National Republican., 1877-10-02
THE WITOWSKI CLAIM.
BEGINNING THE TRIAL IN THE
CRIMINAL COURT

TWO OF THE DEFENDANTS DRAW OUT by
PLEADING GUILTY, AND wITOwsKI IL
LEFT ALoNE-oNE WITNESS EXAMINED
YESTERDAY.
The trial Of Julius wiowski, Aaron RUNNER
James T. Elliott, Henry Feltcnbcrg, Gen. James s
feglcy Lewis Pick and David c. Stewart, indicted
for conspiracy TO defraud the Government by a
false claim, was called In the Criminal Court yes.
terday morning. Only three OF the defendants
Nitowski Drummer and Stewart wero present
The indictment charges that these parties combined
etatcs claim amounting tn s2i,1OS for 4,i40 logs
delivered 10 one Captain James 81. Clair Morton,
engineer United States army, at Nashville Tenn,
n lsl2 and that they presented the said claim TO
the Third Auditor Tor payment Il also charges
ice OF the claim, when, In TACT he knew that the
claim was not Just, but was corrupt and fraudulent
United State. and Hon m yefc Wsdn a[sS ce " 'hs
Cook and Hon. Samuel shellsbargcr for the de-
Mr.. Cook and Mr.. Wilson filed a motion to oussb
The Indictment on the ground that II was vague
Md indefinite, and that y did not allcge that the
claim was inlse and hcticious, within the knowl.
ton was overruled.
ONLY ONE DEFENDANT.
Before the Jury was called David c. Stewart
plead grilty to the indictment, and Aaron Brnm.
mer withdrew plea Of not guilty, and plead guilty
srisa .s leaving "''ko"'t' the only defendant to be
The Jurors were then called, and sworn on a
The following werc challenged by the defense
y:c whitwell, David y. Robinson, Robert Cohen,
T. y ZimPsunan, !. II. oDcnnel Alonzo II.
Cant.
The following were accepted as jurors:
THE JURY.
Charles H. Footc. Franklin Rives. Charlie. King,
Jonathan Foster :. IL; Williams, Geo. W Kemp;
Philip IL. Ward Herman II. Kaiser and Heion
CONSCIENTIOUS JuRyMAN.
Before the jurors all took their seats tho court
mid: juror has Just stated to the court that Gen
Negley Is Indebted to him In a small amount scy.
eral hundred dollars. Laughter Il shows how
conseenuons ne juror Is but OF course, the debt
the Jury.
GEN. WELLS OPENED THE CASE.
He said that the prosecution would show that the
false claim was presented In 1878 on a claim which
purported to have arisen In 1862 at Nashville
Tenn, whore Gen Ncgley was In command and
70 he due for logs at Ave dollars each, taid to
have been used in building Fort NeSley. lie said
ever been delivered, and that oil the receipts for
such logs, &C. were forged. The parties whose
names were signed thereto were dead before the
papers were made out. lie would show tho bribcs
BY which men were led to swear falsely and would
often give time and place for the corrupt move.
The logs ussl at Fort NJ ;iey were ss,zci by The
military from the lam! ora Mr. iIardng anil were
alaWn fbIt ny the soldiers. The ONLY
nection that Wlisowssi hal with the matter was
that he hal contract with Harding for using the
stump and 'rectpS amer the lots had been cut by
the soldiers Should he prove this the duty uf the
Jury II pa,nin was yet plain, and he would expect
them TO do their duty,
the TESTIMONY BEGINS.
George Doolittlc was then called to the stand lie
testlfe that he had as clerk. examined this case
and large number Of paDcrs were submitted To
him all of which he sRd had bccn filed In support
Of the claim
The cour1 then adjourned until this morning.