National Republican., 1877-08-31
THE STOLEN CLAIMS
DISCUSSED IN THE POLICE COURT
YESTERDAY.

PRACTICE, AND Is WARNED THAT HE WILL
HEAR FROM 1T.
The case of James NJ. Wilbur, charged with
tho larceny Of the papers in the cases Of 1872
Mexican claims from Jasper W. johnson, was
| called In the Police Court yesterday.
Attorney Miller was assisted In the prose-
cutiou by Col. Brown, of Georgia. Mr.. II. w.
Garnctt and Mr.. T. J. Miller appeared for the
defense.
When tho case was called Mr. T. J. Miller
arose and said that he had been just served
| with a Subpoena daces fecua, snmmoning him as
| "A witness for the prosecution. He hoped the
Government as 1t seemed disposed to deprive
| the defense thus Of one counsel, would wait
| until tho return Of Mr. Garnctt the other
counsel. Perhaps tho prosecution may relieve
| the embarrassment by dschargipg him rs a
Witness US he knew nothing of the facts Of the
| nasc except from consultation.
| Attorney Miller said that appearing as
witness for the prosecution need not prevent
Mr.. MilIer's appearing for the defense. Then
Mr. Garnett came in.
| J. ". Rhodes testified that he had served n
| copy ~ the notice to produce the papers upon
Wilbur, and he refused to acknowledge ser.
vice. but referred him to his counsel. and wit
moss handed IL to Mr.. Garnctt.
| Mr.. T. J. Miller, counsel for the defense, was
called to the stand aud testified that he had
not the papers In his possession, and did not
| Know where they were.
| Mr. Jasper W. johnson testified that ho had
hrcn In the business of collecting Mexican
claims since 1872. Tho papers were prepared
in Texas by the claimants. Somo of the blanks
we're not filled. There were no other names
attached to the papers but his own, the claim
ants aud witnesses. The papers were fourteen
hundred and twenty-five in number. Some
he brought here himself and others were sent
| by express Ho had a law case OF Mr.. Will
bur's aud used Wilbur's rooms as his Office
until they had this difficulty. Wilbur told
him he represented some New York parties
with whom he could negotiate n sale of tho
claims; that they were in this city, and he
had been out riding with them. The last
time witness saw the papers they were in Will
bnrs possession. That was when they had
completed comparing copies with originals.
Part of them were put in a tin box and others
in a wash-stnnd In the front room. Wit
ness asked Wilbur for them, and he
declined to say anything, and would not tell
him where they were and told witness he
would be Obliged to him to get out Of his
room. The time he went out with the officer
to serve the search warrant Wilbur ordered
him out Of the room, and the officer prevented
him from putting him out. At that time they
opened drawer where there were clothes, and
Wilbur said, "You sec there is nothing in
there" Witness was not satisfied with the
search, and they pulled tho drawer open again
and looked among the clothes, and found the
book and abstract among the clothes. The
officer told Wilbur that he intended to search
| through everything in the house. They opened
| a cupboard and found the claims in q valise in
| the cupboard. The cupboard was locked and
| so was tho valise The papers found in the
| drawer were mentioned In the warrant Will
bur had no authority to take the papers. Wit
ness had parted with no interest in them.
They were his and his clients property. Wit
ness left the papers in the front room-part in
the tin box and part in the wash stand
drawer. He did not find them In tho
box. Wilbur wanted them for the
New York parties to examine, and then
wanted copies Of them. Copies were made
and the originals were placed In the Treasury.
Witucss was to receive S35 900 for one-half Of
his interest, or 81 cents on the dollar. Wilbur
| never told him who the New York parties
were. Witness waited long time and be.
came impatient and asked for the papers in
order to negotiate them himself This Wilbur
denied him and told him IL he had thought
witness was going to break off he would moi
have allowed him to take the originals away
this excited witness and he said he either
wanted the papers or $4,000. He didn'
know who the New York parties were, ant
didn't know whether any New York partic'
were negotiating for them or not. Wilbur
said the New York parties were not satisfied
with the bill Of sale and wanted another
| anu toiu WitieSs W Ro W tHe reiSurN anu Re
the originals. This he declined to do. vii
bur suggested having the papers brought bach
and compared by notary public, They wcr
brought back aud compared, in witness pres
ence and that Of several gentlemen. 1t wa.
late in the evening when they got through
and he left them there that evening and hat
not seen them since. 1t would cost S25OO0 o
$4,000 to reproduce them. His private letter
and hooks were left with Wilbur.
Cross-cxamincd by Mr.. 7. J. Miller: To
question as to the intrinsic value of the paper
Mr.. johnson said he had agreed to sell on
!, fourth of them for $4,000, which was les
. than they were worth. He had been Offered
! $4,000 for them in Denver lands, but tina
. was not satisfactory to him. At one time h
sold a share in them to BENJAMIN Hollida,
and A. Thompson for $2, 500 per annum, AM
it was then reduced to 81 900 per aunum, pay
: able quarterly. Witness soon after rccovere,
tho pa pers; never put them in Wilbur's hands
carried tho papers to Wilbur's room about
month and half after becoming acquainte,
with him. 1t was some time in June tina
they were carried to his room. The Ney
York parties wanted copies of them and the.
had to be made at Wilbur's expense; took tn
papers to Wilbur's room and tied rop
around the box in order to throw then
, out of the window in case Of fire. Tn
: notary was three days comparing the papers
After Wilbur had kept him some time h
ilhphtlShtt hhu tVlu W hDui thht sUulc
S body had licd-he or the New York partie,
=, and he proposed to take the papers away
and that raised the row. When they cooe
down Wilbur said he didn't want the paper
. he had no right to thom. This was two o
J; three days after he brought the papers bacl
Il from the Treasury, Wilbur carried the Ike
\ of the closet, and always got the papers ou
/. They were In the tin-box when carried I
4 Wilburs. Mr.. Randall accompanied him
A gentleman told witness that Wilbu
= wanted him to take his clothing and privat
% papers away. Wilbur told him he wanted hin
/. to take them away when he was there wit
/. the officer. Don't recollcct ever asking Wi
., bur for his book of poems and private paper
Il was so much interested in the other matter.
4 Redirect: Was there month attending
Is Wilbur's claim, A paper was here shown wi
ness, who identified it as the agreement Wi
IT, bur said was satisfactory to the New Yor
!, parties. They were never executed, and
s didn't propose to execute anything until Il
money was paid
h. Mr.. X. b. Mitchell testified that he Wei
n with Johnson to Wilbur's rooms when u
Vi former made the demand for the paper
Wilbur told them If that was what they can
for they could go, Johnson asked him If !
declined to give up the papers, and Wilbur :
| nlinI Nes