The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-03-17

an officer may be brlbed by other cOnslu-
erations than money. and that It Is not es-
sential that the price paid should lnure 10
the pecuniafy benefit of the party bribed
it is sufficient lift be paid to another at his
instance and request. 1t is 1mmaterlal
therefore, in this case. whether the money
or check was paid to ACKNOWLEDGEMENTS
Davis for his. own use and benefit, as alleged
in the 1st, I'd, Sd and 18th articles OF impeach-
ment, or whether it was paid for the use
and benefit of A. @. Packer, as alleged IN
the 5th article-if either be true he is guilty
of bribery If the pardon was paid for. IL is
immaterial whether the price was five cents
or five one hundred dollar bills; and it IS
equally immaterial whether it was paid Tor
the use of Davis or for the use of some other
person at his instance and request. A strl-
king illustration of this proposition Is TO De
found in the recently exposed bribery OF
the Secretary of War. We presume no on
will contend that he is any the less guilty
because the money was paid TO his wife anu
not TO himself. That the case before us was
one of bribery, from its inception to IL
close, is abundantly proved. From the pc
ginning money was demanded TO OBTAIN tue
pardon, and the Lieutenant Governor
knew that money was deposited with Mat
thews to pay for it. That the money so de-
posted was not intended or considered as
Matthews fee, but deposited with him as d
corruption fund, To be placed "where II
would do the most good" is evident from
all the testimony about this money When
Barrentlne learned that it had been depos-
tied in the name OF Matthews wife, went
to Matthews and by threats compelled him
to return it. This he would never have
done if he had regarded it as Matthews fee.
He spoke of iE as his money, ana or tue
danger of his losing it in case OF Matthews
death; and Matthews also spoke OF 1t "a
Barrentine's money, and refused to receive
the second deposit through Gibbs on ac-
count of the difficulty about the first. The
second deposit with Gibbs was said TO be
substitute for the first, and like Ii, was IN
tended as a corruption fund, and GlDDs,
who received and distributed it, evidently
so understood it, for he reimbursed himself
out of it what he had loaned Davis. and
when asked why he did it, said, because he
''thoughtit was the quickest way to get his
money back" The defense relies upon the
fact that no direct proposition of bribery
was ever made to ACKNOWLEDGEMENT
Davis. and that in the outset it was not con
templated that the pardon should be issued
by him, but by Governor Ames. This was
undoubtedly Barrentines expectation In
the beginning, but what Davis and Mat
thews contemplated is not so clear; and
after the first pardon was delivered, Barren
tine expected the next from Davis, as shown
by his remark: Il will trust the negro
Further, Barrentine says, after the first
pardon was presented, Matthews told him
for the first time of his hotel difficulty with
Ames, and said che could not get pardon
from him, but would get it through another
party ;" and that party was evidently Davis.
Matthews, in the first instance, went to
Davis, aud though Davis objected that he
could not have anything to do with iG, be
cause he had issued the proclamation for al
rest. he continued to have great deal TO 90
with it, and he suggested the name OF Pack
er, and that he should be paid for his ser
vices. This was the first, and perhaps only
IL - hill oh
testimony, aud although cOvertly expressed
was perhaps as well understood at the tim
as the declaration of bankers who have no
money to lend at legal interest, but al ay-
know of some friend who can spare littl
at usurious rates 1T Davis really meant C.
employ Packer, it is strange that Packel
never heard of his employment until aitri
the first pardon had been issued, and thai
Davis should have claimed the same com
ppnSation for Packer tor the first pardon
that he did Tor the last. Packers statement
before the House Committee shows that he
did not know OF the first pardon until after
it was refused, and yet Gibbs, Matthews
and Davis speak of the employment OF
Packer and the payment of Packer in their
consultation on the 2lst OF May, when the
first pardon was delivered. 1t is true that
Packer made different statement before |
the Senate. but In this he is cOntradicted by
Rhodes. Packer had said that his first EN-
ployment was while Ames was at Bay ST.
Louis, and he started to 60 there, when he
heard he was about to return. Ames re-
turned in June TO go north, and this cores
ponded with Packers statement before the |
Committee as to when he was employed |
When he undertook to state his emnlOv-
ment to have been in May, he made Gov
ernor Ames take flying trip up from the
Bay and go back on the 2lst of May. Nei- |
Their Governor Ames nor Mr.. Rhodes testi- |
lilly to any such trip, and Mr. Rhodes is |
positive that Governor Ames was not in |
jackson on the 2lst Of May, and the Gov |
ernQr says, Trom the examinations of the |
records of his office, he was not. But if il |
should be admitted that this money was |
paid to Davis solely for the use of Packer
and that Davis received no pecuniary ben
eiit from it, that does not alter the case.
iloWslng's receipt, and other testimony,
SHOWS that the money was deposited with
nm to be paid out for and in consideration
OF pardon to Barrentine, and that this was
zone, not only with the full knowledge and
consent of Davis, but by his direction and
upon MS contract. Now, that Lieutenant
Governor Davis should bargain for, or even
permit with his knowledge, payment to be
made to Packer or any one else, for a par
Jon to be issued by himself, makes him AS
guilty OF bribery as if he had received the
money Tor his own use and benefit: and we |
are astounded at the unblushing ettrcntery
d the defense, which undertakes to shield a
L4ieutenant-GovernOr by showing that the
acknowledgements, an intimate friend of
Doth the Governor and Lieutenant-Gov-
ernor, and at times Private Secretary to
each, was openly engaged in receiving
DrlDes' 10 influence the official conduct OF
ne Governor, with the knowledge, consent
ana procurement of the Lieutenant-Goy-
,rnor Mr.. Packers claim to payment is
BASED upon the effort nade. by him to pro-
,ure pardon from Governor Ames, aud
ms Is his testimony on that point: {
y. Did you urge him to do this?
a. old sir. asked him to take some
Iction for or against, and he claimed a nrasS
II business and did not want to take anV ac-
ion at that time.
u State all that he said to you-whether
he suggested anything about Davis issuing {
he pardon? G
"A. es' SIR; he said he was going North
II a short time and if he did not do If he fore d