National Republican. (Washington City (D.C.)) 1872-1888, 1875-04-16
OPINION OF COMMISSIONER NGERsOLL.
TESTIMONY IN THE CASE OF KINDS.
Did He or Did He Not Corrupt Nice
Young Men-HOW Mr.. ROthrOck
was Approached - They Gave
Him whisky to Cure Indi.
gestiOn, and Promised
Him Apple Brandy.


1.-THE Government seek to hold the defendant
for the action Of the grand Jury upon a charge
which the warrant OF arrest was predicsted, that
the defendant, James Van Week, on or about the
4th day Of February 1875, at the county OF W ash
caused and procured to be promised. offered and
given, to Chester NJ. Colt, being then and there
an offcer Of the United States &c, the sum Of
$780, with intent 10 influence the action of said
Cet as such ofhcer, &c. And the affidavit recites
in detail the object for which Colts assistance was
sought and the circumstances under Whichit was
rendered, and that 1t was to aid In the filing and
recording Of false and fraudulent proposals for
mail contracts to inure to the benefit OF James J,
Kinds and William d. Kettle, mail contractors,
upon certain rates numbered in the informa-
tiCn. The gravamen Of the charge is the prom
pIocuriDg ' to be promised. offered and given
money to United States officer to influence his
cfhcS act. In this case it is not clal ed by the
GUyeTpmept that the defendant promised offered
or gave money to Colt, and one only pertinent
inquiry is did he cause or procure to be promised
Indicated in the charge. The testimony shows
that VIM. d. Kettle cOrruptly awaited himself of
introduced to Colt BY Van Week, the defendant,
and that Van Week was present at subsequent
interviews when money was paid by Kettle to
Colt, but does not show that the money was pro-
cured to be promised, offered and given to Colt
by this defendant Van Week. 1t is clear that
the corrupt compact was entered into and nego-
tie, and If complained against each must clearly
have been held upon the testimony Of the other
fee as to hold for the action of the grand jury
party who appears to have been in no way priyy
to m .nS
what the other wanted, as the fruits of their in
terviews show. The odlun and suspicion Incl
dent TO charge Of crime augmented by holding
TO her tribunal, our ht not, from the exercise
to attach TO this defendant, presumably Of good
repute heretofore. The defendant is discharged
THE KINDS CASE
The case Of Kinds was then taken up, and the
following testimony was given:
Chester NJ. Colt-Witness was corresponding
ticns relating to contracts came to him. Il was
his business to indorse the bids and by this means
he became acquainted with all the names and
amounts Of the bids from Texas. He received
money from Kettle on giving this information.
Cross-examiDed: Witness considered the money
TsSeiySd rom Kettle not as RHy iTT the intSr% a.
Redirect: witness had himself loaned money
without giving any due bill; had lent over $50 In
that way. He never expected now to get his
Rc.crosS-exsmined: When witness said the other
day that he was told there was 5000 in it he was
mistaken.
The evidence here closed as to the charge Of cor
TuptiDg Colt.
The case Of Kinds for corrupting Rothrock was
M. ROthrock testified at first as to his duties,
and then that Kinds had some weeks ago got
acquainted with him. Kinds wished the witness
to give him some information, AID asked him to
come up to his house, on Rhode Island avenue,
and gave him fifty cents &c pay his fare. He
went out there one night, and Kinds told him he
wanted witness to detect circulars sent to the
Post Office Department by Eldredge and others,
and take them out Of the mail before delivering
and bring them to him. He would then give
promoted. He also wanted the witness to put
some bids in the lettings. Witness used to be
employed to open tie mail at the Post Office De-
partmGnt.
ANTEDILUvIAN "REMINISCENCES.
Mr.. Cook. How far back in antiquity was THAT
you used to open the mails?
Judge Fisher. About the time of the flood.
Mr.. Cook. Judge Fisher says that you used to
open the mails about the time OF the food. Is
that true?
The witness. ! do not think you ought to cate
chise me in that way.
Mr.. Cook. TlI not ask your instructions.
shall cRtechise you very keenly.
Witness. And it's not geDtlemanly.
standard Of gentleman.
Witness. I'm much obliged to you.
Mr.. Cook. mean IL.
witness proceeded and testified that Kinds told
him that II he (Witness) would get his (HindsO
bid in the mail-Ietting, he would lgiye him fifty
When interrupted at this point BY Mr. Cook,
we'll as can"
Mr. Cook. Well, try hard-it seems dificult
matter.
Cross-exanined: Witness came from Fred.
ericksburg, and went into the Post Once Depart
ment in Mr.. Lincoln's administration, as la6orer
in the Dead Letter Ottice. Then was Waterman.
Mr.. Mcclellan liked him, and Mr.. Mcclellan
made him messenger, and he has been there ever
since.
MI. Cook cross-examined the witness Mt length
concerning defects Of his memory, saying that
they would now talk about metaphysics.
TRUE IEwARDNEss.
Witness. Sometimes, when 1 suffer inwsrdly,
my memory is not so good. Sometimes suffer
from indigestion; suffer also from costiveness,
and when am so am a little weak and sick.
APPLE BRANDY.
Witness heard apple brandy was good for COS
tiVeness. ITecollect his saying he would send
me some from Alabama.
Mr.. Cook. Did he send Ill
Witness No. sir.
Mr.. Cook. Think; anything In spirIt7
Judge Fisher. Ask him directly.
Mr. Cook. Whisky. for instancef
Witness. Dyes, sir; be gave me gallon Of
whisky. [LsuVhteT. This whisky was given at
the house. This was the second time witness had
gene there.
Mr.. Cook. And got the whisky
Witness. No, sir. [L.augh ter.1
Dr. Cook. You got no whisky then2
Winners. Yes; he gave me an order on Corn
we'll, and went and got IL, and walked TO the
Columbia cars, and carried IL home, and it did me
good.
eostiyeness."
Witness added he had used whisky for his
sickness l never abused It. My wife always
measured it out to me [laughterl three times Q
day. He continued:
oBEYs TIE ORDERS OF THE P. NJ @.
neVer brouRht IL TO the Department during