New-York tribune., 1874-06-13
JUDICIAL CORRUPTION.
ENORMOUS FRAUDS IN THE WESTERN DIS
TRICT OE ARKANSAS. IL


NosTRIIs OF THE COMMUNITY FRAUDULENT
vouCHHRs-IARGE FEES CHARGED FOR SMALL
sHRyICEs-AN EXPENSIVE AND CORRUPT DIS
TRICr.
The House Committee on Expenditures III
the Department of Justice was, on the i6'h Vi ,a ~
ruary, directed TO inquire into the expenses
mepts and general management OF the western 'uue'
District OF Arkansas since its organization W io no
Committee has made its report and the e'iuencc' o'e
u,ents and exhibits accompanying occupy 9i6 pages
showing tho amounts received and the disbursements
made by the marshals beginning July l. 1870 and end
ing July 1873 Some Of the most interesting portions
OF the Committees report are briefly given below.
LAMENTABLE STATE OF MORALS.
The Committee finds that the expenditures have been
large and not in all supported
by appropriate vouchers For the year ending June o
1911 the disbursements in the district were pSsoo o.
OF this amount, Vim. A. Briton is alleged 10 nave ais
bursed ss5l95 and Logan II Roots, who was marsha
little over month. ti2763 49, During the year end
ing June SO ls72 the expenditures under Logan H. Roots
reached the extraordinary OF $S21e53 49, For the
year ending June So 1878, $N54 IS was disbursed as
follows: BY W. A. Britton $3S,6e5 4 Logan H. Roots,
$sss4s 27 and John N. Sarber $4,000. Beside these
large expenditures there has been paid at the Treas
ury s2Assi OF W. A. Brittons admnistra-
ton in 1928, and there unpaid and unadusted
claims amounting $42O9s. W. A. Briton also claims
balance due him OF s6o65 o. II these last-menoned
claims are allowed the expenditures for the year end
ing June 80, 1s73 will amount to f264,AI OF, making
sum total Of expenditures the district through the
Marshas for three years. of s72O59 49, Including pay
nents to clerks District Attorneys and Commissioners
the grand total exceeds S5O00 The district the Com
mittee saw is peculiar one Ii IS the only District
Court Of the United states with Circuit Court powers
and common law power. the latter being confined ex-
clusiyeiy to all arising in the Indian country Be
side employing large and unanthorzed namDer 9a Oi
lent posse oON,itous and fraudulent deputies. Ger
nesses &e. have been issued and hawked about the
Trs have az Os been sS and persons
order to make fees. ring too existed at Fort smith,
aid wholesale busintss in purchasing these certificates
from the Marshal. When i. II. Roots was Marshal q
National bank organized at Fort Smth WIN cap
ita of s50OOO threedfths OF which owned by him,
with Baer for President. and did large business d ~
character were employed, aud affairs generally were
conducted 10 become stencil IN the tct the m
the court officials of,the district Is shown
RECOMMENDATIONS OF THE COMMITTEE.
As 10 the Judge OF the District, William Story, the
Committee say that the of his court show that
parties have bailed after conviction for capital
ofenses and while awaiting sentence, and while motions
were pending for new TRIALS which were never aeeu on
that Notwithstanding the requirement OF law 'ns & h
shall examine and approve the accounts current oi tno
least in one Instance blank account which
filled up by the Marshal for s2oo9 tne same t, Uens h
fore the Committee is characterized as lame disoon
seDeraities 1 Some of the commissioners not
Sameiess having in many released prisoners on
"straw bail" discharged them altogether.
The Judgment the Committee is that the great mea-
sure reform needed for the Western Dstic OF Arka
sas s the abolition OF district itself and It's annexa
tioD TO Eastern District so that there snail DO put
one district ana one Judge for the % er
as to the expenditures the Committee contrast them
with the judicial expenses fS1 M dae WSg nd IN s
and In 1850 only $1,000 The Committee unnesitau1sy
trct the of territory and the transfer Of
Its business to the Eastern District ana aas & Ins WUs n
called the District of Arkansas with one Judge one DIS
trict-Attorney aud one Marshal inrher 1nvestga- @
ton the affairs OF the district by the AttorneyGeh-
era is also recommended
TESTIMONY OF A GOVERNMENT DETECTIVE.
One of the witnesses examined by the Committee was
LIB Whitney, a member OF the United States Secret
Service. Iu 1871 he was sent to Arkansas TO make an
Investigation. the authorities at Washington having having
trated His testimony before the Committee was SUB
stantially the same the reports he had previously
made 10 his superors. The Committee make his report
pAIs ihe 0' other U witnesses examined. Mr. whitney
visited Fort smith aud otper portions 70 oa wbom tno
vouchers had been issued for services rendered
oept g V in few eases When he did hnd man whose
he had ms list was only 10 learn tnat no nu
shsi stated to hm he did not know and had not
employed persons mentioned IN vouchsgs as having M
Wise1 vesT sSfyishe3 4 H. HucseOerry t. s. District
Attorney. that vouchers were fraudulent accord
ing To the testimony James Aud, clerk IN the FIRST
Controllers office. Mr.. Huckleberry was ordered TO
sioner q j. BgooSs. The bill OF indictment was Ignored
by the Grand Jury and the Attorney General ao%ga M
the vouchers amounting to 5000 or s4Oo' anoue" ne
dd not think they ought to be. a.,
In 1872 Mr. whitney again went TO Arkansas, at the
suRgestlon the Acting Controller, TO investigate the
genuneness OF certain signatures 70 receipts upon
Vouchers presented by Marshal BritOn. In conversa-
fioD with deputies appointed by Brion he inferred that
frands being perpetrated lie SAID the deputy
marshas, numbering 14J were entirely dependent upon
Tees and hence il their interest 10 get up as
many possible They roa9ed over the teTrory t
manufac turing taking up those which had htte
or no foundation 10 fact The tried by the court
were generally OF trivial character but large iees were
IsTa as follows: 1nd on copy OF abstract No. g. pur
porting abstract Of contingent expenses az ana
sons said to reside Fort smith and to have served
from time to con1ttdtas Marshal BrlttOn
on oath that he has paid said men Tor tne
sum of s2s6lO hnd that only 46 of the men reside In
Fort smith, the balance OF the names are en,lreN p u
known county and o those who do reside Ia Fort
Smith only IS have ever served as posse com'fa~.
THE USUAL PRACTICE IN THE DISTRICT.
One Perry Duval who had been riding with different
deputies Tor months told the following story 10 Mr.
whitney: ave would 90 out and gobble up everybody
that could get hold Of Marshal B!9n sod ns 70
arrest any person that there was any cnaLee asnst
and bring him TO Fort SMITH that we could get war
he could only allow us IS days In any case
but when came in with lot OF prisoners we would
rants aud draw the fees. Tney allowed 10 per
cent for making the return and swearing TO 1t: O. d.
Mesler held a commission as deputy marshall lie
would often make returns for us. Mesler was par
tcuar friend OF Marshal Britton Brltton knew that
Bfeser never rode deputy marshal Deputies always
returned from 200 miles than they actually
rode. In we returned sO miles, when % Ia faet
WAYS date the warrants just as we wanted them TO-
Marshal Briton would always deduct 0ned 0a az
per cent the balance which he said must remain IN
fts hands as contingent fund He always kept the 10
,ey cent BrItton always paid In checks. His
checks always worth about 10 cents on tue dollar
until this of court. Now they are not worth any ny
thing. BrittOn always said that the Government did
not furnish any money He would glve Us cneck ana
discount. He made deputy marslals OF men that he