The Van Buren press., 1874-04-21

otn INST, that j. >. Robinson has filed
before the Investigating Committee at
washington another affidavit Of F. j.
Nash, in regard to the Story bribery mat
ter, which affidavit it seems was made in
the Cherokee Nation in August, 1873, af-
ter the investigation Of same matter be-
tore United States Grand Jury at Fort
Smith, which don't seem to tally with
his (Nash's) testimony before said
Grand Jury. Few persons if any believe
such an affidavit was ever made. In
justice to some parties who are alleged
to have been connected with this matter,
we append Nash's testimony before the
Grand jury, also that of b. J, Brown his
attorney in that case. ***
| Concerning these suspicious instruments of
writing, the said Frank j. Nash deposes as
follows:
That he was arrested in June, A. d. 1872
charged with having carried on the business
of Retail Liquor dealer, without paying
special tax. That he was brought to Fort
Smith about the 9Th day of June, A. ID. 1872,
and that same day nolle prosequi was en-
tered, and he was discharged. That Benton
j. Brown was his only Attorney. who charged
him 500 in L. 5. Treasury notes and twenty
dollars In gold for his services. The twenty
dollars in gold was accepted by the said B. J
Brown as Twenty-Five dollars currency.
Question-Were you ever blackmailed In
that particular case?
Answer-l cannot answer that question
without laying myself liable to prosecution,
and therefore decline to answer.
Questionable you ever give any notes to
have the ease nolle pros'd il so, when and
where ?-and for how much, and TO whomT
Answvr-l cannot answer without crimi
Mating myself
Questionable you ever give Judge Story
one note Tor S2500 and Judge Huckleberry
one note for $500?
Answer-Cannot answer that question
without eliminating myself
Questionable You pay Benton J. Brown
any thing besides the SlU0?
Answer--I gave him S25 in gold
Questionable your attorney, Benton J.
Brown, know ofany notes executed by you
to any body else on that day9
Answer-No he did not.
Questionable you consult your attorney
about giving such notes?
Answer-Did not think it necessary.
Benton J. Brown being duly sworn, states.
in June 1872, about the 9th, | was employed
rs Attorney for t. J. Nash, at Fort Gibson
c. N, to defend case U 5. VS.. him, on indict.
ment for being Liquor dealer not paying
special tax. came on back with him from
Fort Gibson to Fort Smith. Talked the mat
ter over with him fully coming down exam
ined his papers-and he held II permit from
the Secretary of the Interior, ITO my best rec
ellection), Delano. to sell spirituous Liquors,
at Fort Gibson, for a medical purpose; also
had physicians prescription. l told him
was satisfied could get the ease nolle prose.
qui. as II guilty it was not willtully so, but
technically-but if | failed in t. at would get
a continuance and represent the case Mt Wash
ington. and get order for nolle prosequ. And
If found could do nothing else would sub
nit the case, get u suspension of sentenee,and
90 to Washington. That it might cost him
$3.50 to or $500. lie came down not under
guard. but stood good for him on the way
down, and arrival until ease was disposed of
We landed at Fort Smith in the morning.
went to the hotel afterwards. saw y. ). At
torney j. II. lluckleberry. Submitted all the
papers and facts.
lie took the matter under adviscment until
noon ; he stated he was satisfied there was no
wilfu violation of law; that if Judge Story
did not object ha would nollc prosequi the
case WtHl NHl sdW CloI -sUuHIIls
ted the case, facts etc ; he said it was matter
for the District Attorney to decide. That he
did not attempt 70 centre! these matters, I'M
less there was something wrong. Huckleber-
ry then said he would enter with a nolle prose-
qui ] took Nash with me to the Courtroom;
we waited until evening | called the case
up. Judge story only seemed to desire the
point settled as to whether the Secretary Of
the Interior had any right to give this per-
init; suggested that we plead guilty. and he
would suspend sentence and present the case
at Washington. ! protested that Mr.. Nash
did not like TO be under the stigma OF convic-
ton of felony. He then consented to a nOlle
prosequi which was entered, and defendant
Nash was discharged. He had not then been
in Fort Smith ever eight hours. took GER
tiicatc of discharge and gave it to Nash. and
told him he could go home. lie paid me the
$40 In gold and agreed to send me 500 MS fee,
which he afterwards several months paid. by
sending draft OH him by ). 5. Tracy. Ii he
ever paid anything to any one else. have no
knowledge Off | was with him most of the
time while there; don't think he ever saw
Mr.. Huckleberry or Judge Story. except in
my presence. lie could not have paid any
one before because he did not know he was
indicted. There was no use of 1t afterwards,
for he was clear and had ticket of discharge
in his possession. He was informed by me
that in the worst state Of the case. 1t should
not cost him over 500 or $500. lett for Van
Buren. and suppose he did for Fort Gibson
same evening. This IL the substance Of all
H.