The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-13
UNITED STATES DISTRICT COURT.
Action by the Government Against an
Army Omcer.

Army Omcer.
Before Judge Blatchford.
Judge Blatch1ord yesterday tried the case OF the
United States w. Charles Rozanowski, Second
Lieu enant OF Company &, Twenty-ninth regiment
OF New York Volunteers. This action was insti-
tuted TO s205 a. alleged to have been paid
to defendant for his services as an o1icer in the
army from OCTOBER 81 to December 81. 1862, when,
as the government assert, he mad been previously
produced receipts tending to show that the money
had been paid twice to defendant TOR the period
stated. The defendant took the stand and swore
thai one Of the receipts was gwen under misap-
prension or mistake, and that ne had never re-
ceived double pay wniie ne was connected with the
tendant Mr. Smith, United states Assistant Dis
trlct Attorney, counsel for the government; G. 5.
Spencer Tor the defendant
Action On q Bond.
The United states VS.. Otis n Cutler ct al-The
defendant Cutler had been appointed during the
war OF the rebellion, as an agent OF the govern
ment to superintend the purchase OF property
seized and confscated in the Southern states. He
gave bond In the sum OF 500, 900 for the due and
faithful performance OF his duties and as security
for the moneys that might pass through his hands.
There were suretes upon the bond. out only one
OF them-a Mr.. Baine-could be served with the
papers in this district, and in the present suit Mr.
Balne Is sued Jointly with Mr. Cutler for an alleged
VOCATION OF the bond. 1t was set up oy the gov.
eminent, as breach OF the bond, that Mr.. Cutler
OF 81, $40 81, which he bad faled TO account for,
and the government holds him liable for that
amount, with interest from the date In question.
The signatures to the bond were admitted,
aud the bona was offered in evidence by
Mr.. Smith, United States Assistant Dis
trct Attorney, on the part OF the government.
General Hlllyer. counsel for the DEFENDANTS OBJ
jecred 70 the bond being received in evidence. on
the ground that there was nothing on the face Of
It to show that 1t had ever been received APP
proved by the proper officer. The mere execution
Dt paper, without any evidence o. its legality,
was no proof OF its delivery. There was morning.
on the bond TO show that there VS. any delivery
defendant.
Mr. smith-The District Attorney has the bond
and shat is PROOF oil Its delivery.
General Hillyer-The District Attorney is not the
government.
Judge Batchiord-For the purposes Of this trial
be is
The paper was admitted in evidence under an
exception rom counsel Tor defendant.
Other papers in re alton to the case having been
admitted IN evidence the case Tor the government
closed.
Counsel for defendant stated that in July, 1885,
Mr.. Cutler ceased to be agent tor the governments,
his accounts were certified and passed as correct,
aud now ne was called upon, after THIS long lapse
OF time. TO produce vouchers which were not IN
his possession, but which must have been placed
IN the custody OF the government when he settled
his accounts.
Judge Blatcnford SAID he wanted to know how
Mr.. Cutler could be sued on bond as purchasing
agent alter he nad ceased TO be such purchasing
agent? 1t might be that he cou.d be very well
called on to account III some other way for tue
money 10 the government, but now he could be
asked to account Tor it under the bond. having
ceased to be purchasing agent before he got this
money was what the Court could not understand.
1Mr. Cutler was called to the STAND and stated
that be ceased be purchasing agent July To- 1885,
ent form, could not be maintained. By direction
OF the Court there was averdct Tor the dc endant.