National Republican., 1877-10-10
BOTTOM LAND TIMBER.
THE WITKoWsKI TRIAL DRAGGING
ITS SLOW LENGTH ALONG.

A Good Day for Dcpositions-The Existence
of Contract Established, and the FURRY
II Created In Camp-A wrangie Over Pub
lie Papers-Thc Court Threatens to Take
the Case from the Jury.
The eighth day Of the trial of Julius Witkow.
ski indicted for conspiracy In presenting fraud
ulcnt claim against the Government Of the United
States, took place before Justice Macarthur yes
terday. The counsel on both sides were In at.
tendance. and by their legal sparring made the day
exceedingly lively. General Negley was also
present.
The defense commenced by reading the doposi
tion of Lewis Witkowski, a brother of the defend.
ant lie resides at Grccnville, Mississippi and was
In Nashville. In 1852, engaged In the mercantile
business. He witnessed the signing q the con.
logs and ord.wood, in October, 1867, which was
done at the Planters Hotel, in the ONCE Of Captain
T. Elliot, in addition to himself The hands were
employed by Wltkowski & Co., and witness paid
Lewis Peck. clerks, were also engaged al times in
paying the men, which was frequently done In the
woods, woods, when , The choppers were employed The ,e
lie had seen wiikowski deliver wood from the
Hardin and Irving bottoms. He delivered great
many logs. IRON, 5000 to G,ooo. and cord wood for
the army about Nashville during the winter of
Morton and Lieut.. BorrouGhs visited the store Of
witness, and had controversy as to the settlement
md TS hS eS o Of his r5 fnS%SdEs SnV WIT
fore Oct !bcr, 1861. aud before the contract was
made with Capt. Morton. lie saw witkowski and
on lands Of the latter. He recollected receipt
fora large number Of logs delivered by James
T. Elliott to Stewart and knew that Sanford 4 Co.,
bankers, made loans of money on collaterals Of
this kind.
GENERAL TOWNSEND DENIED THE RIGHT OF
THE COURT
Nthis point Colonel Cook interrupted the read.
had been served on Adjutant General townsend 10
appear and produce certain papers, on ae in that
Department which I was believed would throw
That there were no papers there as he had Informed
Hon. Jere Wilson, and he denied the right Of any
court excepting that Of the Supreme Court Of the
United States, to compel his attendance as a wit
His Honor remarked that the proceedings had
reached such stage that either the military must
supercede tho civil authority and the court become
paralyzed in It's progrcss or Its mandates must be
obeyed. question here arose whether its sub.
ceedings end, Colonel Cook replied that there
this issue and which had been seen that morning
and of which the court should be possessed A
client 10 Show that they existed, and they wanted
those papers produced In court.
Ills Honor said that Il these papers could not be
beproycn by parole testimony.
Col. Cook then stated that Gen. Negcy had read
that mnrning at the War Department q letter from
tart. Morton to Gen. Rosccrans showing when
the old contract closed and the new one began,
seen. and from his knowledge Of The case, he re.
Farded them as important to the issue, They were
among the h!cs and
THE DEFENSE DESIRED To OBTAIN THEM.
The Court directed that a subpoena be made on
the Secretary Of War, giving n list OF the papers
wanted and reqleSt that he would furnish them
At the solicitation Of the Court, Gen Negley went
with the marshal to sec If the papers could be OBJ
The deposition Of Gus,ave witkowskI, of Nash.
Vile, was then read. His testimony was to the
same purport rs that given by his brother Lewis
Wtkowski, with the additional statement that he
knew OF verbal agreement between witkowski
and Hardin for cutting timber by the former on the
lands of the latter before the existence OF the writ
ten contract Of October 1885,.
=. rhe next aep1siii9n was that Of Julius SAKE
vile Savings Bank, and has lived In the city since
March, 1852. In that year he was acquainted with
Witkowski, and knew him intimately He also
was acquainted with Capt. Morton Had seen the
timber lands Of Thomas Hardin, and they were
heavily wooded. He knew that Witkowski had a
contract with the Government for cord wood aud
timber and he oftcn paid his hands off in the office
o% e To @ GsS'SsSS nma hayns h lo%nSd sT
about loanng so much money Witkowski showed
him the contract 70 satisfy him Of his ability pay
back the loan. The contract was agreement to
pay 81 per log for timber and g. per cord for wood
The deposition Of Max SAKE was read. lie had
done business In Nashville since March. 1867. and
related his transactions with wtkowski, which
were OF monetary character. His evidence was
Michael Hagner, Of New York, dcposed IN the
effect Of being at Nashville In 1862 He gave an
count o. the contracts for timber furnished both at
Nashville and Murfreeboro. Tenn, which was cor.
roborative Of the previous evidence.
HE WAS BooRKEEPER OF wITKowKI's
and supplied detailed statement of the disburse-
ment Of moneys for logs and cord.wo cut about
the places above named
The deposition Of MIR Isman NOerr Of New York
followed, and was merely corroboratve Of the cx
tstihg contract Of Witkowski and his furnishing
the timber under II, He also had another contract
Mnrircebnro bat the delivery Of logs under
each was distinctive and at different dates lie
also know Of the owners of the land from which
The timber was cut being remunerated for 1t by
David Waldman's dcpostion came next, He re-
sides IN Little Rock, Ark. He became acquainted
with Mitkowski in lsio and wasa visitor to his frm
brokerage business with the defendant In 1864 hut
had no Interest In his log and wood claims. lie
WtkOwski wished toborrOw money and before the
dcponent loaned him any he wished to satisfy him.
sclfof the genuincness fthe paper The signatures
were In the handwriting OF the resnectlve con.
tracting parties, and both gentlemen acknowledged
money on the faith Of this contract to tho amount
Of several thausand dollars and Il was all returned
ponent AZ times he paid choppers in orders made
on him by Wtkowski, and which was gencrnlly
done on Saturday, He saw logs cut OF the Hardin
and lrvng's lnnds by the employees Of the defend.
ant and paid the men at various times for wit
kowski He presented the claim Of witkowski to
Lieutenant Burroughs for fnur thousand and odd
logs, which the latter refused pay on account Of
the controversy between WitkowSki. Hardin and
Irving hs to settlement for cutting of these mems
lands and because he had not the hinds to pay the
claim whi'h was In the shape of q certified receipt
from Captain Morton for the logs.
IMPORTANT PAPERS NOT FOUND,
Judge Edward n. Cochran of Wheeling W Va
was recalled and testified that he hni been to the
War Department and searched for the papers re-
lafng to the Wtkowski claim that he acted on in
1882, and reported to Gen. NcVley, Every facility
was offered, but none of the papers could he found
The reading the deposition Of David waldman
was then resumed.
Calvin Goddart's deposition was about to be
read, when the District Attorney announced that
he had been subpCcnned, and q telegram received
that hs would lie here this morning al $50 o'clock
and therefore the paper was temporarily set aside
The same statement was made In regard TO Mr. j.
c, Thompson. A. q. Sanford and J. II Corhenover
The deposition Of Louis SchlaSlnger Of New York
was then read, and was merely corrOhorativc as IN
the existence OF the contract and furnishing OF
money to carry II ont He knew of no timber de.
hvered outside Of Nashville.
Mr.. q. A. Sanford was examined: He resides in
New York, and Is In the loan business He was In
Nashville IN 1862, and knew WtkOv ski Capt Nor.
ton and Thns Hardin. lie had an interview with
the last two parties about n claim the witness ad.
vanccd Witkowski money on for 1910 logs fur
nished the Government. When the voucher was
brought In by WitkowSki the witness asked that he