National Republican., 1878-04-06
SET At LIBERTY.
Sudden Termination Of the Cotton
Claims Case.

Judge wyre, After Reviewing the Facts,
Directs the Jury to Acquit the Defend
ants-No witnesses for the Defeuss Re-
quircd.
Yesterday was the nth and final day Of the trial
OF e1-secretary Frederick A. sawyer, William 7.
Haines and Frank W. Brooks, indicted for con-
spiracy TO defrayd the Government out OF 1000
by presenting two fraudulent cotton claims, before
Justice wylie and the cause came to sudden but
not unexpected termination. The Government
consumed only few minutes Of the court after the
opening in finishing up Its testimony and then
rested.
Mr. Mcvcagh made a motion that tho case be
taken from the jury, on the ground that the body
Of the crime on which the defendants had been ar.
sTsd had not Sesn proven Ihs e, Ssa
not been proven 10 be fraudulent and that YVES cs.
sental To convict the defendants Of the charge Of
Lengthy arguments were made on both sides
consuming the greater portion OF the day.
His Honor In his charge to The jury, said:
The simple question 70 decide nov is whether
the Government has given any evidence from
which tho jury ought to be permitted To draw an
inference that this is a fraudulent claim. II was
the business Of the Government here to make out
the claim ~ fraudulent as well As that the con
spiracy existed. Now, these claims were both al
man Brooks 4 Co., aud the tr., allowance. as
understand, Is not imreschcd. The grounds upon
which
THE CLAIMS WERE ALLOWED
were the considerations that thc money had been
received by tho Govennhento Of the United States as
profits from tie sale Of cotton that the Government
had received the money nom these parties,
PArkman, BROOKS Co, and the money was In the
Treasury. Well row the claims havo been al.
lowed in hvOr of rnrkman brooks 4 Co., and the
question comes up whether under the srranscmen'
aud the making ~ that contract these parties are
| bound to permit this money to he applied upon
those notes under the circu instances under which
they were given. The notes wer given by Park.
llchl, but for a debt which was due from
ted States which Carlton and his ssretes were un'
able 10 pay. He was also Indebted To bank there,
and rarkman. Brooks u Co., were Indebted to the
bank. And there was confused business down
| there, and the Government sent Risley, Its own
| agent to have this matter settled up. There bcing
tary. and the military arrested somcof these par,
ties, and that with other facts probably induced
| these q I!e',
TO ASSUME THE DEBT OF CARLTON.
10 the amount Of sljOu1 and TO Civ. their notes In
| the different amounts A. the same time II was
also agreed that all proceeds to arise FROM the sue
| q cotton should he applied upon those notes.
| Well part Of that contract was that Brooks was to
have q commission from the Government. or a II.
Gene TO trade within the Confederate lines TO carry
well. L seems 10 me. from the evidence In this
case, Brooks ha expectations ur making n very
large amount Of money out Of this business. AMI
| think no doubt he would have iuit the contract
contained provision that II shnnld not he In force
| unless approved by the secretary Of the Treasury
and think II was only five or six weeks, probably
| not quite ~ long as that that the cnntrlct was
actually In force. and that Brooks Opcrntcd under
II. At the end of that time the Secretary, for
| reasons that We don't kTuw-un doubt they were
| proper rcosons-gnve notice that he would dis
| affirm the contract and thnt pnt All end To brooks
| chances OF making lRrge fortune. aud III this way
| deprived him Of his expectations In the meantime
| or after that order was given disai!rmng the con
| tract, these credits were
INDoRsED UPON THE NOTES,
80 that tho credits to which Parkman. Brooks 4
Co. were entitled from the Government taken
| away from them in this way and applied rs such
amount Of credit upon the notes which they hG,
given for another mans debt-for Cartons debt
Now the whole transaction shows that the prea
consideration for the assumption of Cartons deb
trading in this cotton. We'll, tile Government
didn't chOnse u stand 10y that contract and Park
man and Brooks lost their privilege. And now tho
Government insists that these notes Of Parkmsn
Brooks n Co. were valid, and that the money due
10 them fhould he credited upon these notes after
the contract was dlssrincd by the secretary Of th'
Treasury. Now think in all honesty and equity
that when these PARTIES rave their notes they wer,
given ~ expectation Of and In consideration OF
the privilege which they were To have Of trnding II
cotton and when the Government refused IN aftrTI
that Arrangement II put an end TO the contract en'
expected IN mike out OF the contract AM
the notes ought 10 have been given up. You call
not hold one side and not the other. The who'll
InlllE ought III Justice ana equity, 10 he sci Rkllt
I from the beginning and tho money paid 70 Park
man, Brooks < Co.; but the Government did no
choose to do that.
