Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-03-07
A Pensiou Case on yr;,,

1hh CaARGE Or FRAUD AGAINST GOULD P. AUSTIN.
This morning, in the Criminal Court. the case o.
Gould F. Austin, formerly Clerk in the Pension
Office, charged with violating section $50, revised
| statutes. by using the mails in furtherance OF
| scheme to defraud, was called for trial Mt wor.
thlnSton, district attorney, represented the gov.
ernmen. AMI Mr.. Elisha p Phelps the defendant.
me government claimed that Austin having
ceen clerk IN the Pension Office, had knowledge OF
the claim Of Mrs. Helen r. Richardson OF Adrian
Mich: said claim amounting to about 1900, anG
TINT AFTER he tAustil) left the Office he opened
correspondence with Mrs Richardson with the
view OF obtaining money from her. pretending that
II depended on him whether the claim would be
passed on favorabv or otherwise.
THE TESTIMONY.
Mrs Richardson testified to receiving letters from
Austin w E. Hartzell, clerk In the Pension Office
identified the hand writing Of Austin: being quite
POSITIVE Matthews E. Pagan testified that the
NE SIP showed that Austin was the examiner in
Tue lnFaiid pension case OF Edmund Richardson
which was consolidated with that OF Mrs. Helen r
Richardson on the death OF her husband
TIE LETTERS
were read in evidence, dated from September 1882
to May. 1885, the first addressed to n W. Fitzgerald
stating that In the case OF Captain Richardson
I there was required proof If he left widow OF
children under 10
Other letters from Austin addressed to Mrs
richardson stated that the sister of Captain Rich
ardson was making big fight for the claim which
II VAS stated. he had wiled her; that it was
charged tnat she Nirs. 1dchardsoD bore bad
N =. anu hs'o GNo years before 1tlptnbLpu tC
get 5uvorce that he (the writer) saw through ii
all ana he would advise her to treat this letter as
como antia. that he had it in his power to serve
her and would allow her about s4lGO He also
thing. W fN' ~
one Of Mrs. Richardson's letters thanked Austin
ioi WHAT ne was doing. and said ne did not know
ho.' size would appreciate home of her own. for
sAe haa moved fifteen times in the past nine years.
WITNESSES EXAMINED.
Capt. H. J. Clifford, OF the Interior department,
testified that Austin was appointed In September,
1882 and he was dropped March 26tn following He
lad no duties after this last date in connection with
the department..
Mr. James F. Bell of the city post Office, testified
as :" the post office stamps on the env opes.
horace b. Springer gave similar test nOny.
d. W. Alattingly testified 10 going to austins resi-
dence with search warrant and recovering guam
tity OF official paper and stamps.
"a u. Newcoinb testified that on the result of his
eAaMh2tion Austin was dropped: he and MI.
Jatops having been detailed to examine COM
pant; They believed that Austin had large
Guatlty OF Official paper and envelopes, and going
10 his room, at 2I3 Pennsylvania ave. looked through.
i tv ~ oene the drawers and they found auhn
81 letters found relating to other pension claims
IMAM the Richardson case
ON cross-cXamination witness said Mr.. Mattingly
auu deputy marshal were along at the time, the
nist having the search warrant and the latter the
warrant OF arrest.
stated that Austin objected to any letters not re-
AallES 10 pension business being taken.
ThE. TESTIMONY CLOSED.
This closed the case for the government, and the
defendant offering no evidence MI. Worthington
argued the case for the government.
. me court Instructed the jury that If they found
INA! oeieEdtnt falsely represented that he was a
clerk In the department. Tor the purpose OF obtain
Ing money although he did not succeed, they should
return
VERDICT OF GUILTY.
After an absence OF As minutes the Jury found q
verdict Of guilty.
Mr. Phelps made an appeal for fine or Jail SEN
tence.
SENTENCE OF NINE MONTHS IN JAZZ.
The court said that this was one OF the first cases
under the statute set out. There We're some miti-
gazing circumstances in the case and some other
wise. He got no money. uor did he claim anything
from Mrs. richardson, but he made false repres u
tatOnS, and the evidence showed that he was try
Ing to supplant Fitzgerald & Co.. but he was
not tried for that. The law made the
attempt unlawful Ii the claim had been
allowed, and She had given him a present
tnere would be no complaint had he not
lied about 1t. He was disposed TO be len,ent as the
provision or the law vas comparatively unknown,
and the habit OF lying in circulars had spread SO
That they looked tor lies in them. He imposed c
sentence OF nine mcGthS in ail.