National Republican., 1877-11-16
EQUITY CouRr-JusrIcE WYIIE.
The BrInnt-Craig Mule Case.


The trial of George W. Briant and william Craig,
indicted for presenting a false claim against tic
Government was resumed yesterday before Justice
Macarthur.
These parties arc charged with receiving s238OO
for a claim for ninety.scven mules and
three horses, which were captured by the
Indians, as alleged. on the old Santa
Fe Road, at the crossing Of the Arkansas
River, and which claim Is declared N be iraudu-
lent District Attorney II. II. Wells and his assIs.
tant, ii. IL Wells, Jr., appeared for the Govern.
ment and Hon; BcGjamin r. Butler, Hon. Jere NJ
Wilson, and Col William A. Cook for the de-
fendants both Of whom were III attendance. His
Honor inquired what was the status OF the case
that morning Col. Cook answered that the Treas.
copies Of all the papers involved in the case ex.
cepting the claim Itself, the very one on which
they were indicted, and which could not be found.
aud produce il IL possible.
District Attorney Wells was inclined to the belief
that no such paper had ever been in t,Ie posse sion
Of the Department He then traced the papers IN
their travels through the various departmental
beaureals before Congressional committee, and
back 10 the Quartermaster-ir office, TO show
that no formal claim was among them.
lie declared that
THE FIRST CLAIM
was fled with bill prepared by Gen. Butler in De-
Gen. butler. Let me see that paper.
Mr.. Wel.. 1t Is brief The claim is not here.
Gen. Butler. IL ought not 10 he.
Mr.. Wells, But Will show that was the hrst time
Gen. Butter. We'll. / think know something
about that myself That IL the evidence on which
the claim was allowed-not the claim. We will
show In due time that those are aridayits made q
year before the claim was presented A contract
was entered Into, guaranteeing protection to those
teams In transporting goods, and this claim springs
out Of the terms of the contract.
Mr.. Wells. The stamp Of the office shows that the
| papers were filed December 3, 1879
Gen. Butler. Why, that II the date OF returning
| the papers and filing the brief The papers were
there SIX years previous. II putting them back is
to be regarded Ms the date oi their fling, then am
Mr. Wells. There cannot be any uncertainty on
the subject, rs it was filed allowed, and paid on
the same day.
Gen. butler said the absurdity Of the whole ar
gument was In the last statement that a claim
with xiy.odd papers was filed. allowed, and paid
was that lie papers had been stolen so sci "a ~ ~
the statute ollinitn,ton, not by the defense for Il
was To their interest To have 1t produced. The fac
PrSr H to ed ha ia a Msss a BIasi 5
Craig made ahldavits 10 the quurIerinaStel
in the country where the aaair happened, ant
they were referred 10 the Qnartermaster- General
II went 10 the local quarernster for arepOrt ther
hack to the QuarteInasteT-' General; thence TO tn,
Third Auditor aud Second Comptroller, where /
strict examination was made as To lis validity |
was there argued by counsel aud rejected. on tn,
ground that there was not sufficient evidence o
mprrssnlcmt. Then 1t was referred tn Congress 10y
the Third Auditor, al which time Mr.. era 4 cam,
IN with his petition II was sent back. with luttOr
stating that they had not time to consider H. Tn,
Third Auditor then heard another argument ant
after that IL went back tn the Second Comptroller
at which time he Gen. BHtcr) came Into the cas-
and made All argument, which he would like b
have read to the Jury, not on account Of ability
but as showing
THE TRUTH OF THE CLAIM.
and tho obligations Of the Government under
contract to protect the trains. That argument wa
submitted TO the Comptroller, and he made an opln
ion reviewing the whole matter and allowing tn
| claim The then back III
Third Auditor and all tHmped December T. 1875
aud fled away as settled, until the malice aud cuss
eqhfs he Il ist s ws a" ii 1915 Me.
lriant aud Craig had nothing To- do with II. II
Gen. Butlcr) was alone responsible and ready +
answer for it at any time. Then Briant and Crail
were ,ayJ miles away. This claim was in the PG
lice Court, and 1t would be SO proven ut the prope
time. Stree then II had Disappeared.
| Col Cuuk then read letter from the Third AudltO
to the chairman Of the Committee OIL Military Al
fairs Of the House Of Representatives, asking wha
had becnnS Of the original papers and claims u
lie was prepared to make affidavit that ct III
| preliminary hearing In the Police Court the orig
| ilnl claim was produced, and the hearing dclayC,
until IL was produced and which delay led To tn
rJrrespUndcnce between the Third Auditors otr
aud the Congressional committee. He then rcs
| rom the report Of udyc-AdyOCatC-GcncralD Dun
| ,u show that the original application Of Driant an
craig was filed August p, 1873. He showed by IL
,lorsemcnts on various papers that the filing OF II
'.alm Was Rt that dale. II was that original appl
alton that they desire.
The court said II was evident that this paper cOul
II be h,und. The only question to determine wa
"hv,her oil the papers In the case had been prG
Inrcd. There was ample evidence u show thu
,his claim had existed, The Government said the
,uld n,t produce It aud the question was whelhC
hey hat heat walt for IL.
Gen Batter. dUH't think II Is.
The Court. Thea we will enpannel a Jury an
proceed.
THE JURY.
The following jury were secured IN try tho case
IvrIugn II. kUiscr A. T., Clark, llclUn BatsuI
,iuhard II. Holland, benjamin DosemRn, II.