National Republican., 1884-05-13

witness said that MIR. Bateihon nav ~ /,
cused him of perpetrating q fraud IN the uia., ,,
fer of the nav accounts no (witncss) said |
that those accounts were not yet due ana
that when they were presented TO the pay |
master thev would be paid lie might have
stated to Bateman that Swain knew he was
in debt, but could not say positively.
Witness was asked if he recollected having
had A conversation with stephen w. Dorsey,
in June or July at the Ebbitt house in this
CITY and having borrowed some money from
him He replied that he recollected tho CIR
cumstance. he was then asked II he had
not at that time told Mr.. Dorsey that swarm
was the cause of his (witnoss's) getting into
this trouble and that Swain had treated
him like q Shylock. Witness replied that he
had not made such o statement.
In answer to other questions witness
stated that Gen. Swain had, previously to
the transaction with Bateman, loaned him
(witness) $3.50 on his note. That was the
only financial transaction he had had with
Swain.
Mai. David b. B,McKibbon was then called to
the stand. He said he is q major and briRadier
general on the retired list. Hc testified to
accompanying Col. Morrow, at the latters
reouest, on his visit TO Gen. Swain. Nothing
had been said in his hearing on that visit
about Morrow's pay accounts. Witness ac-
companied Morrow from Swaim's house to
Bateman & Co.'s bank. Saw Mr.. Parker
there to whom Col. Morrow stated his busl-
ness, and witness gave him the plan upon
which the loan would be paid. When Mr..
Parker informed them that the bank could
not loan SIS 600, but offered TO loan 81 1000;
witness advised Morrow to refuse it as being
of no use whatever, and they left the bank.
EThe witness having been turned over Tor
cross.examination, Mr.. Chandler asked him
If he knew at the time of their visit 10 the
bank that Col Morrow had the duplicate aud
triplicate pay vouchers out. Mr., Calkins
immediately objected.
Mr., Chandler said he thought he had the
right to show that tho witness and Gen. Swain
knew all about these transactions. He
wanted to explore that knowledge, and
ascertain its limits.
Mt. Calkins said he had not gone into the
matter, and it was not competent to do so on
crOss-examination. He did not want
testimony to 40 on record which the witness
might hereafter be called upon TO confront
In another court. and he did not wish to
involve others than Gen. Swain.
Mr.. Chandler said he wished to show that
in these transactions all the parties to them
knew what they were doing; that it was no
child's play.
The court ovcrruled the objection to the
question, and the witness replied that he
knew that duplicate and triplicate vouchers
were out by heresay only, as hc had never
seen them. In roply to further questioning
ho said he had learned in confidence from
Col. Morrow of their existence some time
before their application to Con. Swain for
loan.
Mr.. Calkins objected to the admission of
this testimony, and moved to have itstrloken
from the record as improper. He said he did
this not for Gen. Swain, but to protect other
persons concerned.
Mr.. Chandler said he proposed to connect
the testimony with Gen. Swain. He pro-
posed to prove, first, that Mai. Mckibben
knew of those fraudulent vouchers by Maj
McKibben's own testimony, and then to
provo by circumstances that Gen. Swain
knew of them at the time of Morrow's appli
cation to tho latter for a loan.
After long legal argument between coun-
sci, the court ordered the room cleared, so
that the motion might be privately consid-
cred. On reopening the doors, Judge Advo-
cate Scott announced that the court declined
TO expunge the testimony to which objection
had been taken.
Witness, in reply to further inquiries, said
he had learned OF the existence OF the dupli
cate and triplicate vouchers about month
before the visit to Batemau's bank. In the
interview with Swain, only the general fact
that Col. Morrow was in debt had been stated
in his hearing. Witness did not know Of
any other interviews between Swain and
Morrow.
On the conclusion of the cross exam inaton,
the witness made a statement to the court OF
his position in the matter of the negotiation
OF IOl, MOrr0We q pay accounts. lie Hnlu nC
had found Col. Morrow in terrible distress,
amost wild. He had noticed his manner for
some time, and finally had gone to him and
told him hG ought to 20 to some friend and
tell him his troubles. Col. Morrow had then
told witness the state of his affairs. Witness
said here. II had nothing to do with thom
j had neither borrowed dollar from, mol
loaned o dollar to him. did not belong &,
n poker club. What did did from kindly
feeling for one of the most dashing and brill
liant officers in the service, and one Of thI
most honorable"
Continuing, ho said that no made list o
HoETow's debts and tried to get one person
TO take the whole OF them When he wen
to Mr.. Parker he told him the plan exactly Il
agreed upon although he did not go into tn
full particulars. He had, however, told hin
in O general way, and asked whether the.
could get the money from the firm. Parke
had offered some four months pay, whic
witness had refused absolutely, and toll
Morrow to refuse.
Gen. Pope here asked the witness IL any
hing was said in the interview between Gen
Swain and Col. Morrow and witness abOu
the securities that would be offered to Bate
man 4 Co. for the loan. Witness replied tina
he might have stated that the securities wGT
nothing but insurance and pay accounts.
He said, however, that Morrow spoke I
Swain himself He (tho witness had spoke
10 Mr.. Parker at the bank, Ia reply to an
other question witness said that to tho hes
of his knowledge nothing was said at tina
meeting about duplicate pay accounts. Wit
ness bad deferred the statement as TO MoI
rows securities until he should Dee IL tho
could got the money.
Gen. Swain was then called to tho stand
He said he had been IN the army since OCtC
ber, 1861, having entered from private If,
His position at present was that OF Judge ad
yocAte general OF the army, having bee
appointed such by President Hayes in Feb
Iuary. leSl. Witness testified TO his acquaiut
anCe with j. Stanley Brown, and to havin
loaned him 5000 TO increase his capital wit
Bateman & Co. substantially as already state
ia Browns testimony. He testified to havin
had speaking acquaintance with Col. BIOL
low, aud then narrated the story Of tho la
tors visit TO him with Major Mckibben, an
tho application 10 him for o loan Of $500
McKibben told him then that Morrow hR
been spoculating in oil; had lost heavily
aud was embarrassed aud ia debt, Witnci
had refused 20 loan the money, hut told thei
that they could undoubtedly get tho accom-
modAtion from some OF tho brokers ia th
city who did that kind Of business. Ho hS
referred them 90 Batcman & Co., and possibl
had given Col, Morrow note OF intrOduCtiO
10 Mr. BatemRn. Nothing was said Ia Ill
conversation about pay vouchers, and wltne
had no knowledge then Of Auy duplieal
vouchers issued by Col. Morrow, and sine
then had had no knowledge OF an
except by newspaper rumor and publ
talk He had not learned thu
Batsman Il Co. had loaned any money
Col. Morrow on his pay accounts until n
matter was published In tho newspaper
He denied having eyor had q Conyersat0