New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-09-30
THE CANAL FRAUD TRIALS.
NEW INDICTMENTS.


BY TELEGRAPH THE TRTBUNE.l
BUFFALO, Sept. 29.-Thc Grand jury of the ben-
NAL term of the Superior Court of Buffalo, found in
dictments yesterday against j. Frederick Behn, ID.
G. Welch and Ellis Webster among Others. AbOut
o'clock this afternoon Behn into court and was
arraigned for msdemeanOr, in that in 1871 he was
part owner of dredgc used in work for the State
at the time he was acting az Division Engineer Tor
the Western Division Of the canal. Behn was rep
resented by counsel, Lewis Guerney appearing in
his behalf lie pleaded Not guilty. to the charge,
and his counsel stated that they would also inter
pose special plea under the Statute of Limitations.
Herman Beln, his brother, and +. Oelrch, jcwe!"r
of this city, became his bondsmcn for $1,000, the
amount of bail fixed by the Court
Before the above arrangements had been COM
pleed Ellis Webster was brought into court on
charge of perjury in falsely swearing to certain
bills rendered to the State by him in 1873, and sub
sequently. He was immediately aftcrward arragncd
for conspiracy in attempting to defraud the state by
sncl bills. His bail was fixed at $4,000 for per-
jury, and in the conspiracy at $1,000. Robert
Owens, a wealthy baker of the city, became his
bOndsnan for the above amounts.
ID. Cleveland Ncch was also arraiened for perjury
aud for conspiracy. in connection with certain pnr-
chascs and sales, the difference being that Webster
swOre to the validity of the bills, while Welch sworc
10 abstracts containing the bills Welchs bail was
fixed at $4,000 aud 5000. Charles IL. Ratlbon,
stone cutter of this city, became his bOndsman Tor
$4,000 i'll the perjury case, aud James McCreiIe,
real estate agent of this city, for 5000 in the
of conspiracy. Otber arrangements upon similar
charges expected tomorrow.
The following is summary of the indictments
found against J. Frederick Behn:
The iurorr present that John Hand entered into these
several contracts with the people OF the STATE Tor making
rIairs, npon me Erie canal at, at m i inn ana e, a rE
the repair contractor Of Section 80 II Is required to
deposits from Black Rock Harhor, bearing date July
IL, 1868. and one Tor dredging a channel around
tie the city Of B"ijo, july 1G, 1859; that said
contracts made by the Canal Commis4ioncrs, BY
i@57 entitled An acl to enlarge the power and d,luo
the authority Of the Conf actinf oari passed March
contracts full and effect and the repairs de-
scribcd therein were done end performed during each
the canal constituted lGrge part OF the repairs
of the first con.ci Jan g. iss j. Fred Bcn Of said
city has been and Is an officer connected with the cans
q" s Ss s & ab TsSl at the Gy Of Bo VIII
fully, corTIply, and maliciously became Interested
in a. contract connected with tae , canals to,
for repairs the Erie Canal; and that Bem part
lV him To do tho ,ed .ng aud repairs aforesaid under
the OF Hand Ben to nave aud receive therefor
a part OF the compensation agreed to he paid for the
The peace or tie people OF he and their dignity
The Indictment OF Ellis Webster for perjury sets
forth the following facts:
In October 1873. the city of Buao Ellis websters
designing frauiuently 10 obtain from the state large
OF money, that is TO say The sum OF iG %, cadcd
and delivered tie state. Webslers receipt for S7O7 30
from d. {. Wclch, for coal, as get fortl III two
separate accounts which given IN detail and covering
the amount OF coal sid " Tic state by Webster IN Au-
gust and September 1873 making total OF about -
tons X given As1 thc ahiaFit u hcpSieto inc ac'u
lig y
Further the saj Ellis Webster. eonirvins ml.wfully
and fraudulent, obtain the SAID 0i so % from
tie state. presented the aforesaid bill in erson t. d.
Clinton Wclch. of the state snperntedents of the
canal. and said WEIGH, as snper.iendrnt TOOK hi cor
p0ica oath crnng the correctness of the bill, and
Ellis Webster thea and there made his aivt and took
hia oath that the set forth the bill true.
The second clause charges that at the making OF the
affidavit Ii was msterial ejuo whether al The item.
in the bill were correct, and whether any part
Of the eh or "F tEn "'m ii. 'I fir vo T.s
ia M a.o Material whether Webster did on the I'D day
OF September 73. deliver 70 the state board the tug
Anp rfe ,o cSa G aa 'S Whether "i nt 10Y
1873, he delivered on board the tug Sweepstakes Two
Indictment then charges that in truth and in fact all
the items in sand annexed account wc,e not
we're not Correct as tie said webster well knew In
tact all he property CHARGED IN tc sad blii aa not
Bchn saws Il is true that lie owned One-third of the
drcdge naincd in the indictment, but that if it did
any state work as specified il was done without his
knowledge. lie says some years ago he loaned the
contractor, Lewis j. Bennett, who was recently
indicted with George D.. Lord and others,
the sum of $4,000, and when the note
for the same became due it not convenient for
Bennett to pay it in money. lie was, therefore, i'll
duaed TO purchase a onc-thir interest in the dredge,
paving in addition TO the note which he held small
sum of money. The dredge tIcn taken 10 Toledo,
where il was kept ut work le first year. A.crward.
without his knowledge or consent. it was brought
a.. ,.,,I IN, ni,,i- D,o
Dor. But 30 time since he bought interest in
The drrlgc has he had sought for any control of
it. ~ he had full confidence in Benefits honesty.
All he knew about it in ANY way was that he
caiyed his quarterly dividend OF It's earnings Ie2u-
larry.
Daring 40 part Of the year 1871 was II doing state
work and since ihen. when thus engaged, the viola
ton OF lie law on his ije.ll's part cannot be mere
than Il technical violation, the use was made
without bis knowledge. ljchr is German, about
- year. oi age, vino to TINS country in 1881.
In 1853 he was appointed Division Engineer for
the Western Division of the Erie Canal, which
position he held. with the exception of about two
wears until Feb. q, 1874 when ne was asked 10 re-
sign which he did. Since then he has been engaged
ia the round timber trade. He is living here in very
comfortable circumstances. but claims 10 have been
unite poor until he received an inheritance within
the Jew years lioHi HIS VII INT
other hand, it is claimed by many that he could not
have maintained his position during many changes
in rb, political government Of the State which took
| Mace between 1888 and 1874, unless he had been
allied with the Canal Ring. and unless he submitted
10 their demands. In other words. they insist that
he was willing tool in their hands in carrying ont
their fraudulent contracts with the State
The conspiracy indictment is joint indictment OF
several and caunot be obtained tonight, il Is
dcIstood there are others included in it who have
uot Vet been arrested The Distrct-Attorney de-