New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-11-30
HISTORY OF THE CASE.
ENFs IN THE COURT-ROOM-MAIN FEATURES OF
THE INDICTMENT.

he Federal OIdHu Jury dO NAlO'S" WI ~
ve.ioer % last, broaght III indictments against oEn
,,,rsons for an alleged conspiracy to defraud the
Government of $SJ00O0, in the contract LOT
sappying the stone used in the construction
Il the Custom House and other public D"luilIs
al Chicago Tao names Of those included In the lhulcI-
,lent we're James G. Ill., the present supervising archl-
1ect; William Potter. eX-superyising architect; Johh
H. Mueller the stone contractors \. q. Mis-
formerly first-assistant IN the architects Office
md afterwards the partner and alleged conn
Genital agent of Mueller; George j. Reed, formerly
.Ilollcrs assistants Edward Burning eA-super'Sor oI
constructions George c. PrussiHG. formerly assistant
s,psrintendent and Alexander c. Wheaton stone IN
.pcctOr. ~
Al of the persons indicted were arrested IN ChcaEo
last Saturday or Monday, except Messr HI NILS ana
Potter Deputy Marshall stlwell went to Washington
ON Monday and arrested Hill and Mills. and yesterday
he came 10 New-York and arrested William "A Potter
the successor of Mr.. Mullet Supervising Architect
The warrant for the arrest Mr. Potter was issued by
Commissioner Osborn and Deputy-Marshal strahan ac-
eompanied Deputy Marshal Suliwell in making the AZ
rest Mr. Potter was found at his Office NO 52 VIZ
Ham-st. He did not appear 10 be surprised
at the coming of the officers and quietly left the once
with them "a soon as he learned their Grand lie was
oIso occompaned by his nephew. Commissioner
Osborn was not IN his rooms when they returned
and after waiting short time, the papers were
brought before Commiss oner Shields. Mr. Potter had
already Acknowledged his identity and had waived eN
learned that Commissioner osborn had returned. Inc
nrocecdincs therefore were again transferred to his
courtroom .
HIS arrest was taken with great equanimty by Mr..
Potter who i)ned in the laugh over several Jokes t
were made at his expense by some OF MS
friends He remarked to Assistant DstrlctAlIor-
nev Fiero that when supervising architect
he completed the Post Office building, he little
thought that he would ever walk through It's halls as
prisoner Commissioner Osborn said the bail would
be $4,000. This Mr. Potter said would be fur-
nished by his brother. Clarkson y. fo'ler'
who had been sent for The latter came III III
few minutes and, after a whispered consulta-
ton with his brother said TO MI Fcro that he wished 70
have the bail arranged possible, as he was
going out Of town Immediately. Mr., Flero SAID
that there could be no question about the
worth Of his bond and that he might
sign in blank if he chose Congressman Potter hesiated
AZ first and said that he had signed any paper III
blank but faaly concluded to do Al the persons,
therefore went before Judge Choatc, in The United
States District Court where the bail was received
The papers were filled out by Commissioner Osborn ana
Mr.. Potter went away.
Deputy Marshall Stilwel, who brought from Chicago
the warrant for Mr.. Potcrs arrest issued by Judge
Blodget of the Northern District Of Illinois returned
to Chicago last evening lie said yesterday that there
had been much excitement over the matter III
Chicago, and the trial of the accused persons
which would probably take place in the early
interest The charges in the indictments had been
discussed for long time and the indictments by the
Grand Jury not unexpected Five o. those lndcled
were easily found and arrested III Chicago. For Hill
The proceedings their arrest The DeputS Hl4i 7ha
SAID were quiet, and OF SIMILAR character 70 th0s III the
case Mr. PottcTThcy had been inform a. as had me- OF
the indictments by the reports IN the CIIcLGG paper
and therefore they evidently anticipated ther
arrest Mr. stinwel said he did not suppose when he
came the East that ne would have me opportunity o
taking any OF the three men back with him.
SUMMARY OF TIE INDICTMENT.
The indictment gaiu,t the accused per contains
several counts but no overt act is charged against
william A. Potter, George Reed or A. {.
Wheaton. The first count alleges that on Sep
TENDER l. 1876, the eight persons indicted I'M
lawfully conspred, and agreed together TO defraud
the United States II SsjOO00 "by then and there OBJ
tanning of and from the said United states for
stone furnished by the sad JOHN NJ. Mucl-
Ter for the construction of the new Custom
House Court House. and Post Office building at chicago
in said district and OF inferior quality ana unit Tor the
purposes for winch furnished, and not OF the best quality
10 be obtained from the quarry from which furnished
and Of divers colors and full Of flaws stains and daco
oring matter payment and for stone of the best qua
fly to be obtained from the quarry aforesaid aud MT for
the purpose Tor which furnished and Of uniform Color
aud free from flaws, stains ana discOlOrng matter
further alleged that by the aid of the indicted per-
sons payment was obtained United States for
unnecessary saving of the stOne for pretended labor
not furnished and performed in cutting carving aud
dressing the stone; FOR hauling and transporting the
stone after had already been paid for; and upon
false mea .uremeut and asucment OF the stone
No further allegations made against Mr.. Potter
If is alleged IN the specification which follows, that TO
effect the object the conspiracy, John NJ Mueller and
A. S. Mills, on September TO- 1876 and on subsequent
DAYS "caused presented for approval and payment
TO and by the Secretary OF the Treasury and the Coec
tor Of Customs at Chicago" false and fraudulent claims
for payment for stone OF the best quality, when they
knew that he stone furnished was OF inferior qudlly
and unfit for the purpose intended. -.
Another specification alleges that James g. ii H. I'd
Burlug and George &. PrusSng, on september 10,
1876 received accepted and approved ana caused TO be
received accepted and approved the stone furnished
against persons for presenting claims ana cauS
ing taeir acceptance in regard to the cutting saving ana
hauling OF the stone .
those accused Of overt are. in detail FIRST that they
lrauducutly Obtained $4,000 from the Gov
eminent IN carrying out the stone contract,
by claiming and obtaining from The United
States paymCnt according 10 stock" measure
meut when the contract actually called FOR what Is
technically known met" measurement. Second
That they deirauded the Government OF Sl2JOuO NOR" Dy
manpulalOnot me 5%ng department IhId Aat nv
labor contract they derduded tho Government Il 5000
600 by making net bills and procuring payment fuI work
not rendered.; that Burling ana Pus,ing certified TO
these bills, knowing that they false, and tlat Hill
the Supervising Architect, also knowing them TO
lie false, paid them. Fourth: That they de
frauded the Government OF $4,000 the
for hauling from the site fthe
Custom House Fifth: That BurlHg and lI.ll accepted
worthless stone knowing that 1t worthless, with
the intention OF deiraudng the Government.
WHAT MR. POTTER SAYS.
HE DECLARES THAT HE FAILS TO UNDERSTAND WHY
He is INvOLvED-HIs READINESS TO MEET HE