The New York herald., 1876-08-03

property with Asa Bird Gardner West Point, sub.e
qusnty the Judge Advocate of the military Court o In
curry ordered at Chicago, as trustee.
The witness was asked whether the subject matter o.
this paragraph had been called to his attention HI
replied that in New York newspaper he had read the
following paragraph OH the subject
sss" Of d. fully .Dpssd Of General
cock TO- shield himself om criminal prosecu
military inquiry and tho dsias Is. Bird lard
her whom he had made his and who therefore
oounu 10 shicd Lin, as Judge Advocate OF the Court
THE EXAMINATION
Major Gardner was then examined, as folows:-
By Mr.. Plasted-State whether you were ever a
trustee of General Babcockg A. In tho winter of 1885
was stationed IN New York city acting Assistan,
Aajutant General and Disbursng officer OF the general
recruiting service for the army. While was sta
toned had occasion, matter OF politeness, to at
tend to real estate transaction behalf OF General
Babcock. DO rot think l had any letters
or communications from him any matter whatever
for certainly three or four years before the Babcock
Court of Inquiry which sat last winter at Chicago
z state what that transaction real estate was
A. Whiie was on duty IN the capacity named Brevet
MAJOR General Bu,terded was the superinten endent OF
the recruiting service. General Bu,tcrdeld had on
several occasions prior to that time, and sub
sequently, from his knowledge OF real estate
transactions in New York city, enabled
officers OF the army to invest their savings in property
which had probability of apprcciating in value;
December 1865 or the beginning of january 1862 do
not recollect exactly winch my impression is that
of property 1s5th slieet in the city of
New York, between Eleventh avenue and
Kingsbrdse road, containing four lots 100 feet front
in the total saying that he thought II would be good
investment; that but little purchase money would be
required the property was rising In value very rapidly,
and taat the remainder could be obtained by a loan
from savings bank. My impression at the
present that he spoke to me, first as to that
piece of property aud offered It to me. AS
hn ftgpn In p1unlf Afet,
to invest; J. however unable to take It; think
that about that time General Grant and OF the
officers OF bis stan came to New YORK, and among them
General Babcock; am not positive OF that though II
is my impression; n, any rate the piece OF property
offered to Colonel Babcock by General Buterfeld
as near as can recoect Colonel Babcock agreed
to accept It, but think he said to me- else General
Butereld told me IN his Office, that he unable
pay oil the purchase money then; IT seemed, however,
take 1t.
Q. State the value of the property A. The consd-
GRAFTON was $500; matter OF accommodation at
the time IN consequence OF mortgage being required
to be obtained upon the property as part purchase
money, and in order to settle up some little mortgages
that were on the property at the time, and
to see that the deeds and other papers
all in correct shape, at Colonel Babcocks
request l attended to tho matter for HIM; l took
the deed In my name on tho 10th Of February,
1862 for those lots. On the 10Th OF March, 1869. tho
Citizens Savings Bank took mortgage for $5, 600
il from ON the 27th Of March, 1869, made a deed
OF 1t to General Babcock, subject to the morg gage,
having meanwhile settled up the prior mortgages
upon the property and seen that the
taxes, &c, were all paid up. Ho subsequently
refunded to mo tho actual disbursements which / had
made in the matter which think, from present
recollection, were somewhere in the neghborhood Of
$sl.
lBy Mr. Paisted-You looked up the title, did
you2 A. Only letter, because the searches had been
made previously up TO & avery neSsn' 'ne My acton
OF opiging Colonel Babcock. l had done
like acts Tor other officers BEFORE and have
since; received no recomrensc whatever, in any
shape form, Tor what did IN the IN liter.
BY Mr.. Glover-Q. What was the object in taking the
title in your nameY Tho object, from my recOllec-
ton of it, simply to save complications, inasmuch
as Colonel Babcock aud bis wife were in Washington
and mortgage had to be gwen on the property;
took the whole thing in my own name think Con-
cral Buiterleld requested II.
