their pre-
rogative in challenges and excluding men sup
posed to be Influenced by political Affiliations.
THE TRIAL COMMENCED
on Thursday morning, when the indictment was
read, which charges the prisoner with forgery in
presenting pension claim for Martina J. Upton,
colOred. widow Of Frank Upton, q deceased fed
eral soldier, and six children, whereas it Is alleged
that she had only four. Boyd having fraud
uiently filed up the original application, the
widow being unable to read or write, anu con-
sequently ignorant OF It's contents. In this
case collateral evidence has been allowed
pro and CON- and, In consequence many
facts in other cases pending against the prisoner
have been elected involving him In the intricaces
or web from which it will be extremely difficult
TO extrcate himself.
WHOLESALE ArrEMrr AT swINDLINd.
The defendant gave full scope to his genius In
this line in numerous instances but in none was 1t
more clearly demonstrated than in presenting the
claim OF Captain CONAN Brys0n's company Of Ma
tonal Guards an irregular body OF men, whose the
East Tennessee and western North Carolina. This
command was never regularly mustered into SER
vice. and at the close OF the war special act OF
Congress was passed putting 1t on the same foot
ing as other troops. This afforded ample
OPPORTUNITIES FOR FRAUDS,
which were practised with bodneSs that for q
time gave no suspicion, and detection only re-
suited when q genuine claim was presented for
payment at the Department in washington. when
Il was found that a fraudulent claim for the same
party had been paid. One OF this class was ex-
amined as q witness for the government. His
name was Samuel Elliott and Boyd had reported
him as having died in the army In the year 1888,
and had applied for pension for his minor chill
dren, styling himself their guardian. Elliott de.
that he had no children bearing the names assigned
them by Boyd, and disclaimed any knowledge OF
own The original ron Of Bryson's company had on
it .eghty-three names, but Boyd afterwards
added many Others had 9nt or sne w st was
In carrying out this stupendous fraud
fellow named A. 7. w. Payne, formerly lieu-
established in business at Coco Creek by Thomas
G.. Boyd, and furnished with stock OF goods for
the purpose Of buying up claims against the gov.
purchased large number. This was easy OF ac-
complishment, as at the time money was extremely
their claims at great sacrifice, the bulk OF which
found its way into Boyd's pockets and those OF his
In prosecuting claims he exercised the widest
latitude, and in many cases fictitious names we're
supplied in place OF living persons, and they in
turn "luentlneQ" Dy OtueIS cqubily lInuBlnaTy Ills
pronts were large and II he had not been inter-
rupted In his nefarious schemes they would have
been enormously SO; but owing to the energy or
the Secret Service Department the frauds were de-
tected and q stop put to them. so numerous were
the false claims unearthed that Boyd resolved on
the
PLAN or A SEEMING DEATH,
which, however, involved toe much machinery IN
the number OF persons necessarily employed, and
the deception was exposed In shert time, and 1t
is doubtful If anybody could now be found who
would admit their gulltbiity IN believing II, unless
perhaps, one OF his counsel might
One by one the facts in the case on trial have
been brought to light, together with many others
that will exert powerful influence In the other
cases pending against the prisoner, and he now
stands In such an attitude that his friends are
powerless to aid him, and his conviction Is re-
garded as only question or time. Several per-
sons are implicated In the frauds perpetrated and
have indictments pending against them In the
United States Court, some Of whom are witnesses
In the case now In progress, and whose testimony
shows deep laid scheme for the working Of claims
unequaled In numbers ana the amount involved by
any other in the country, as l am assured by an
offical from the Treasury Department now here
q a wttneaa