Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-02-02

IDoisns tCnefokeeel 70 certificates for back
pay and additional bounty, was commenced.
Messrs. 2. p. Stanton, A. q. Riddle and Irwin
wright, appear for the defence, and Assistant
District Attorney Harrington for the govern
The first case taken up was that in which the
defendant Is charged with forging the name OF
Lacy Hawkins, and the follosing were
called as
VIM. b. Lacey, Thos X. Brightvell, Jos. II.
Knott, Robert A. Griffin, VIM. II. Pearson, Jas.
81: Nsxlor, Elwood Champlin, Reuben Dsw,
W. q. Harry, g. K. Hall, Morris j. Adler, Bur
CESS n. Gladmon.
The names were called and the court in
SUI ucted them II any had formed an opinion to
make il known, and Mr.. Chsmplin stated Oh at
he bad formed an opinion, and retired. Mr.. W.
i. Atkinson was called in Mr.. C.'s place.
The court stating that the defence had the
right TO four peremptory challenges, they exer-
cised it BY challenging Mr.. Atkinson and Mr..
Adler. Messrs. Andrew Burgess ard Joseph
answering that they had not formed an opinion
as to the case, the jury as constituted were
sworn.
NIB HARRINGTON OPENED TIE CASE.
stating that the Indictment charged defendant
with forging the paper in queSa,on ia receiptl
with intent to defraud tie United States; - ,
making the same TO the prejudics of Lacy
Hawkins; sd, aiding and assisting to forge the
same to the prejudice of the United States; 4th ,
DO. OF Hawkins; 5th, passing ard uttering same
TO prejudice OF United States: and 9TH do. of
Hawkins. He stated that they expected 70 show
that Lacy Hawkins had not made such receipt
and that Wright produced it before an arbi'
traitor.
MR.. STANTON, FOR THE DEFENCE,
stated that they would be able to show that
Judge Wright received no money in these
cases, except in that of O-clack-la; that the
drafts were sent to him and that Hawkins en-
dOrsed the draft by his mark, and it was prop
erly witnessed. He further submitted
that the receipt was nullity; that il
does not represent the transaction.
They would show that in May, 1862, Judge
Wright went to Fort Gibson with several hun
dred drafts TO pay the Indians their money; that
the receipts were written by Mr. Clapperton
seized in Clapperton's Office by the government,
in July, 1870. He then read, in the report made
by the Committee on Indian Affairs OF the
HSuse Of Representatives, june sth, 1872, in
which the book Of Clapperton is published a
reference to the draft and receipt in Hawkins
case, bearing the number 900. He believed that
the receipt was not witnessed at the time, owing
to the hurry incident to the payment of these
Indians, and that Judge Wright. before filing
the receipt In the Interior department, procured
the placing of fictitious name on the receipt
but they would show that this was no crime
They would also show by the books of Ross,
Gunter X Co., that Hawkins, before re-
ceiving his draft, had ''traded on his second
bounty to the amount Of SIS, and he had paid
this amount. He next CLAIMED that the draft
having been paid by the Treasury, closed the
transaction. He then explained that Judye
Wright was allowed a fee OF Sl5, which amOu1t
being deducted from the amount of claim
-SlOc-left Ss5 10 be receipted for,
The witnesses were directed to leave the court
room,
REV. MR.. JONES OBJECTED TO AS INTERPRETER.
Rev. Mr. Jones was called by the prosecution
to be sworn as an interpreter, and the defence
objected, on the ground that he was biased
against Judge Wright on account of some
money none transactions years ago; Judge W. hav-
ing inrusted some money to Mr.. Jones TO paw
the Indians, which MIR. j. did not do, aud
finally Judge Wright had to pay the money
himself.
The court suggested that II the other side had
an interpreter they could call him in to see ii
the questions are asked correctly. Joshua Boss
was called and was sworn with Mr. Jones.
THE FIRST WITNESS.
Lacy Ia trlins was sworn, and gave his testi-
mOny in tOlerable fair English. He had known
Judge Wright since the first bounty was paid;
he had not received his second bounty; the
alleged receipt of sS5 second bounty as soldier
OF Company +, Sd regiment, /. Ii. guards
signed Lacy Hawkins, his cross mark, pHrpOrt-
ing to be witnessed by Jas. Sapp, was shown,
and said he never made the mark 10 the recent
LOr TO the draft.
Mr.. Stanton raised the point that the eyi.
dence in relation TO the draft should be strick-
en out.
The court said that the testimony was COM
petent as auxiliary proof, and refused to take it
from the jury.
The defence reserved an exception.
Cross-examined:-Witn lives 40 miles from
7 ort Gibson; saw Judge Wright about the time
he was paying the second bounty; witness ask
ed for his money: Judge Wright said his wit
nessD money had not come and that if he want
ed AM thing he could get il at Nash's or Ross's
store; did not see any one there except Judge
Wright and the old man, Mr.. ClappertOn; never
had eceived his second bounty; did not make
any complaint that he had not received il; did
not tell Spencer Stevens that he had come to
get his bounty paid again; supposed that Ste
yens would tell the defence whatever thev
wanted; witness had traded for part of the fret
bounty; received SIS from Judge Wright in
money; II was about 1855 when he went to get
his second bounty. This witness not being GER
: date asked
bounty, the counsel attempted to determine the
time he went for the second bounty by asking
how often he PLANTED corn between the times.I
witness said about year interviewed; that
during this time he had not traded with Ross,
Nash or airy other person at Fort Gibson. Wit
ness never touched the pen to any receipt; did
not know who W as present when he received the
first bounty; did not leave any receipt Judge
Wright may have made one; did not know that
Capt Wright paid him; did not know that
ness knew that some Of the soldiers were entitled
TO bounty. Spence Stevens told Tom Galcatcher
that be had money for him.
Redirect-Witness got the first bounty about
a year after he was mustered out and paid
Nash and Ross; did not trade with them after
wards. Witness got $50 and this was all he got
CLAPPERTON AS WITNESS.
zierdadsr CloppsrtOn sworn.-witness has
known Wright for number of years; was clerk
for Mr.. W; wrote the receipt at Fort Gibson at
w. order.
Questionable Lacy Hawkins sign it; make
his mark?
ABswer.-NO, sir.
ouestiOn.-Who made it1
Answer did IL myself about the end OF
May or beginning OF June, 1869; l made two or
three hundred about the same time; could not
swear that he had ever seen the draft; Judge
Wright was present at the time. Witness never
made receipts for money he did not paw the
Indians himself; made some blank receipts
and forwarded them TO Judge Wright by his
order by letter.
Question;-Did these receipts represent live
or lie ad Indians?
AnsweT.-Dead Indians.
MIR. Harrington proposed to put in evidence
the letter. The defence raised no objection,
and the letter in question was read. 1t is dated
August 10Th, ls69. The name James Sapp was
written by Nehemiah Hs yden.
The defence admitted this, stating il was
done in 1863 or $50.
Cross examined-WitDess held an Office at
ort Gibson; went there in 1869, left m $50,
but returned in 1871; was United States pension
agent there; witness identified a book Contain
ing list OF the three regiments, as belonging to
him, and said il was written in Washington in
1859. Witness made the receipts on the order of
Judge Wright old not know that he paid the
drafts.
Question.-Wss you there ID forge receipts?
Answer.-No, sir. / was there as chief clerk:
10 do what was told; did not know the drafts
were not delivered; knows that a Seminole
claimed that he was not paid, and he had made
a receipt in this case. He did not know IL this
10 a L.