National Republican., 1877-10-09
NASHVILLE LOGS.
BEGIwEISG or THE SECOND WEEK
or TIE TITOWSEI TRIAL.

in Maine-Hon. Jers Wilson Opens for
she Defcnso-Two Judges Te.tifying ~ to
the Legality Of the Timber Claim.
The second week Of the trial of Julius J.
witowski, charged with conspiracy to dcfrsud the
Government, by means Of a false claim, for logs
supplied TO the defenses of Nashville Tennessee in
August, 1861, was begun In the Criminal Court bc
fore Justice Macarthur yesterday morning. There
were present District Attorney Wells and his a..
sistant X, r. Wells, jr representing the Govern.
ment aud Hon. Matt Carpenter, Jere Wilson and
Colonel william A. Cook counsel for the defend.
ant, General Negley was also in attendance, and
remained during the session Of the court occupying
seat between the accused aud his attorneys. Al
times he prompted the counsel with timely suggcs.
tons, which aided them materially In the exami.
nation Of their witnesses.
Shortly sfter the court opened, and before any
progress had been made In the case, delicate.
loott1g man, with blonde hair and somca hat
tusts.ih his dress, was brought in and placed in
pc dock. He proved to be James T. Elliott, one OF
he parties indicted for the conspiracy. The Dis
trict Attorney has been on his trail for some time
gSed q STATES I % M%hs % Kent TapII6GS a Ie Y F. PGP%y N.Y.
who started with hin, Immediately for this city,
The cause Of '&itowski proceeding, Hon. Jerc.
defense. He said that there were two material
fvermcnu IN the indictment which must be proven
before verdict could be given against the accused
One was conspiring together to collect fraudulent
The evidence 10 sustain this charge must satisfy
them that the parties came together for that pur.
Pose. then; sec6nS the Government must prove that
the claim was fraudulent one. They proposed to
present considerable testimony on tho latter point
for the jury's attention. The defense claim that
upon the Governments own testimony there was
mot suicent evidence to warrant the Jury in find.
Ing verdict Of fraud. In addition, they, would
prove that the claim was valid and should have
been settled long before II was.
THIS TKANsAcTIoN HAPPENED FIFTEEN YEARS
and was one growing out Of the war. One of the
principal actors In the matter was dead and others
bow difneuit il was to bring before them at his
late day the prooh Of this transaction.
a, Early IN August, ls6a. Gen. Buell. came North
through Nashville, on the way to Louisville. on his
famous raid. Amer he had been out Of Nashville
short time he sent back for Gen. Thomas and his
command, and he followed. When Gen Thomas
len, II was then determined by the authorities at
Washington to abandon Nashville to the Confeder.
ates. Andrew Johnson was Military Governor at
that timo and protested against the evacuation he
being determined to hold the place oil hazards
Gen. Neglcy was left with q small command In the
city: and he commenced to fortify H. that he
might be able 10 resist all assaults.
II was under these circumstances that Gen Nor.
ton, enEineer.in;c chief ns they would show, com.
menccd 10 use all the appliances he could avail
himself Of TO complete the Qualifications. He made
aconract with Witowski for logs for the fortlhcs.
from the inclcmenCy of the weather. They would
show that there were eighteen twenty thousRnd Of
these huge timbcrs cut and put into these ortifca.
BY everybody, that
wITowsEI WAS FURNISHING THESE LOGS
They would prssent the testimony Of mcn who
knew all about the transactions, had opportunity
70 know, nnd that the contract was absolutely
made and became the subject Of conversation be.
tween tn" parties. They would show that bankers
nom I WI WHOM n Wi,0wss was trying 70 get money TO
funds until satisfied thai they would get It back.
