The Portland daily press., 1876-07-13


to the firm.
Cross-examined by Carpenter.
Witness knew E. b. Durfee did not know
that he was ever partner OF j. s. Evans or in
terested with him in any business. Received
the Evans contract with Marsh and paid money
in accordance. Carpenter then submitted in
evidence the letter of Caleb 2. Marsh and Hon.
Hester Clymer, dated New York. Feb %, 1876,
to the effect that there never was any agree
ment between the Secretary of War aud him.
self.
Hester Clymer, chairman of the House COM
mlttee on expenditures in the War department,
was recalled and testified that portion of the
testimony of Marsh was ia his own handwrit-
ing.
The testimony for defence was then COM
menced. Mai. Gen! ohm Pope was sworn ana
examined by Carpenter. He testified that
Fort Sill was in the department he commanded.
Applications to sell liquor were always sent to
the War department for his approval. Wit
ness was then asked about the extension of the
Fort Sill reservation, but the managers object
ed on the ground that the order was on the
subject and would be found in the war depart
ment and need not be testified by witness.
OF lection was sustained.
Witness knew of instances where the post
trader or sutler did not reside at his post prior
to the order of March %, 1876. Had known
Gen. Belknap since 1870. He knew of no rea-
son why the general official conduct of that
officer had not been honorable and upright.
Carpenter then submitted letter from Lieut.
Gen. Sherman, dated Chicago, March 8, 1872,
stating he had examined the circular on the
subject of posttraders, issued on the 18th of
March, and thought very we'll of it. So far as
the troops were concerned it was especially
fair.
Gen. Robert McHurley, Commlssary General
Of subsistence, testified he had been stationed
on the Western frontier previous to 1860.
Knew of one instance at Fort Brady where the
sutler resided away from the post. Previous to
the order of March 26, 1872, there was no regu.
lation requiring posttraders to reside at their
posts. Witness has been Commissary-Gene
of subsistence since April, 1875, and so far as
he had any knowledge the management of the
War department under Gen. Belknap was char
acterized by honesty and justice.
Adjt Gen. Townsend testified he forwarded
the letter of Marsh making application for til at
post-tradership and also the letter of General
Grierson complaining of the abuses at Fort
Sill to the Secretary of War through the ordi-
nary course of business.
Col. Nelson FL. Davis. Inspector General, tes-
titled that he knew the post-traders Durfee and
Peck. They had Forts Rice, Stevenson and
Sulley.
Before proceeding further with the examlua.
ton of witness, Carpenter said he desired to
state to the Senate that it was impossible for
defence to go on without the witness Evans,
and be asked the court to adjourn over rea-
sonable time to allow witness 20 get there.
The managers objected and argued that de-
fence should be compelled to go on with the
trial.
After discussion between counsel and man
ayers, Mr.. Conkling submitted the following,
which was agreed to.
Ordered, That the Senate will receive any
evidence otherwise competent which counsel
for respondent says will be connected with the
case by the testimony of the witness Evans,
now absent, but who has been summoned and
expected to appear.
Col Davis testified that so far as his knowl
edge went the manner in which the War De-
partment had been conducted by the late Sec
rotary of War was good. His character had
been one of integrity and honesty. Knew of
Major General w. S. Hancock was called,
but it was announced he was too sick to attend
today.
A. f. Crosby chief clerk of the War Depart
ment, testified that after the passage of the
law of 1870 in regard to post-traders, the Secre-
tary of War called upou all the department
commanders to report the names of persons
acting as post-traders within the limits of their
command. Witness produced a book of the
department in regard to post-traders' applica-
all the officers at Fort Sill. j. c. Dentwa ap.
pointed apost-trader at Fort Union. There
were about 100 posts throughout the country.
