National Republican., 1877-10-12
CROOKED LOGS
BOILING THEIR WAY THROUGH THE
CRIMINAL COURT.


The witkowski Trial still Progressing
Jutant General Townsend Responds to
nm Attachment and Gives His Testimony
The Defense Finish Their Evidence and
the Rcbuttal to be Put In To-day
The trial Of julius witkowski was con-
tlnucd yesterday before Justice Macarthur.
shortly before the court convened D i.if Taylor,
accompanied by Adjutant General T. D. Townsend,
OF the United States army, for whom an attach.
mcnt had been issued cAmo into the Chamber
where number Of spectators had already gathered
10 witness the proceedings. Tho counsel for the
defendant were early in their places, rs was also
the Government prosecutor. Amer the Jury was
poiled, General Townsend was called to the stand.
District Attorney Wells wished TO know whether
he was To be examined as witness
Mr.. Carpenter. We want him to explain some OF
these papers that we cannot understand. We have
no contempt to set up and Il the District Attorney
wants it, he can have 1t to his hearts content
Tn eCourt have informed Cen. Townsend yer.
bay that his letter Of yesterday perfectly salts.
factory and ! presume this proceeding will be
District Attorney Wells. This court very well
knows that ! had nothing to do with this business,
and | merely wished to know what steps were to
be taken. The attachment was not at my asking.
Mr.. Carpenter. Well, It was at mine. My client
deemed the presence and testimony Of Gen. Town.
send necessary for his defense and not being able
to get Gen. Townsend here in any other way. I
called for the attachment and am willing to bear
the responsibility for so doing
GEN. .-owSsEND WAS THEN SWORN.
He testified 70 bens ndjutant general Of the
army aud that all papers reinnNe = the adminis-
tration Of the army were in his ONCE. -: there
were other papers growing out of the operations %
s hn, Se TO S Of
exercised control At his request the papers Of tho
field were boxed up and sent to the War Depart.
ment Book shown.) That came from tho De.
partment OF the Cumberland and was called an
ind9rsement book, He did not know where the
could be iSund There are % number ~ Of pS1; papers
that came In bulk from the Army Of the Cumbcr.
land still packed In boxes, which have never been
sned or filed for the want OF the necessary clerical
force to do IT, but as far as he knew all the papers
pertaining to the case in his possession had been
from the Office, except to be produced In court
None OF them ever were allowed to go South to be
TO some Of the parties concerned. They arc public
phners and must be kept on file.
Crossexamined; II was not usual to enter In any
book all the orders and references of paper be-
cause the papers, being on ile will show that them
selves. An the memoranda is made authentic by
the signature Of some officer who compares them.
Redirect; The papers submitted were combined
copies of the index and Endorsement books
A CLERKS EXPLANATIONS
Henry Ellerbrook testified that he was a clerk In
the Adjutant Generals Office and had charge Of the
particular army records being used In the trial lie
explained the use of the index and Endorsement
tcrland and showed that the two communications
offered In relation to Hardin's contract with Wit
towski were on different subjects and did not per-
tain exclusively to that matter. The records Of this
department are very well preserved.
Col. Calvin Goddard recalled He recognized the
signature Of Major Morton McMichacl as genuine
lie was assistant adjutant general under Gen
Thomas IN witness office, and he was very familiar
with his handwriting. He was familiar with the
books of the Department OF the Cumberland, as
they were kept in his Office.
The defense then put in the record, which was an
Endorsement to the effect that Wikowski, by fraud
obtained timber from HNrdin's land, aud the latter
could obtain no settlement for II; and as Wit.
ernment for his timber he, Hardin, objected to
any money be advanced to him This was re-
ns,v ic,red to to Nspii Donaldson who replied that the
he had his remedy in legal way.
=, The defense then put in the case Of Hardin VS.
Witkowsk in the Court Of Claims for s3OOOO worth
of timber cut on the lands Of the former, and show
Ing that the bill was dismissed on
A SETTLEMENT BETWEEN THE PARTIES.
Gen. Robt. D. Mitchell testified that he was con.
neeted with the Army Of the Cumberland in ls6!
and relieved Gen. Nesley Of command Of the post
formally In December following. lie knew that
Witkowski furnished logs and wood to the post
Hardin lands.
In order to accommodate the witness who was
from distance. and was called In rebnttnl by the
Government Archie McGee testifed: He was clerk
Of the District Court for the Southern District Of
Mississippi. He produced the records IN the matter
of Julius witkowskfs bankruptcy. He was adju.
dicated bankrnpt August IS, 1858 The petition
indebtedness entitled to priority and payment in
full of 5000, due to the United States internal
GTySS @ ana n% No debt TPGCd
officer thereof There was amendment or sup
Elementary petition filed.
j. II. Cochineer was called for the defense. lie
resides In New York city Was born and raised in
Cincinnati. lie was in Nashville In 1862 63, and
since these troubles commenced he has been EN-.
plOyed by Witkowski To look up testimony in his
defense, md at the suggestion OF Messrs shellaber
ger and Wilson.
lie reported to Capt Morton in Nashville, Decem.
Der, lsl but did work for him early as Oc.
tober 1862. He knew his signature very WELL
having
SEEN HIM SIGN HIS NAME REPEATEDLY.
He pronounced his signature to the voucher for
Ala logs s genuine; also for the 936 logs.
In the fall Of 1862 wltkowski furnished logs and
cord wood for the engineers department about
tlons, He knew Lieut.. Burroughs intimately, and
occupied the same room with him for year and
Morton and WIttowssi early in January, 1858 in
the engineers office. He read the contract and 1t
SSs agreed to pay ~ for logs and :, for cord wood
called witness particular attention to the contract
was the remarks that Lieut.. Burroughs made on
handing II to him. He said that II was the damna.
ton of st. Clair Morton. Later Capt. Morton told
witness that he thought II was good contract for
the interest Of the Government. The timber, was
1868 that Lieut. Burroughs told witness that wit.
kowsk was trying to secure settlement Of his
contract.
CAPTAIN STUART HAD NO COMMISSION,
hut wore the uniform Of an officer of that rank
and was recognized as an officer. lie put on the
uniform because no civilian was permitted to pass
IN and out Of the lines.
Crosscxamined: lie got no pay for obtaining the
testimony, but had his expenses paid He received
ss2i to 20 to Chicago aud St Louis and back II
was a. well known fact that the contract listed
Il was that the Ohio election took place last Tues
day lie saw Mr.. Willct and Mr.. Bridges in ChicA.
60 He supposed that thcy knew about the exist.
eHce of the contract Stewart and Elliott also
knew about II. lie held his first conversation with
Capt. Morton about tho contract In October 1862.
At this lunCturo the clerk Of the Court Of Claims
appeared In response to n subpTnn and stated by
direction Of tho Chief Justice Of the court that he
could not produce the papers called for.
Mr L., D. Whitney testified that he was author
lied and did settle mp the accounts Of St. Clair
Morton. His hr thcr directed the witness to dc.
liver to J. 7. Elliott any papers relating TO the
estate which he did. taking his receipts for them
May ~ ls1i He recognized Elliott and they shook
hands.
The deposition Of Sterling r Austin was then
read and was merely cumulative on the con.
tract and delivery of timber.
The defense here closed their testimony.
Col Cook said that among tdr defendants was
MIR, Elliott who was In feeble health and should
not be IN confinement, and he asked the Court to
fy big hai