! The parties became
EMBARRASSED AND BANKRUPT,
and came OH here To Washington aud pre,ente,
this claim In the name Of ROddy, he claiming u
have MI assignment Of It, partly IN writing am
partly under a verbal areement, for having ad
Brooks were here at the tim0 assisting ROddy II
getting the claim through
| al.
i does not matter whether the money was paid T.
Brooks or ROddy. But that Is not II question wit
which We have anything to do here. The questio
here l. simply as tO whether this was frauduleI
clnm against the Government Of tue United state,
do not feel myself charged with The duty or obll
! CATION Of deciding whether thls claim was a goo
one or q bad one; but do iccehat a;n Obliged t
say whether the evidence shows that It was haud
ulent claim on the face of II and presented fraudu
lently, and with Il fraudulent design, by these pa
ties. ella itn may Lc uniounded and unjust, an
yet 1t may be pressed with great enrnestness upo
L the officers Of lhe Government ior payment and
Q II should lie Iaid, why man should not be IL
dcted for taking It Il he
BELIEVED 1T WAS 4 GOOD CLAIM,
f aud Il was not sustained by perjury and corruption
@ lfthe man honestly believes the money Is due
. him he commits no crime under the law for pres,
ing It's payment, and, sbovc all, not when he como
r. forward and says to the Government, Here
Q 5000, VIII lch claitn. claim y for 50 aud So
has heretofore been credited 10 +. u. & Co. on the
!, notes. but think Il ought not to he 50 crcdc'
t. aud refers to the whole case putting lhe Cover
q npnt ilrGls OH INC UEck Ol " 81 tnhl tntte cbhl
. not be a scrap Of evidence In the Treasury whic
? they might not Investigate.
4 "Snw whether that claim was well founded
n not the man who prosecuted II was not guilty
any fraud by any such conduct as that, aud II Il
q applied tO the proper officers who werV eutriIstc
Il with such matters to allow the claim, and II va
# paid 10 him. then, whether the claim was we
). founded or not. DO not think II can be called
:, fraudulent claim. because he did not pursue II in
E fraudulent manner, but he gave the GOvernnci
y all the notice u man possibly could for their inve
I tigGtiOn.
AS 10 the declarations Of these parties outside
others they ere not binding bcCausc nObody RctC
upon them; there wns no change Of relations Ol
tanned iu that way. The claim stood as 1t alwNl
y lid IN the Department ODen u investigation, an
G ain Of opinion Oh the whole that, although the
y u some evidence In this case which would requl
that should send It to the jury upon the questlO
i Of conspiracy, aud will not therefore undertake
- decide that question yet As 70 the other question
!, | think there i
.r NOT THE sLIGHTEsT EVIDENCE
e II. the case to show that this was fase and frsm
I ulent claim In the sense Of the law and II wuu
u these defendamt' except by finding both the co
'pinCy tD Gcfraud and the fahity OF the claim,
may SAY 10 the jury that Il cy are bound from u
tc'tiuuny Of the prosecution itself to ind verdi
for the defendants"
4 verdict 10 that eject was returned. and the d
n icudants discharged from custody, Quite nuT
.r bcr of friends gathered about them and cxtendt
ri congratulations Oh their safe dr.iveIanre cut OF
1. trouble.
u Frnnklin Temperance Legion.
r The Legion will give another Of their ntersStiI
y entertainments at their hail, corner Sixth and