National Republican., 1884-05-15
Further CrOss-E Examination Of Gen. Swain by
Mr. Chandler.
How He Had Fellows on the Hooks for
Copper Stock,
The Evasion About MOrrow's Accounts in His Letter
10 the Secretary Of War.
His Counsel Tries 20 Protect Him, but
tho Court Wants tho Facts.


defendant, Gen. Swain, was on the witness
stand during almost tho whole of the session,
and underwent u severe cross-examination at
the hands Of Mr.. Chandler. The proceedings
wero enlivened to a greater extent. than on
any other day of the inquiry by tilts between
counsel, some of thom being quite heated, and
calling for tho intervention of tho court.
Tho cross.examination of Gen. Swain drew
from him tho admission that he had had but
ono account at Bateman & Co.'s, and that
that was subject to the demands Of his stock
transactions and TO check; also, that that
was the account to which ho referred in his
statement to tho secretary of war that no bad
had an account with Bateman & Co. He per-
sisted In the assertions that the amount rop-
resented by the due bill was loan to Bate
man & Co.. and that Bateman had asked him
TO let him have it on the same terms that
Brown had had it; but he could not rocolloct
whether the agreement was, or was not, that
he should have ten per cent. on oil Bateman's
profits in the business, as had been tho
agreement with respect to Browns profits.
Letters were introduced showing that
during Swaim's absence in tho wost, in tho
fall of 1892 he had been endeavoring 10
dispose of stock In the Columbia Copper
company, in which he and Baoman & Go.
had been dealing. These letters also showed
that Swain had been informed by Bateman
that the latter had purchased for him 1000
shares in Columbia Copper companies, Nos. 9
and 3, although the defense had complained
that Swain had not been SO informed and
had presented in evidence early in the inquiry
a letter, which purported to bo statement
from Bateman to Swain, that he had pur-
chased 1000 shares Of No. 2 only. An earlier
letter from Bateman to Swain offered yester-
day. showed that the purchase Of stock in COM
psnies No 2 and had been reported to
Swain. When asked by Mr.. Chandler why
he had not presented this letter instead OF tho
other, Gen. Swain replied that it was because
che didn't want to-"
Considerable amusement was created in the
court room by the reading ofa letter from
Gen. Swain to Bateman, dated Lawrence,
Kan, Sept. 81, 1882, in which, alluding to
his (Swam's) efforts to dispose of the Column
bia Copper company's stock, he said II
have two fellows on the hooks forsome of tho
stock, and If / can fasten them, will let you
know the amount necessary by telegraph"
This was in reply to letter from Bateman
telling him they could have what stock they
wanted at 40 or so If he could dispose of IL
at 81 por share.
The most important part of tho examination
was that which related to Gen. Swaim'5 8
knowledge of the duplication Of Col. Morrow's s
pay accounts. Mr.. Chandler asked the wit
ness If he (witness) supposed, when he wrote
to tho secretary of war in explanation of
Bateman's charges that Col Morrow came to
him to raise money on several months pay
accounts" that the secretary would under
stand from that that the fact was, as witness
had stated it yesterday, that Morrow wanted
to raise $0,0O0 Mr.. Calkins objected to tho
question, and a long argumsnt between
counsel followed.
Mr.. Chandler said that the letter to tho
secretary of war was an evasion. 1t did not,
he said, contain one single fact that one officer
would state to another in reply to a request
for an explanation.
swaim's failure to state that Morrow came
to him for $4,000, no said, showed his un-
willingness to state the whole transaction
He added that this being the case, ne was
entitled to ask the witness what he supposed
the secretary would understand by "several
months pay accounts?"
Mr.. Calkins contended that there was q
great difference of opinion as to the use of
words, and that his client had used the words
he thought would best deny tho charges
made against him,
The court overruled the objection, and the
witness replied that he supposed that the
standard fact in his letter was that he had
had nothing to do with Morrow's pay ac-
counts. He had considered tho amount very
immaterinl. He could not now remember
whether Morrow had wanted to raise $1,000
on his pay accounts, or whether he had said
he was in debt to that amount. Witness
said in reply to further questioning that
when Bateman told him the firm of Bate
man & Co. had been Caught" by Norrow's
accounts, he understood Bateman to mean
that the accounts were not legally authorized
pay accounts. This was long time prior TO
the conversation which he testified yester-
day he had had with Bateman, in which he
had told Bateman that certain other creditors
of Col. Morrow might make trouble ut the
war department for the bankers who had
secured themselves.
Mr.. Chandler hero endeavOred to secure
the admission from Gen. Swain that when
he made this statement about certain cred
itOrs making trouble ut the war department,
he meant that they would able to make
trouble by showing that the pay accounts on
which Morrow had borrowed the money from
the bankers were fraudulent.
Gen. Swain would not mako this admis-
sion. He said he had meant that if the
matter were brought to the attention of the
war department they would have compelled
Col. Morrow to adjust his accounts fairly.
Mr.. Chandler asked if he had not made
this statement to Bateman, because no had
in mind that If tho attention of tho depart
ment were called to the matter it would 70.
suit in Morrow'S dismissal from the army.
Mr.. Calhins objected. and Mr.. Chandler
argued his right to ask the question. Bate
man, he said, had testified that Swain threat
ened that if he (Swaim) did not get his money
he would squeeze Morrow at the war depart
ment so that mono of tho bankers would get
anything, and Swain had testified that he
had told Bateman that If certain class of
claims were brought to tho attention of the
department it would make trouble for them.
He (Chandler) wished TO show that Swain
know that tho only way in which trouble
could be made for the bankers was in tho
FALLING Of the attention of the department to
tho fact that the pay accounts issued TO the
bankers were fraudulent
The court directed the witness to answer
tho question, and no replied that he had in
mind that if the war department learned that
syndicate of bankers was drawing all of
horrowG pay, and that butchers, bakers, and
otheT bills OF like character remained unpaid,
there might be trouble for the bankers.
Mr. Chandler asked witness If he did not
remember that he (witness) had decided at
the army, that tho debts contracted by an
officer were not subjects that the department.
could take cognizance Of if the officer neg
lected to pay them. Witness replied that
that was his decision, but that it didn't bind
the war department.
After some further examination of the wit
ness, Mr.. Terry, clerk in the war depart
ment, was placed on the stand, and testified
TO having gone over Swam's accounts at
Bateman 81 Co.'s, with the object of settling
their differences
Pending his examination the court ad-
journed.
Laid at Rest In WOOdlayVn.
Tho funeral of Katherine Ethel, infant
daughter of Mr. and Mrs. Joseph Pulitzer,