, 1879-05-10

nanr otlcr cxce,!cnr,cs of character. The ne1t
WINS j. Russell Jones, aln! The next was ,hc
present incumbent, William Henry sn,lsh. ~
know What Swctt wants nlc tu tell you." said
William Henry sn1itl. /, Inc Western agcn. Of
the Assoc'atcsl Press; lint al press dispatches
ssbt from hero nro sent by him, or under Ills
direction Or cDntrut,h
"That's nll." said str. swctt, well pleased.
Mr.. Rced then went on to sny tile fira,nI Jury.
was rERed on to indict ull tf'use Ncnplc, ami
closcd by saying tlrasis wns tho duty of the }ov-
trntnent to repair the wrong nnl the outrage
done lila client, nhtl q" ONLY way tat could bc
mn acqaittal rs matter Of Ins:fco n1nl right.
The speeches being alf IN tho Court directed
tho COUNSEL to proceed will,
rngtR EVIDENCE.
Mr. Doutcll, for the Government, offered to
Introduce tl!c proposal Of Mueller tn futnafl
asonc, dated july 23 1s12, With tho copy of tho
Mr.. Hoyne oblcctcd on Tue general grouutl
Tint tlc matter was outside tic time prescribed
bY the statute Of limitations.
An eIah9rate Argument followed on tho pnrs
Of Swett lIo,nc. u,n! noutcI, III: latter claim
Ing TINT tlls overt net In que.tlon came witI'in
the statute Of Limitations, aud that every overt
act performed after the forinntion OF con-
spiEacy was renewal Of tic conspiracy.
Tie Court said II was co1nnrtunt, although
tho prosecution might llayc tlxcl time IN tie
Indictment fur the formation Ut a conspiracy. to
Gu back Of uIe time wilcn tho conspiracy began.
provided It Was proved to be n continuing CUn-
splrasy. The eTldcucc, lie held, would be nd
Mr.. Boutell proceeded to rcas1 Tue proposal
and advertisement, nntf then introduced atMl
read MullGtt'a 1ettpr of approval Of Aug. 20,
bt1. E. r. HARRIS,
Auditor III Tic Office Of the Collector OF Gus
tpn lho nrut sr{ }ros r., I'm II n fnc.
ttfed that he had ocon connected with tho ot'ce
since 1915. 1t was Ills duty to audit the voucl-
CTS for work under thtse Custom-llouso ct,n--
tracts. Tic Office was furnished with coplcs of
tile contracts, Atld he still l,ni those copiea to-
Retfcr with tic vouchers on which payment for
work WIS obtnlncd.
While tho Witness went down-statrs after tho
Documents, Mr. 1outcll offered tl.r original
1872, between Mueller AMI afu1lott.
Mi. Horne objected. There was nothing In
the contract to show that Mueller. agreed to
furnish stone lit for tho purposc.n t'ut aimpIy
there was variation between tho Indictment
and the proof.
Atr. Campbell said the objection seemed to be
tlat tho contract didn't provo enough'-lhas I
tint the words q; for the purposes for Which
furnished u we're not in the contract. Tie
plea1er Ind undertaken to Fet out the legal
effect Of the contract. mid It was quito lnmnor-
t1Ilt HHEknEE &IE IHulEltuoUL EQukutHEU Au HlIE
words Us The contract Or not. It was sufficient
to set out the legat effect. nnd shc legal
effect was TINT tue contract did require
tbs stone to DO furnished ,,, to oa 1T tit
1Ss s,e as PRe;ss E s. p.1ety ter Tsi tSe 'sy a
apparent from the fRco Of tic contract That the
contractor himself was advised by his ADVERTISE
mcnt. bv his own proposal, and ty tho rc'ttals
Of tho contract Itself, That tho stone were re-
lied building, nnd that t1ley were to bu cut and
dressed, nn1 put into the building, mil not. as
Mir. Swett said In bis opening, possibly used for
ballast.
Mr.. Hoync continued to argno TINT tllc COIL
tractor nalle no guarantee whatever that tie
stone should be tit for The buldlnE
The Court ovcsruled the objection and nd-
m!ttel the evidence. Thu contract was read,
md thcn Mr. Douta|l rcnl the stone'cutttug
contract Of July IL, 1873; the sawint; contrncs
Of Aug. 4, 1878, Oh Which 20 per cent WAS to bu
mid monthly, AMI 10 per cent reserved ID q
Guarantee by tic Government; a,nl lie hauling
contract between Hill md Mueller Of Aug.
II, 1875. =, :.
lection rs before, md exceptions werc noted.
Mr.. uarris Was recalled. He had
A HATCH OF vououEHs
In his hands from Nor. e, 1873, down, nntl
identified the handwriting Of Wheaton, bur-
nE ~" Mass on hsr oo rcra ., ts ~ ~e ic WAS
form, but for different amounts, ani were offered
in n lump, 4 sample voucher, ttated March 20,
1878, ,or SaTl44, for stonc furnished, was reatl
" Ar. Canrbel! It w w"s ,,ss eart;ilea TO- py
ce!pt.
"BY whom were these vouchers presertcd3''
asked ttr. Ca,npbol!.
"Hy Air. Mueller"
st1o whom paidl"
tsAfr, Mucltcr.h ...
"Where were they presented md paIda" asked
a1r. SWEET.
VAT tho Custom House. They were made
ont nj the snpcFlntenaclt'B Office, signed BY
Whcato,t and Iurling, and then presented by
HThcy contain no signature or Endorsement
by Mr.. Fotteri"
HNo, sir"
:: "S5 e. by s,i,h N;' 1''ll'' asked Nr' R''''
Mi, SWEET road number OF vouchers In thu
batcl,, in which reductions wcra mado for con-
len,icd stock.
"Do tl,cy show anything regarding the stone
rejected III tho inspection after lley arrived In
Cnicago1'' hp nsked.
ING, sir., but they show tho supor!u.cad.
cnt's Deductions"
Aren't those deductions after .hc stone IS
accepted md paid for, but before 1t Is dressed ~
"Yts, sir"
aWc adtnit,n said Mr.. Ca1npbsll, "that there
rough. When cut, they thrcw nut certain atone,
and they are deducted from the vouchers ut the
gnu OF iha mont h."
"Th's don't show what vas reJected by the
Inn, Bir,f replied Mr.. Campbell; "merety
that 1t was reeetcd after tho rough acrcptancc.'
In ankwcr ii some further questions by Aff.
Bpctt, witness said these vouchers wore cxn,lt-
ined to SEQ II they wcro found in actorlnnco
with tic colltract, and, " found correct. wcEo
palu. Tic Instructions as to paying them calnu
from thc Secretary ii The Treasury.
TIE wIraEss PRODUCED Gwo vouoHEHs