National Republican. (Washington City (D.C.)) 1872-1888, 1884-09-09
COL. BURNs1pE,s PLEA.
He Says that He Did Not Steal Anything and
Ue WINS Not Disbursipo CIort Arx,a.

On the 22d OF last July the United States,
through District Attorney worthington, en-.
tered suit against Col james o. r. Burnside
1rmerly discussing officer Of the postofice de-
partment, and the sureties on his bond, N. L.
Jeffries, Eliza.C. Hutchinson, ms Administrative
of the estate Of II. NJ. Hutchlson, and Robert
G. Ingersoll, as administrator:.of the estate of
Eben c. Ingersoll, to recover $4,000 for
failure Of Col. Burnside to administer the
office Of Disturbing clerk in an honest and
faithful manner, aud TO make good to that
extent the alleged defalcation Of the disburs.
Messrs. shellabarger and Wilson and s. r.
Bond yesterday filed for Col Burnside his plea
as to the suit against him and Gen. Jefffies
The other two being against estates require
separate pleas.
Col Burnsdcs says that the postmaster gen.
eral did not on the LIST day OF October, 1870
nor at any other time pursuant to law, con.
stitute and appoint him superintendent OF the
postoitce building and disbursing clerk, and
that he never was so appointed He denies
that he neglected or refused to pay to the
United States all public moneys coming into
his hands, or that he loaned, used, deposited
IN bank, or exchanged for other funds than as
the law allows, but AYERS that he fully paidthe
money and discharged ali obligations upon
him before the commencement of the suit
that he truly used, faithfully executed, and
discharged all the duties of the said office of
superintendent Of the postofilce building and
disbursing clerk according to the laws OF the
United States and did truly and faithfully
keep safely aud disburse and pay out all sums
Of pS public , money placed or coming into his
using &C., and did do and perform all other
duties as superintendent Of the postoilice
building and discussing clerk which were i'm
posed upon him by act OF congress, or by any
regulation Of the Postoilice department in con.
formity with law"
For a third plea 1t is claimed that the bond
was not authorized by law, and is therefore
niH u1o fhaf Ia nt q, ola,
amount as was directed by the secretary Of the
treasury. He says that the sole condition OF
the official bond required by law (sec. 17s, Re-
vised Statutes of the United States,) was "for
the faithful discharge OF the duties required
of his office required by law" that before the
execution Of the bond the postofiice depart
ment caused Il to be prepared and presented
to him, and did require and demand of him
that the same, with the condition, should be
executed by him with sufficient sureties, be-
fore he should be permitted TO remain in the
office or discharge the duties thereof, and re-
ceiye the pay and emoluments attached. lie
declares that the condition OF the bond is
yarient and wholly different from the condi.
ton required BY the act OF congress, andvaries
and enlarges the duties and responsibilities of
the defendant and his sureties, and that the
bond was, under color and pretense of the act
o. congress, and under color of office, required
and eItortcd from him, against the form,
postmaster general.
For further plea Col Burnside says that the
paper purports TO be the official bond of him
selffor the faithful performance of the duties
of the superintendent OF the postofiice build.
ing and discussing clerk, and he AYERS that he
never was at any time such officer, nor was he
ever eligible to the office Of disbursing clerk
because he was not on the LIST day of october,
1875, nor at any other time before or since, n
clerk of the fourth class in the postofiice de-
partment, or any other of the executive de-
partments of the government of the United
States, and therefore the appointment was not
made pursuant to law.
1t is perfectly apparent. from the pleas which
have been put in by the counsel of Col. Burn
side that the preliminary legal contest will be
over the legality of the appointment of Col
Burnside as superintendent of the postoflice
department and disbursing clerk and the
bond given and accepted.
pittsbiirp Va Nationals IN nitoI narl An