The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1876-01-31
UNDER WAY AGAIN.
M'KHEs CASE CONTINUED.
MORE DAMAGING EVIDENCE.

BARTON, CONCANNON AND FkA1Eh-lnH
BURNED PAPERS.
ST, LOUIS, Jan 25.-Judge Dillon rendered a
decision upon the Opening of the trial of VIM.
Mckee this morning, ruling that the case must
go on. The conspiracy had been one of numer-
Gus acts and extending over a long period of
time. and the declarations of the co-eonsp1ra
tors or accompIices must De heard. III, however,
when the case should be All In and me e1nnee-
solely on the testimony OF the aecomplees,
then the court would instruct the jury
how little weight was to be attached 10 their
evidence. The intimation wss that the evidence
of the rirg and McKee'5 connection Win tnem
would not be alone sufficient. FoloWlng lns
decision of the Judge, the testimony of Sanford
n. Barton. the manager OF The Bingham BROS s
St Louis distillery, was taken. He testified to
the general operations of the ri g, the amounts
OF crooked made by their house, the sums OF
money paid 10 the ring fund and the special
assessments 1or the auegea Purboss VI SuSrns
of the revenue officers and 10 prevent seizures.
One OF the sums raised In this way way
the witness was t9ld 4b by ,g J,oSee,
had a conversation with Engelke about the Ia
Jerview the latter had with Mckee at the GLOBE
0fnce, but he could not recoliect it distinctly
the wit 6sS bought Gu nothing new. JoDn n.
ConcannOn, deputy collector under Charles w.
Mcguire was the next witness. He test ned to
having known Mckee twenty years, and That
Mckee in Ford's office a dozen times, perhaps.
be saw him there during the visit here OF Gen.
Jewell, a revenue agent, IN 1871 or l612. lie sad
an i'm portant communication 20 make 10 him.
FitZroy was not in bis Office, and Mckee
said that Finley Roob a stoIekeeper at Beyis q
Frazer's distiliery, won do snd he wrote
note to him, which the witness had delivered by
young man in the office. Mckee men tod the
witness that Gen. Jewell was in town ana ne
wished Robb TO know il. Subsequently Robb
told the witness thai the knoWIedge or JeWell 5
presence in the city mad caused them TO lose
several tubs of mash. The witness then re-
counted the manner in which John Leaven-
worth tried TO get him TO join the ring and pro-
ceeded: had
A BRIEF TALK WITH MKEE
on the start ard told him that Brazier, the rev
enue agent, had arrived. At another time, l
told him in pursuance of general orders from
Mr.. Ford when three other agents came, and at
another time told him when some were ex-
peeted who did not come. Mr.. Ford was not at
the Office at the time. 1 could not find him and
went to see Mckee. One day Mckee came 10
see Ford and subsequently Ford called me to
him and told me that in all confidential ma
tiers, where an exercise OF prudence or Judg-
ment was required, should consult
Mckee. In fact, his instructions were
SO specific as 10 put me actually under McKee's
consulted with Mckee on several occasions
When he started away for lengthy trip he
wrote me letter relative to Mckee. That let
ter was afterwards distracted from my desk, but
lean give the substance Of it. The defense OBJ
jected 10 the witnesses stating what was in the
A
discussion followed and the objection was with
drawn The witness continued: The note was
about thus: have just heard that possibly some
detectives will come here. II they do, make them
show their credentials and then see Mckee. The
witness new mon Ray, nephew OF Mckee
Ray was appointed ga1ger AFTER Mckee sold the
Democrat. Just before the Globe was started |
had CONVEX alton with Mckee about the pay
of Ray as gauge. He SAID that he would need
Ray services in the Globe Office and Rays
brother would preform the duties OF gauger
KAY was willing 10 take part of the salary him.
self and give part 70 his brother and let me
about it and he said that if there
was no dishonest purpose in the arrangement
il was all right. The defense objected 10 this
kind OF testimony, and held that before il was
adm iSSibie the government should prove In at at
the time 1t was violation of the revenue law
Tor a gauger TO do his work by pToXy. Judge
Dillon, 10 the witneSs-H Ray was entitled 10
this compensation, and if you did no part OF the
pa, { OF the pay? Witness don't know. except
as said before, Mckee was my very good friend,
and he ado. TED this plan TO assist me.
Inc croSS-exam1natiOn OF this witness brought
out long statements
CONCERNING MR.. FORD,
the manner in which he conducted the office OF
collector, ETC., which quite favorable to that
gentleman. In the main he was described as a
careful, cautious man ana in the matter of a
seizure he never took any action until he had
thoroughly Investigated and found sufficient
grounds to proceed. The witness stated boWever
that the office was virtually run by Mcdonald,
the supervisor, and Joyce, his revenue agent.
Joyce would write out me moranda, and II the
witness cid not carry them out he Joyce
would go 10 Fore and get him TO instruct the
witness TO do as Joyce requested. Mckee was
and confidential. The witness was charge of
the ONCE whenever Ford was away, and was
under instructions to consult Mckee st such
times about any hing that came up. After
FOrd's death, on October "a, 1873, to the time
Mcguire TOOK charge, ON November 18TH
Mcdonald took the direct charge Of the office'
acted
Inc witness then gave long account of the
burning OF large part OF the records
Novesab u 18th. Joyce and Fdzroy said that
they wanted 10 look over some dumping papers
esp claliy those of Bevis and Frazer. Although
lnese records were in the WITNESSES char &c Joyce
was his superior officer and had a right to ex-
anime them. The witness therefore told him
mat ne could look at them at any time. Joyce.
F1tzroy and BeTis went to the Office together
and although they did not give the witness
even a hint that they desired 10 do auarf buf
examine them, he felt certain that thew had
another purpose and after showing them
where the papers were he left so that he should
ne was doing wong, aud felt that he was NOR
ally responsible Tor the safety of those papers
de felt certain that these persons designed re
moving the papers but he had no idea that they
intended TO burn them. The papers remove q
were not especially Bevis Frszer's but all the
rectlnefs papers were taken. The witness made
TWO reports 10 the commissioner OF the internal
revenue that these documents were missing.
one rom memoranda given him by Joyce and
the other from data furnished by Magaire. He
did not undertake an explanation to Mcguire
about
THE MISSING PAPERS
and for the reason thai he did not deem it nec-
essary Mcguire made certain remarks to him
after he came into the office that invited the
Witness confidence and privileged him to say
what he pleased TO him. The witness, therefore
spoke to him about great many things. Ma
guire told him that he was familiar with the
ring business, and, theI efore, he did
not propose that it should go any
further. The witness then told him that with
MS knowledge OF the revenue Dusiaess he
couldn' I run the district honestly and sQuarely
with the force on hand. He also told him about
the paTpers that were missing, telling him all
the circumstances of their disappearaDce. The
witness had been before all the grand juries
since the whisky Investigations began. He did
not know that he had been indicted.
and he had no reason TO believe that the gov
eminent would treat him any differently from
a ny one else. The witness den ed ever having
belonged TO the ring. They took particular
pains, ne said, TO keep him out, for had he been