The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-03
THE CASE AGAINST DUELL.

HEARING BEFORE THE UNITED STATES COM
MIssIoNER-TEsrIMoSY OF MRS. CARLSON
DuELLs EXPLANATION.
lBY TELEGRAPH TO THE HERALD
SYRACUSE, N. Y, April q ISIS
Tho case Of exUnted States Commissioner OF
Patents, X. Holland Duel OF CORTLAND county,
charged with defrauding pcnsioner OF the United
States Mrs Martha Carson. OF $500 sS and interest,"
came before United States asoner Northrup OF
this city, to-day Tor examination. Assistant United
ssates District Attorney Pound appeared for
tho United states, and Mr. Duel was DC
tended by Messrs Lansing and Hoyi. OF Syra-
cuse The prosecution set forth that Martha j.
Carson, widow OF the soldier, James X. Carson, who
died on account OF injuries received while III The ser
vice Of the United States December "a. 1874 en-
ployed the defendant her attorney TO procure
pension DUEL made out her application. In
which he set forth the death OF the sodier
as occurring December "a, 1870 instead Of
1874 The pension was allowed from December
-, 1870, amounting TO $65S 93 This amount
was received by Dusll and hc paid Mrs. Carson but
sos. and did not inform her that my more was due
She discovered, year later that she had been
awarded larger amount and made Due pay IL over
with interest Mira Carson testified tho above iacs,
and also tnat Duc prepared application for her
to sign and that VIXEN he read 1t over 10 her he rcad
the date OF her husbands death occurring IN 1874
and not In 1870 She also testified that The peLson
certificate 10 which she outtlod had not been
shown her by Mr.. Ducl and she did not know oil IT'S
existence TIL about u year later. When sue got
hold of the certificate and discovered largo amount
still duo hor sho asked an explanation
frem Duell, WHO said he must have made u mistake
and sent 10 another woman In Elmira Dncll wrote
ulcttcr, which was produced IN court sayin he had
made such mistake, and had sent the money "
Elmira Witness also testified that after the govern
hnd takon stops to inquire into the matter Duei
called her and told her To have NO CONVERSATION
with agents from tho Pension ONCE AS u might make
trouble.
DUELLs STORY.
Mr.. Dlell, for the defence admitted nearly all tho
allegations made ny tho prosecution, save that he did
act attorney Tor Mrs Carson DC had turned her
over 10 his partner, Mr.. Foster. de explained tho
dating back tho pension application four years.
previous u tho death oil Carson by declar.
ing that Mrs Carson made statement wnen
shu applied Tor her pension 70 his
clerk, Aud that written statement which
placed the OF death 1870 no had made out the
application Tho dating back was either the mistake
u his clerk or Mrs. Carson When questioned IN re-
gard the afixvts stating that tho death occurred
1870 Ducli alleged that WHOM he read them TO the
parties sxning The BIO read lhcm $780, aud not
1874 the witness testified. Dasli made u
decided sensation when no produced his check
from New York TO his law partner,
Foster, Tor the pay msnt 0f Mrs Carson Hd claimed
that this check been found ABOUT three weeks ago
among HIS partners old papers, and explained Tho
why IL had not been given " Mrs. Carson was
because his In tho habit al stimulating
too much. The will be concluded Tomorrow