The New York herald., 1876-03-05
THE IRWIN ENLIGHTENMENT CHARGES.
FURTHER TESTIMONY ON BEHALF OF THE
PACIFIC MAIL STEAMSHIP COMPANY IN THE
9750 0OO cuAncps AcArNer vxAcrUr TWIN

The prosecution OF the charge OF embezzng $7500 600
belonging TO the Pacific Mail Steamship Company,
made by the company against their ex-agent, Richard
b. Irwin, continued yesterday before Judge
Bxby, in the law offices of Mcssrs vanderpoe Green
& Cunning. Mr.. yanderpoel conducted the exam
ination behalf OF the prosecuting corporation and
exJudge Fullerton had charge of the defence.
number Of people who acquainted with the mat
ter have expressed good deal OF surprise that this
heavy case which of right belongs to tho criminal
side OF the docket should be taken Of the proper
where II ought 60 be tried and ventilated in the
private Offices OF law frm Tho very unusual course
pursued by Judge Bxby in this instance is the subject
OF much comment
n. MERRTLL's EvIDEScK
The first witness called by tho prosecution
Horace Merrill bookkeeper OF the Pacific Mail Com
pany. The object TO prove that checks to the
amount OF $750,00o were not accounted for in the
transfers of the San Francisco agency, then charge
OF Messrs. Edrdgo aud Irwin. The defence admitted
that all the checks In evidence not accounted
for IN the transfer books.
Theodore 7. Johnson formerly secretary and trea-
surer pro tenn, testified that he had known Irwin
the summer of1s74; he separated from the
pany's service in December, 1s73.
Mr.. Bennett, solicitor for the company, then pro-
duced the checks TO the aggregate amount of $3.50 000
The witness said that these checks filled out by
HIM and delivered to the Vice President of the COM
pany; Mr.. Irwin was in the directors room at tho
time; tho original checks drawn in favor of A. b.
Stockwcll; that is the FIRST lot; the second lot
drawn In favor OF A. b. Irwin; the original checks
drawn IN favor of r. b. stockwel taken from the
regular check book the subsequent entries the stub
of the check book were made to the best Of my recoec
on, within thirty days aud by direction OF Mr.. Bel
lows; in the first Ave checks were added the words
'cHARGE TO r. H. IRWIN.
and in the sixth check, for $3.50 000 the words
"charge to loan account Harrott Noyes" did not
know OF any loan having been granted To that firm;
was informed that the checks were drawn 10 defray
expenses incurred by Mr.. stockwell in Washington;
! examined the accounts OF the company with refer
ence 10 these checks when before the Committee on
Ways and Means in Washington, and found the entries
for them In the cash book but found the entries with
out any names opposite to them the cash book No IL
now before me, is the book 10 which refer; see here
the entries aggregatng $3.50 O00 the OF Ell
bridge and Irwin the agents, were always rendered
once month; don't recolloct
CHECK OF Five HUNDRED THOUSAND DOLLARS
paN to Eldridge and Irwin in the first six months or
The witness was cross. examined at length by Judge
Fullerton and said that no performed the duties OF
secretary and also of treasurer during the absence OF
the latter officer; the dntes OF the secretary to at
tend all meetings OF tho Board OF Directors, record
their proceedings, manage the correspondence, drnw
contracts, &c the treasurer was absent from post
at the time whsn these checks were drawn, else I
should not have made them; Mr. Bellows directed me
70 draw the checks and he was acting under orders Of
Mr. Stockwell, the President; had no intimatiOn at
the time as TO what purpose the checks were TO be put
to-
Judge Fuerton-No suspicion about itV
Wnness-Am required TO testify TO all my suspi-
cionsy
Mr.. vanderpoe-I object to that.