Not more than two of them had more than one
trade. Witness understood that the order of
March %, 1872 prepared by Gen. Mcdowell
complained of in the New York Tribune arti-
Gle. The paragraphs in the order according to
my understanding were framed to remedy
charges contained in the Tribune article. Wit
ness here produced the indices of semi-official
matters, etc., received by the Secretary of War
and testified he kept the indices and entered
upon them everything he thought it material
to remember.
The letter of G. P. Marsh requesting that the
appointment of post-trader at Fort Sill be
IL -, - &c Val.z @
received October 10, 1870, and was dated New
York, October g.
Cross-examined by Mcmahon.
Many of the letters mentioned in the evidence
were on the official files of the department.
Witness here read from an entry in regard to
the Marsh letter to the effect that he was rec
commended by Senator Sherman and Hon. Job
Stevenson. and testified that he could not re-
member whether there was letter from Gen.
Sherman or not Did not remember of having
been directed BY the Secretary of War to enter
on the books recommended by Senator Sher-
man and Hon. job Stevenson
The defence here submitted an extract from
the report ofthe Secretary of War dated Nov.
20, 1875, calling attention to the law providing
for the appointment of Eost-traders. suggesting
that the law be passed giving the appointment
OF suffers to the department commanders.
Maj N. b. Mclaughlin of the 10th cavalry,
was sworn and testified he had been a member
of the council of administration at Fort Sill and
recommended the reappointment of John S.
Evans as post. trader there short time ago.
Brig. Gen. q. q. Aver testified that so far as
he knew and so far as he had relation with
Gen. Belknap, his administration was regarded
as just and able one.
Ex-Governor Ralph G. Low Of Iowa, testified
that he had known Gen. Belknap intimately
for about quarter of century His charact-
er was good He understood that the collec-
tions of internal revenue iu his district at the
time he was collector :were large.
Hon. VIM. B. Allison, Senator from lows,
testified he had known Gen. Belknap since
1857. His general character and reputation in
Iowa was good.
Hon. Geo. G. Wright, U. S. Senator from
Iowa, testified he had known Gen. Belknap 25
years. His general reputation in Iowa was
good. Never heard his integrity questioned.
Brig. Gen. Aver, Superintendent of West
Point Military Academy, Gen. s. v. Bennett
Chief of Ordnance U. S. A and Gen. A. A.
Humphries, Chief of Engineer Corps u. S. A.,
testified that the reputation of Gen. Belknap
as Secretary had been high as man of in
tegrity and ability.
Testimony Of a similar nature was given by
Judge Advocate General Dunn of the army,
Judge Miller of the Supreme Court aud Rep
resentatve Kasson, after which Mr.. Carpenter
moved an adjournment of the court till the ar
rival of the witness Evans.
Without action thereon court adjourned TIL
tomorrow.
Senate resumed consideration of legislative
business.
Mr.. Hamlin moved to take up the post route
bill so as to have it as unfinished business to-
morrow. Agreed to.
Adjourned till tomorrow.
HOUSE.
Harris chairman of the committee on cleo
tions, reported resolution on the Louisiana
contested election case, declaring Mr. Darrell.
the sitting member, entitled to the seat
Adopted.
Senate bill providing for the sale of the Fort
barney military reservation, Nebraska, was
passed.
The House proceeded to consider the bill re-
ported by Page of CAL, from the committee on
Indian affairs, declaring the country north of
the North Platte River open to exploration
and settlement. The demand for the previous
question was not entertained.
Mr.. Mason Of Iowa, to recommt the bill.
Agreed to.
Mr.. Thornburg of Tenn, from the committee
on military affairs. reported back the bill ap-
propriating 100000 for the construction of mil
itary posts on Mussel Shell and Yellowstone
rivers. Passed.
Mr.. Harris of Mass. from the committee on
naval affairs, reported the bill relating to the
promotion of commodores in the retire d list of
the navy. Passed.
Mr.. Hewitt from the committee on foreign
affairs, reported back the resolution declaring
the action of Robert G. Schenck while u. S,
minister to England, in becoming director Of