National Republican., 1885-06-06

ulul, upon Wlat foundation docs your liberty |
restY IL Is house built upon the sand.
Mark you, as said in tho outset, the gov
ernment has It's civil remedies, and N they 10
INTO court and sue John w. Drew In a civil
court 10 recover back money that he has ir- |
regularly procured from the government they
may serve notice on him to produce his books |
ana they may compel him TO produce his
books a preponderance of evidence Is suf |
ficient, but that rule of law relates 10 civil |
prosecutions But the government does not
see ilt TO sue him to get It's vulgar and filthy
money back. They are dealing with his lib.
ertyi they are attempting 10 take possession of
his whole ifc They are proceeding In man
ner that, If successful, should say that there
ls some dovilish principle of mock law within
the criminal tribunal which would produce
such result hs Is attempted in this case. It
freezes mans blood.
Now, the last proposition which Mr. Coylc
says II Is necessary for you to find Is that not
only that tho defendant knew that they were
false, presented them for payment and got the
payment on them, but that 1t must be shown
In addition TO that that he intended TO deiraud
the United States. IL is said here that there Ia
no evidence that the government bought any
articles which were furnished or which were
furnished In vouchers upon the face OF which
were written other articles. | think there IN
evidence in this case Of that fact. shall not
go outside Of what is stated in this case, but
what has been said upon that subject In this
case desire TO call your attention TO.
Now, what have stated do not think will
be contradicted, and think the court will in.
struct you, Ne / apprehend, In cotlsonance
with the authorities that have cited that tho
law does not condemn the presentation of
false paper and the procurement ofpayment
upon the false paper. II simply condemns the
presentation OF a iolse paper in support OF n
false claim. II tho government Keeps its
books in n manner which shows that one arti-
Gle OF property has been paid for under the
apparent purCnase Of another article Of prop
erty, who Is responsible for it2 Mr.. Drew has
no moro 10 do with the books Of the govern
ment than he has with its diplomacy. lie has
no more power to keep their books, or direct
how they shall keep them, than he has TO
mingle In the affairs OF foreign country So
any irregularity of tho books shown in this
case, you cannot, upon any principle OF justice
charge that irregularity or that confusion to
Mr.. Drew directly or indirectly.
Mr.. Coyle undertook to argue to you that
there was an apparent concert OF action be-
tween Mr.. Carrigan, Mr.. kirkwood, and Mr..
Drew. Whatever argument has been made in
respect to that matter rests upon the most airy
aud unreal suspicious There is not one par
tlcle Of evidence, with respect TO those deal
inngs, OF any interviews = between Mr.; Drew, MT:
whatever conspiracy or concert of action ap-
pears In this case, lives only In the imagina-
tion. There is not one single fact shown from
which he gets any such inference as that,
Now introduced here check showing that
Mr. Drew sold the government gallon OF
alcohol and a demIjohn, sending up to the de-
partment with II q memorandum, and OF his
receiving a check for ST. so for furniture. UDon
what principle of safety can Mr.. Drew go to
the treasury and present that DRAFT If the law
which these gcntlomen contend for is correct.
| Mr.. Drew knows that he never furnished fur
ntture to this department or to any other de-
| partment of tho government lie knows pre-
cisely what he did furnish, because 1t was dur
| ing this very year In which this indictment
was found-in the year 1885, in February. he
knows that they came to his store and ordered
alcohol and a domijohn; he knows he sent IL
and sent a bill, and through the mail comes
draft for furniture Now Mr.. Coyle says that
Mr.. Drew runs great risk in dealing with the
government in that way. He illustrated that
| by saying that If DR.. Wales died, Mr. Carrigan
died, and Mr. Kirkwood died, and there
was no one who knew what property he did
furnish, and he should say that he did
| not furnish the articles mentioned upon the
paper. why the case by the death of Carrigan,
Krkwood, and Wales, would be made out
against him. Certainly II would IL II be a case,
| If that is the case. But the government is re-
| quired to go beyond the papers and prove the
claim that the man had not supplied what he
presented. What was in Drow's mind when
| he sent his memorandum BILL II this be SO, to
| get paid for his alcohol. Suppose he walks up
| to the Treasury TO get the money on this piece
Of paper, what is in his mind2 The claim
that he has against the government for fur
nishing alcohol. and not furniture mentioned
on the draft which the government furnished
| him. II you can despoil u man of his liberty
technically guilty, imaginary guilty, guilty of
estoppel, which, in civil law, is where man
| Is not permitted to contradict paper, ask
| YOU II tne HOVerulnonL mas NOT Ulh0e out u CHbB
against him If he goes up TO the treasury and
draws the money on this check. If so, then
there is that much evidence in this case.
