National Republican., 1880-10-09

~. Two years and throo months thereaf.
ter tho commissioner of pensions reported to
the secretary Of war that he had taken out
letters of administration Illegally, and that he
had refused on the ground of insolvency
to pay tho money over to tho heirs. This Sec
rotary Marcy, after examination, also reported
to the attUrncy.genera.
V. A lawful administrator, with full pow
els and ovideucc that the pension money had
not been paid over had appeared in Washing
ton and tho facts had been examined, and il
had been decided by the attorney general of
the United States that the only remedy for
the heirs was In reappropriation Of the
money by congress.
Tho administrator had returned to his
clients, and they had become aware that their
0nly hope of receiving any money was from
English. This was nearly three years after
he had received the money for their sole
USE" Mr.. English had also in the mean
time been put out of tho treasury department,
because ho could not properly explain tho
transaction when called upon by Secretary
Marcy.
Under these circumstances English had re.
turned TO Indiana, aud naturally began to
settle with the heirs for the pension money,
which he had held for their sole use" for
three years.
AT this point Mr.. Englsh's letter of cxpla-
nation to Secretary Marcy Ebecomes perth
nent. 1t was as follows:
WASHINGTON, January 8, 1916.
Hon. ". L. Marcy, SecretdryQf Var:
SIR In relation to the subject of q conver.
sation had with you Il few days since, have to
say most unequivocaly that II is not true Us has
been stated TO you, that | have ever refused to
settle with the heirs of my grandmother (Mrs.
Easton). was approached upon the subject by
certain Mr.. Cooper, whom | knew to be pro
icsslonal agent and from whose character ] had
der in tho shape Of extrayagant fees, etc. lie ap.
preached me in very impertinent manner, ana
when asked him for his authority he failed to
produce anything whatever and am now salts
fed that he then had no sufficient authority. If he
had anything at all from the heirs l apprchend II
was an old power of attorney authorizing min to
prosecute the claim against the government-noth-
ing more. Under these circumstances / gave
him no satisfaction. and II was then he posted oil
to Washington aud taking advantage OF my alb
sence preferred charges against me.
AS to my accounts under the power conferred
upon me, nave to say that the papers aud vouch-
ers pertaining thereto nre on file in Indiana with
The court granting the authority, which supposed
was the proper place for them to be filed. With
the paners Will be found receipts III full In my
favor from three or four Of the heirs, and If you
desire will oudcavor to withdraw them in order
that they may bo exhibited to you.
Mr. Cooper is only mad because he was cut ont
oil one-half of the claim. which understand is the
amount he expected 10 receive had he procured
the allowance
Hoping that what have said will be satisfactory
aud with tho assurance that 1t viii afford mo
be not, close by subscribing myself yours, with
respect WILLIAM H. EYGLisH
But tho secretary was not satisfied. Mr.
Marcy know, in the first place, that Mr.
Cooper had full legal authority, and every
paper necessary to show IL; and further that
the heirs were through him, their lawful at
torney, claiming that they had not received
their money up to November 20, 1sl5-a
period of more than two years after English
had received 1t for their sole use" He also
knew that thcro were six heirs uamed Ia his
own order for payment to English, as those
to whom he was to pay the money, and that
from this explanation of English himself
written two years and eight months after he
had received the moncy-hc did not claim to
have receipts, except from three or four" OF
the six. Tho whole explanation, In view of
the gross fAcis disclosed to the secretary in
the record, was far from satisfactory, aud MS II
consequence, in four weeks aitorward,
namely, on March 3, 1910, Mr.. English had
quietly left the department In disgrace
Tho receipts which ho now prints at Indian
apolis show that the material declaration In
this letter to Secretary Marcy was false,
namely, tho claim that ho had receipts from
even "threo or four" of tho six heirs. 1t was
tho fact that he claimed to have only three or
four that weighed most heavily against him.
But 1t now appears from the dates of the re-
ceipts he prints rs defense that he did not
have single receipt at that timo from any
one of them.
The only paper Of date earlier than the
letter to Secretary Marcy from any one of
those named in the order for payment of the
pension to English that would even answer
for receipt is the paper from his mother
making over her claims in the estate of her
mother to her son, William II. English.
As to these receipts it is only necessary to
say further that they are vague, aud do not
name any sum; that thoy are in part for set.
tlement as administrator of the estate when
this pension under the law did not enter as
assets, and nesd not have been included and
they do not cover settlement of the previous
case for all the heirs.
As to what is termed decision of tho case
by the commissioner of pensions, dated Octo.
Der 10, lSl9, on which so much stress Is laid,
IL was merely general statement of the plain
and well'knOwn pension law in the case.
The question which English then asked,
about three years and month after he re-
colVed the money, was stated in the very
order from Secretary Marcy upon which
he drew the money, September 8, 1916,
in which the only surviving children who
wero to receive it were named and the money
made payable for the sole use of these six
heirs.
Again, 1t should be remembered that tho
commissioner of pensions who wrote him this
general letter Is the same ono who had re-
ported officially to Secretary Marcy that "Mr
English was Illegally appointed administra.
tor, and NOW refuses to pay oyor the money"
and had also united in report to the seCre.
tary that English "has not paid it over and
refuses 10 do so, aud is wholly nsolyent, as
he says and the security Is insufficient and
not liable for the amount"
Neither of these opinions was ever recalled
or modified by the commissioner Of pensions,
whose general letter on u point of plain law
Mr., English now cites us vindicatiOn.
Aside from these fatal defects, II is not rea-
sonable to suppose that men Of the ability and
standing Of Secretary Marcy aud Attorney.
General Toucey would have passed as severe
Judgments us they did upon clerk whom
they know TO DO at hand unless the case called
for it. And, on the other hand, when Mr..
English knew, as he himself says, that the
fact of his paying over the pension had been
disputed, 1t is not reasonable to suppose ho
would have allowed it to go on without full
explanation, which could readily havo been
givon if 1t had been an honest case, until 1t
forced him out of tho department
CASTOR SuCoumbs to Morse.
RosTnN Onk 8-Ex. .Goyrrnor Gaston bna