The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-24
LOG MATTERS.
CAuCAsvEU INVESTIGATED IN NEW
ORLEANs-DEPUTY MARSHAL
GAINEY TEsruFIEs,
And Tells what He Knows About Leg
Rolling, ana what Garter didn't DO.

And Tells what he AM0Ws A0V"s AHsh
Rolling, ana what Carter didn't DO.
The investigation into tire Calcasieu log
matters and the charges against Special
Agent Carter was begun yesterday morning
in the Custom House, and in the Office OF the
Surveyor OF the Port.
There were present Special Agents Adams
and Hale, of the Treasury Department (the
commission to investigated, Messrs Sewell
and Chamberlain, and Mr.. A. G. Lewis, the
latter being the counsel for MIR. Carter.
The commission was called to order by
Special Agent Adams, when he presented an
affidavit OF Mr.. Geo. II. Wells, of Lake
Charles, explanatory of q part of his testi-
mony taken at Lake Charles during the In
yestigation there.
Mr.. Chamberlain objected TO its going in
the record, as 1t was an ex-parte statement,
but added that he was willing that 1t should
be filed as explanatory of former testimony.
THE OBJECTION WAS oyEIsM7bED.
and the affidavit went In rs part of the record.
Mr.. J. J. Carney was called and sworn as
Che first witness.
Mr.. Chamberlain objected to his examination
on the ground that he was present at least q
norton of the time at Calcasieu while the
commission was there, and might have been
examined previous to his departure, had such
n desire been expressed by The counsel fer the
defense.
The protest filed Is as follows:
Whereas, when the commission Mt Lake
Charles announced It's intention to close the
Investigation In New Orleans, on protest Of
publicly declared that 1t would receive In New
Orleans no evidence but the records In the
United States Circuit Court and In the mar
shai's Office and the testimony Of the Hon. i:
&. Killings and the Hon Jack Wharton: and
Whereas, 1t has become O matter OF public
notoriety, through the public prints and other
wise, that the defense will offer the testimony
of persons who might have been examined in
New Orleans previous to the departure of the
commission and In Lake Charles before it's
return, as is evidenced by the production Of J.
y. Gainey for the purpose OF testifying;
now, rHEREFoBE. THE UNDERSIGNED
solemnly protest and except to the contra
yention Of that decision by the reception of
tine testimony OF }. j. Carney. and also. to the
introduction OF any further oral testimony
whatsoever. for the following reasons, to wit:
First-That 1t is rule Of equity and jus.
tice no less than Of law and practice In oil
prosecutions and Investigations civil and
criminal, judicial and extra judicial, that the
plaintiff, prosecutor or complainant has an
absolute and lndefensibie right to introduce
defense.
Second That the failure Of the commission
TO examine witnesses previous to it's return
from Caleasieu prevents the prosecution
parture of M. A. Carter and J. J. Gainey from
Calcaseu previous to the termination OF the
Investigation and their
EXAMINATION IN NEW ORLEANS,
Ia manifestly an endeavor to Illustrate. and
actually would Illustrate, said right OF rebuff
tai, for 1t Is well known fact that all impor-
tant and material witnesses for the prosecu-
tion, and necessarily those required for rebuff
tai, reside in Calcasieu parish, where the in
juries and offenses complained Of were com
nitted
Thirdly-That the examination of witnesses
ut O time and place where their testimony can
not be rebutted when such testimony might
have been previously offered and an opportu-
nifty to rebuff given. is q manifest unfairness.
and would undoubtedly Illustrate the objects
Of this investigation.
f. G. CHAMBERLAIN,
GEO I'll. WELLS,
Ill. L, SEwELL,
of Counsel
The commission accepted the protest and
allowed 1t to be filed but took exception to the
statement that the commission announced
at Lake Charles and publicly declared that it
would receive IN New Orleans no evidence but
Court etc, which ls not In accordance with
the fact. The protest was therefore overruled,
although 1T was permitted to go in, and the
examination of Gainey was continued,
He testified In substance that May 10, 1877,
he was appointed United States deputy mar
shal by Mr.. Pitkin and ordered to Lake
Charles. He arrived there May 25 spd at once
,,r,ao,dod IN Gocpo,t ralpasieu paFiSh
WHERE, AFTER CONSULTATION
with Henry Goran, deputy United States
marshal In charge of the seizures In that par
ish. he (Gainey) placed himself under his in
strlctions. Shortly after this Mr.. Goran. al
ter having made q complete and concise state
ment of the property under seizure and OF his
actions in the premises, turned over to hlm
tGainey) the charge of the property.
After such transfer | waited upon several
OF the mill and log men of Lake Charles, and
having heard that some dissatisfaction ex-
listed that the inventories of the property
under seizure had not been taken, proposed
TO them that would use every exertion In
my power to take such inventories IL they
aided and assisted me.
They failing to furnish me with any assist
ance. | was unable to take the inventory OF the
property, first. for the reason that the prop
erty under seizure had been taken forclbly,
some of it from the possession OF the marshal.
Objected to by Mr.. Chamberlain.
The commission directed the witness to
state the reason why he had not at that time
taken an inventory.
The witness replied that there were several
reasons: the property in the possession OF
the marshal had been forcibly taken from
4. their possession, as he the Witness had been
officially informed.
2. That the property was lying In such a
condition scattered over large area of ter
ritory, that 1t required the attention OF all
the officers then engaged in the case to see
that 1t was neither stolen from their posses
sion nor drifted out by reason of flood In the
stream.
.. Because was for the greater portion OF
the time the only deputy marshal in the par
ish, and that it required me almost constant
iy ct Gosport which considered the
KEY TO THE SITUATION.
no logs being able to be brought from the
upper country to the mills without passing
that point. Also because | was constantly