This is not two, three or four governments,
| gentlemen, as many governments as there are
departments, the Navy. the Treasury, and
| other departments, which are simply parts of
| the government, but the government is O
unity, and 1t does not matter though this draft
did not come from the bureau OF medicine and
surgery; 1t came from department OF the
government that was under no suspicion, that
was acting in an ordinary business matter,
ana sent the dram as n matter of course. Now,
| what does Il show2 / say that there is SER
mon In this paper that clears up the whole
case. II shows that u department of the gov
ernment, not suspecting, not watching, re-
ceived a bill for one thing and paid for an.
other. II shows that every paper that had
| anything to do with tho matter from the time
that Drew presented his memorandum bill to
| the dopartment-every act that enters into the
transaction-is an act of the clerical force of
the department Drew had nothing more to
do with 1t than you. Mr.. Worthington, &c.
eording TO his theory of the case could
that paper at the treasury for
collection. Is not tho evidence OF colluslon
Just as strong in regard to this paper as 1t this
of that? Mark you, there is no better cyl
brought to your notice here that they will
argue TO you about, than the collusion which
appears to exist from tho fact that Kirkwood
signed the same papor that Drew signed; And
out of these facts they will try this deadly in
ference to support. They show you that this
paper was signed by one officer OF the govern
mont and Mr. Drew signed II, and Is not the
conspiracy ofthe two officers OF precisely tho
same character as II is on that voloher2
Now, 1t may be said that alcohol Is used to
clean furniture; | do not know what may be
said of that, and therefore In one aspect OF this
case alcohol that cleans furniture Is furniture,
and tho furniture Is alcohol, preserving the
identity of the alcohol right through; They
call for alcohol, and they come In and testify
|
that the furniture and alcohol become identi.
fed, and whether you call 1t alcohol or call II
furniture you are calling II by the proper
name. But suppose they get another man IN
the department who would swear that he did
not see 1t put on. the furniture. We would
then certainly be In an embarrassing position
Then there would not be any unity between
the al cohol and furniture.
Now, gentlemen, do not know how II Il
with you, but never 20 TO the department.
that the employees are not either asleep, going u
to get directions about an office where yol
wanted TO go, If anybody is stationed there Il
give directions you have got TO wake them vi
TO get the information. That Is my experience
man in that condition of pleasant relaxation
would not be likely TO say anything that wa
annoying do not put much stress on thu
fact that they did not see anything going on II
that department. II seems to me that II thi
parties in the bureau of medicine and surger!
are not enthely worn down by arduous and in
cessant toll did not see a man who lookoC
J at all fatigued because Of great mental ant
physical labor. All of them looked ex
iremely healthy and robust, aud calculated
TO live long lives provided they can keel
their Offices If they should go out int
might come to this, but as long as they sleel
} and slumber in their official positions, and
have nothing to do but to sign couple o
vouchers q day, and do not read them, anC
, have reasonable, fair diet and pure water
, they are calculated TO live to very old age
7 Now, there Is that much evidence about how
7 tho government does business In some cases
:. that Is, in this case. You recolect DIR. Vale
Y said something about his notifying Mr. Car
a rlgan not 10 do this kind of thing. Now,
y you were 10 show that q man was breathing
Il you would not have to prove that he absC
y lutely put into his lungs air; that would be tn
assump ption. Here Is the head of the burea
y In an Interview with his chief clerk, charl