Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-04-14
Ha0rnEKs' rhysION CASE.
Hearing of Two Mon Who are
Charged with Gonspiring with
Him to Defraud the Government
The Facts in the Case.

inc atAS III sht vase.
On Friday last Phillip b. Kelly and
Charles W. Austin were given a hearing
before the United States Commissioner in
Philadelphia, upon a charge of conspiring
with John Bro Iers, of this county, to
fraudulently secure n pension for the
latter. 1t will be remembered that
Brothers was arrested about three weeks
ago at his home about two miles below
Fieldsboro, Appoquinmink hundred, and
given q preliminary hearing before Com
missioner Smith. The evidence against
him was extremely meagre and the Com
missioner would have discharged him but
for the fact that Brothers himself desired
tn be tried in order that the whole ease
might he thoroughly investigated. lie
was accordingly held in his own reoogni-
zauce, to answer at the April term Of the
United States District Court.
The charge against Kelly and Austin
rests upon precisely the same evidence as
does the one against Brothers, which is
substantially this;
About seven years ago Brothers, desir
ing to secure pension to which he claims
to he entitled by reason Of wound re-
ceivel while member of the One Hun
dred and Ninety -ninth Pennsylvania
Regiment, and meeting with some diff
Guilty, advertised for some of MS OLD
comrades, receiving ABOUT oV answers, at
ms nome near tleldsboro' Among THESE
answers was that of Philip b. Kelly,
upon the receipt of which Brothers went
to Philadelphia and had an interview
with Kelly. Having obtained the afii
davit of Kelly and another comrade
named Austin he then went to Washing
ION ana lalu MS case pelort the eisloh
Bureau Alter cohslderaDle WaltlhS ne
was informed by the department
oihclals that they could 10 nothing
Tor nm ana tlat ms best course
would De To apply TO congress,
Meanwhile 1t appears from iacts re-
Gently developed that the PENSION bureau
had set about an investigation into
brothers clam, having detailed one
Sheppard, detective in the Government
secret service, to work the case up. inns
detective, II seems, without making NM
sell oihclally known, called upon Nelly
ana AUSTIN ana Obtained from them cor
roboratlve aihdavits OF the ones they had
already given TO brothers. lie then
Went to see Brothers and obtained state
| lnent OF MS recollection ol the clrcum-
stances attending his woundlhg. Ihls
differed Ill very slight degree from the
ahdaVlts oil Nelly ana Austlh; whlch hau
been made some time before. with tins
| statement IN his possession sheppard re-
| turned to Kelly and Austin and by max
| ing known to them that he was Il doNerh-
ment detective, frightened them INTO
changing their aidavits so as to conform
| to the statement OF Brothers. The change
was a very trilling one and not at all
material to the case, relating simply to
whether or not Austin carried Brothers
| gun ON the day OF his having received
his wound.
| Sheppard made his report to the de-
partment, calling attention to the dis,
crepancy Of the athdavitS Of Kelly and
Austin as originally made and as after
wards changed, and upon the statements
made in this report the application for a
pension was dismissed and proceedings
for the arrest OF Brothers, Kelly and
Austin upon charge OF conspiracy to
iraudulently procure pension We're insti-
tuted.
1t Is admitted that the entire case oi
the Government against these men rests
upon the tritling change in the aitidavits
Us above stated and the general belief
among those who are familiar with the
facts Is that this change was secured by
underhand means.
One OF the counts in the charge against
Brothers is that he offered Kelly and
another cOmrade named Austin 500 ful