They made inquiries were shown the contract aud
assured that the negotiation was safe, and then
they did advance the money to Witowsk to carry
They would show that witowski cmployeds a large
number OF men in cutting these logs, and paid
them for their services They would produce Ger
tiicates signed by Gen. Morton for $40 logs fur.
nished by witowski, which parers were deposited
with the bankers as collateral for loans. II this
was, true, then the case was settled beyond all
further controversy, and showed that the claim
was honest, and should have been paid
II they proved these facts 1t would be strange
conclusion that the Jury should .sy that Mortons
srnment Of the United States
He then proceeded to give detailed account Of
the claim, its perambulatons through the respec.
tive Government Offices and Anal settlement, and
concluded by promising to show It's genuneness
and validity In every respect
OPENINo THE TESTIMONY.
The defense opened their testimony by present.
ing the deposition Of Mr.. Lyman Bridges Of Chi.
csgo, H. He y a contractor for the construction
tom IN S s.nt ssneer M.n faP IN s.nem M%5
Der 1852 He was afterwards detailed to the pioneer
brigade OF Gen. Thomas command and served
Secon With % Cart ' Norton s' was s a, IA Ns.RTe xvi S IN
September, 1852. His duties at that place were 10
fcations. lie had heard Witowsh and Morton
oonversing about 4 contract between them and
thought he had seen the original contract and his
Ayered to Norton, clerk for sane keeping.
BE heard Morton speak to Witowsk about the
delivery Of logs and timber, and given orders
N him about them. He was present and heard
Hitowskl ask for permits to cut hogs on Planta-
lions near Nashville, for passes for men and the
Hat I'm all
he could. He urged witowski to obtain logs and
tecure saw mills, and In some instances 10 pull
down buildings TO secure material with which to
make defenses The contract was between Morton
And Witowski g. Co, The latter contracted to sup,
dsfenses and furnish fuel 70 the camps about
Ha.hvllle. The logs were TO be furnished at S.
each. Witowski appeared TO work hard to
CARRY OUT THE ORDERS OF CAPT. MORTON.
The deposition Of James r, wiIleu was next read.
lie y an architect and resides in Chicago, He was
IN Nashville In 1852 -6S with his regiment, of which
he was adlutant, In lssS he was in the engineer
department at Nashville and engaged In the cree
fon Of fortifcations around that place. Fort Neg.
ley was the largest of the forts and required the
&so extensive and took large number of logs
he knew that Witowski had contract in 1929
with Captain Morton 70 furnish wood to the army
around Nashville All the timber was cut from
know personally whether witowsH had contract
F$S' rifsSd in and around Nashville numbered over
j ne hrN witness examined was Judge f. III. East,
81 Nashville He had lived In Nashville all his
Me, and resided on the Abbey farm. two miles out
flown. There had been no timber on the farm
for twenty years past. He was Secretary OF State
under Military Governor Andrew johnson. In the
latter part OF August, 1862, Gen. Buell. returned
from Pittsburg landing, passed through the
place and len Gen. Thomas In command but after.
wards ordered him forward. Con. Segley re-
naincd IN command, They then began strength.
ening the Notifications, and continued
AT THE WORK UNTIL HOODS RAID.
After the army len place was I'm a s,a nF
Sese and remained that way until the advance OF
Cen, McCook, IN the following October. In De-
cember the advance towards NurfreesbOrO' was
made The order relieving Gen. Neeley from com.
R,a1d wns dated Defsmber 10 He went to the
held, and was succeeded by Gen. Robert Mitchell
The legitimate population Of Nashville at that
time was about twenty 'fve thousand, but at the
time Of the siege there wss between seventy. Ave
nnd one hundred thousand persons hcmmed In the
pity. The army undor Gen Ncgley supported itself
by toraging and the GOyermncnt IN This way was
Furnishing food for the people confined In the city
lie knew WitOwski at that time. He was in tie
wood business OF some kind, The witness wrote
ihe papers for settlement between Mr. Holmes
irving and Wtowsk for timber cut on the land of
fhe former, amounting 10 between two and three
hundred acres OF woodland He knew that the
timber taken from these lands went Into the CON
btrucnOn of the Qualifications and was the subject.