BY Mr.. Plaisted-Did you have any conversation
with General Babcock before you took the deed? A.
don't think saw him at all from that time referred
to. had several letters from him thanking mo tor
the Kindness had exhibited in the matter.
Q. What you did was at the request OF General But
terncld? A. Yes; and my impression IN that General
Babcock Colonel BahcocK. as he Is officially desig
mated, in New York in December or early in
aided hm the time by lending him some OF the
money with which to pay for the property; tho total
amount TO be paid you can reach by snbtractng the
amount of the savings bank mortgage, $4,000, from
the total consideration 800; my present impression
is that made another mortgage on that property,
which was not recorded, TO secure General Buterhcld
but am not positive to that; IN looking my
papers did run across anything on the subject.
O. Is that the only trust deeds real estate transac
ton OF any kind You had with General Babcock
A. After transferring that property absolutely to him
| individually had no more concern in 1t, but the Cn
zens' Savings Bank continued to send TO my Office the
notices OF interest coming due; my impression is that
l used to send those notices TO General Bah
cock else hand them over to General Buttcrns Id
/ know that General Buttcrfeld, as matter OF favor,
once twice paid the interest for him. and the insur
ance promiums also; General Bctterhed suggested
or two insurance companies IN which the property
should DO insured and when happened to be In the
neighborhood | attended TO IL; finally the property
decided away by General Babcock; cannot now
recollect whether drew that deed or not.
O. Do you know anything about the transaction by
which Babcock parted with the property A. No. l
understood at the time that he sold at an advanced
price. think the name OF the gnteman 10 whom he
sold 1t Holmes, but individually had nothing
to do with II.
O. DO you know when no sold the property to
Holmes A. think in the following year. 1S7O-in
the summer.
O. What previous acquaintance had you with General
Babcock2 A. had met him probably half dozen
times in the course of my army experience In an OFF,
cial way, never socially
q You were appointed Judge Advocate Of the Bab-
cock court Of inquiry at Chicago? A. Yes
O. In what year was thats A. Last December. 1878.
q. Up to that time what acquaintance had you had
with Babcock or how often had you mot him A. |
had met him very few times. think tho last time
had him nineteen or twenty months before
when hero Judge Advocate Of the court Of in.
quiry in the case OF BrIgadicr General Howard, Of
which General Sherman was the President
@ State how you came to be appointed Judge Advo-
cate OF the Babcock court OF inquryy received on
evening telegram from the Adjulant Gen.
era of the army notifying me that was appointed on
court of inquiry to SIT in Chcaro. The telegram was
dated W washington, December 4, 1875, and stated
You appointed Judge Advocate of of inquiry
Chicago Thurs 9Th inst Order will be
TO Chicago. Acknowledge receipt
4. d. TOWNSEND. Adjutsnt General.
l started at once for Chicago, not knowing very
clearly what sort OF investigation was called upon to
act IN.
Q. Was that the first you knew OF your appointment
as such Judge Advocatey A. Yes.
q. Had you ever acted in the capacity of Judge Ad-
vocatc beforey A. had been Judge Advocate OF the
last court Of inquiry that sat here under special act
OF Congress in General Howard's case; was on that
court four months.
q. Were there any other judge advocates of the
army who could have been appoinedY A. There
were judge advocates OF the army scattered
from Washington TO California
q State whether or not you was the first officer ap
pointed to that dutyy A. do not know anything Of
my own knowledge on that subject; only know what
officers who had reason to know told me.
TIE BLACK FRIDAY TRANSACTION.
by Mr.. Cochranc, Chairman OF sus-Committee-Do
you remember the year OF the Black Friday trans
action? A. My impression is that 1t IN October
1863
T. And when did you say this real estate transaction
took place? A. The negotiations began in January,
and were closed no in March 1S6o