New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-03-12

company Mr. Rushing said that the ring also con-
trolls the stock yards at the only points on the
trunk lines where cattle are allowed to stop for
feed and water. At these points the ring has mo-
nopoy of the sale of hay aud feed and charges fabu-
lOus prices. In Chicago he said hay costing rs ton
is sold for $780, Pitsburg, hay costing $l0a ton is
sold for S37 30 and in Ncw-YOrk hay costing $14 n
amounts according to Mr.. Rnshng's testimony. to
$I,000,000 annually, that from 'yardmg" the
stock TO 100000, making the total profits or tue
ring 81. 300, 900.
Mr.. Rushing also gave some interesting testimony
in regard 10 the usc of palace cars and replied to
what had been said by other witnesses previously
examined by the committee.
A VERDICT FOR GENERAL HOWARD.
TIE FIRST or THE THREE SUITS AGAINST HIM SUM
MARTY ENDED-TIK JUDGE DIRECTS THE JURY
To REPORT IL TIE DEFENDANTS FAVOR.
icy TELEGRAPH To THE TRIBUNE.l
WAsIHNGToN March IA large gathering of
army officers lawyers, and others, filed the Criminal
Court room III this city to-day during the trial of
the snit Of the United States against General o. o.
Howard, late Commissioner of the Bureau
Of Freedmen Refugees and Abandoned Lands.
In this case the Government brought an ac-
ton against General Howard to recover $l3i,-
446 co, an alleged deficiency in lis accounts
of the retained bounty fund which came
into his hands, in his capacity as Commissioner OF
the Bureau TO be paid to coored soldiers. General
Howard was represented by John II. Bradley. ST.,
Colonel George W. Dyer, and Colonel William a.
Cook
District-Attorney Wells represented the United
States. and opened the case BY placing in evidence
transcript of tho record of the Treasury Depart
lnent showing the amount found TO be due on an
investigation of his accounts by the Auditors Office
The defence asserted that the Generals conduct
4 .....,.l
court of inquiry. and that nothing improper had
been discovered. The counsel objected to the reccp-
ton of the transcript as it did not show the money
to be dne 20 the United States by the defendant
Judge Wylie before whom the case tried,
said that the transcript did not General How
ard Of having received the money; the money was
paid over to General Balloch who was disbursing
officer Of the bureau. If General Howard had neg
lected his dnty the Judge continued, his bond could
be sued, but he could not be accused of receiving
the money unless Balloch received 1t as his agent;
man appointed to be an officer, or head OF a
bureau is Obliged to employ subordinatcs, and
the law relieves him from the responsibility
for their acts. The Judge read from story
they are responsible for their own actions 10 their
super0Ts, and he asserted that the persons suffering
| injury il such cases can obtain redress fIom the
that il was an outside business, and that the
money did not belong 10 the Government al,
though the Government bad stepped III and
assumed guardianship, established the bureau,
and provided machinery by which ITS officers were
TO go through the form of settling Their accounts at
| the Treasury, as officers protecting the freed
men. In the judges opinion, It was not
! the Governments money that the sut was
brought TO recover, but trust money, and
| these gent emen not required to pay 1t
| into the Treasury the money belonged 10 others
and should be treated as money held by the Govern
| ment III trust for It's owners.
a.. lad, .sotI hat fN--
dence that one dollar of it reached General Towards
hands: BalIoch had 10 right to bind Howard the
law provided for the appointment of general head
of lac bureau but did make him responsible for
all moneys paying through his hands; according TO
fLc doctrine set forth by the prosecution, Howard
was responsible for all acts OF his subOrdInaIcs III
! the branches OF the bureau.
General Howard, when called, testified that he
was detailed as commissioner Of the bureau in
MAY. 1863 and entered upon his duties May II, of
| the same wear. In December. 1865, he submitted
his report to the Secretary of War; lie remained in
| charge of the bureau until 1872 As commissioner
| he WAS authorized 10 invest the fund,
! Int lie remembers no instance i'll which
| ne directed Ballcch TO sell any Of the
| bonds The balance Of the fund, T1.G2S, the
! witness turned over 10 the Treasury Department.
He mad authorized the disbursement of $4,000 for
the purchase Of lots in Washington, ana he approved
| of the investment. He had 10 knowledge of the
| amount received bv Balloch except by his report.
| He advised General BaOClI TO pay bolutlcs 10 the
soldiers entitled to them. General Balloon was the
discussing officer OF the Bureau and as such kept Il
correct record of ali funds acCrIng TO the bureau.
! The witness turned over 10 the Treasury, through
the War Department, every dollar, 50 lar as ne
| knows
the FIcodmcns Bureau June 8, $50, beng detailed
| froro I,iS army corps He received the retained
| bounty fund. Elghty-f0ur thousand dollars OF 1t
calne from Colonel Brown aud S2l 900 from Cap
tam James. of tho branch bureaus He received 1t
Inv the direction Of General Howard, as dlsbursng
| officer In the aggregate there was 1lO5.0oO Of
| Uhcb he invested 100000 N United States bonds
| bv order of General Howard. He sold 5000 worth
III tc bonds Nav l. 1868, in order To furnish him
| w;fb currency. Howard knew nothing about H.
| January l. 1869, he sold $1,000 worth of bonds
| m L,s avn discretion. rs he had done with the
| ~ o00 lie made the purchase OF 49, worth
of real estate by direction of General Howard lie
borrowed the III Juey from the bounty fund and PAID
| it back his money was IN his possession TWO OF
three wears. None of the money recclNcu from
Colonel Brown and Captain James went lh'o 'ic
! hands of General Howard except 3l.OOD. -,
Judge Wyhc, on the conclusion OF Gcheiai bI-
lOclB testimony, instructed the jury 10 return ii
verdict for the defendant and the foreman, there
| fore, announced II verdict 10 that effect
There are two more similar against Genelai
Howard, and the Court advised the DstTlct-Att0r-
| ney to wait until tomorrow before he began the
prosecution of them his supeTOrs. after knowing
the result OF tins case, would probably instruct him
| TO abandon them.
WHISKEY IN BOND.