Judge Fulerton-I insist upon It,
Judge Bxby ruled that the witness need not testify
as to his suspicious
The witness said AT the time OF drawing the checks
marked against them in the margin the letters "A
b. 5. - was handed small piece of paper with
eral amounts on H. und drew the checks accordingy
received further instructions from Mr. Stockwei within
thirty days after the drawing Of these checks TO
out the margins OF them, and they charged to
Eldridge and Irwin; MIR. John Ronday the book
keeper at that time il his duty take the items
from the check book and To charge them Eldridgo
and rwin the transferred the entries from
the check book to the general books n month;
Mr. Irwin left for San Francisco tho 25th of May to
resume charge there of the company's agency heard
that under the direction OF Mr. Stockwell Mr.. Irwin
spent two or three months In Washington, further.
ing the business al the capital for which
never spoke TO him about the checks drawn on the
Oath OF May; l am sure that Mr. Stockwcll made
II he did report anything about 1t the matter must be
on the minutes in my handwriting on the 14ih OF
February 1872 the President authorized by rcsolu
ton OF the Board OF Directors TO employ counsel and
incur whatever necessary expense might be wanted
push the SUBSIDY law then before Congress- according
TO the best OF my recollection Mr. Stockwell-Dot
President of the company, but individual
stated the Board Directors that he had expended
together the sum Of $3.50 OOO this was good while
after the resolution OF the l4th OF February, 1872 had
been passed. inferred from his conversations that ho
had acted upon his individual responsibility; no
Boards sittings but after 1t had adjourned; under
stood that the sum was expended out OF Mr. Stockwes
own pocket
Judge Fullerton gave the check book 10 the witness;
asked him TO examine the margin OF by the aid OF
magnying glass and say II he did not discern there
tho letters &c NJ" The witness examined the book
and said that he part OF the letter &c" and por-
tion OF tho letter m y these letters he believed stood
for the Chna MALI witness said that In connection
with this subsidy Mr. IRWIN was four fve or six
months in Washington; the letter on page 240 OF tho
letter book is an official ono under my handwriting;
xvro 10 itatth he of Erall tha
addressed to Eldridge aud IRWIN, announcing to
them that Congress had granted to the Pacific Mail
Company subsidy OF $500 600 per annum for the
space OF ten years; rccollect that Mr. stockwell,
when he informed the Board that he expended
$9SsoOo, asked i there was any other min.
Congress first took action reference this subsidy
some time in ls13-probaby early IN that year; the
company took no further action in that matter than to
answer by counsel the citation OF the Committee on
Ways and Means; did go on until received
SECOND SUMMONS
which peremptory; had some general conversa-
toD with Mr.. Irwin about the 25th Goth of May,
1872, concerning the expenditure OF the company's
moneys; don't rocoect of any communication having
been made by any of the Board to Mr. Irwin about tho
spending OF these moneys; rccoect that conversation
was had to the effect that $40 900 or SIS 900
should be expended under tho resolution Of the l4h Of
February; l don't rcoolIect that any other member
suggested That larger sum than $40 900 $4,000
ought TO DO expended or that S5Oo0C0 might be en-
ploycd
Mr.. vnnderpoci resumed the redirect examination,
when the witness remembered that II was stated that
the expenses incurred under the resolution of Febru-
airy IL, TO include the rent a house In Washing
ton, giving an occasional dinner procuring statistics
of commerce san Francisco all the ports of the
Pacific, Japan and China and in submitting them 10
Congress for the Information OF that body
To Judge Fucrton--Whon Mr. Stockwcl reported
that he had individually expended $3.50 900 there
quorum or more present OF the Board of Dircctors
he said the outlay was
on HIS OWN RESPONSIBILITY;
this $550,OO0 not included IN or spoken OF as
belonging 10 the greater sum named by Mr. Stockwc:
nc was asked about how much money he had srcnt in
connection with the subsidy, and he stated that he
had expended about $gS9, 900; thought that this
sum included the 500 0OO question; the Board
claimed that Stockwcli should restore to tho company
the bulk OF the money which he had spent; there was
n settlement made with Mr. Stockwell In March 1873:
the matter related TO some stock the Panama Rail-
road Companyi there was another settlement made
In August lS73
To Mr.. Nnndcrpoel--I do not know that any OF the
Board knew anything about this $3.50 600 uutil 1874
..nrn a-I.-.