Evening journal., 1891-01-16
oIs1RIoT couar lN SESSION.
John w. Hickman Charged with Collect
Ing IIlegal Pensinn Fees


John w Hickman Charged with Collect
Ing Illegal Pension Fees.
United State5 Court reconyened yes
terday afternoon. The cases of Emmett
Morrow and William Pennington were
taken up. Counsel waived argument
and the case went to the jury on its mer-
its. After being ont one hour the jury
returned a verdict Of mot guilty"
The case of John w. Hickman of Gum.
boro, Sussex county, charged with q
violation of the pension laws. by taking
excessive fees for procuring pensions, was
opened. Hickman WAS represented by
Henry G. Turner, Esq. and Frank II.
Carpenter, Esq
The plaintiff in the case, George
Milbe, was FIRST examined, but on account
Of the failure OF his memory his testi-
monY was not binding
Hickman received pension of IS per
n onth for Milbe through Washington
/ agency. The fee was s25, but Hickman
made Milbe pay $50. This is contrary to
law. Robert p. Fletcher was put on the
stand, but tho court adjourned until this
morning.
he testified that he had known Hick-
man. and told how be had the case
brought up Elihu Lynch gave testi.
mony TO the effect that he knew Hiek-
man and never heard anything against
bis character. He recalled q conversa-
tion with Milbe In which he said Hick-
man could only charge $40 for collecting
a pension. Milbe replied "0f course
that's all he did charge me-"
James e. Belts testified that Hick
mans reputation was fairly good. BE
said that he heard that Hickman charged
more than S25, but not from a reliable
source
Robert P. Fletcher was recalled and
said Hickmans reputation was reliab Q
He eorroborated the other testimony. He
said that charges Of manufacturing tes-
timony in pension cases had been brought
against Hickman.
John H. Elliott said that be had heard
rumors against Hickman's reputation.
he was acquainted with Hickman. He
bad heard Joseph p. Morris call Mr.
Hickman skinner He pleaded the
poverty OF the pensioner and generally
paid a notar- public only half rates
while he invariably collected the full
fees. pocketing the difference The
argument was limited to twenty
minutes on each side.
The prosecution summed up the testi-
mony and Frank d. Carpenter and Mr..
Turner pleaded for the defence Judge
Wales charged the jury. He said that
the attorneys cannot charge more than
$40 unless a written contract Is made,
when $25 can be collected
he spoke OF the necessity
Of such laws. There are many pension
agents, and they are of three grades The
soldiers sometimes only receive part Of
the pension and as these attorneys have
very little labor they should charge but
little. He related the details of the
case. The jury retired OF II so o'clock
1t had not returned when court ad-
iourLed. The next jury was drawn, and
as Holstein Harvey was called and was
not present. he was therefore fined SO.
which was afterward remitted as Mr..
Harvey came in before the Jury was
drawn, District Attorney Cooper In.
dicted Hickman on the charge Of taking
excessive pension fees from Nellie Nit.
ehell, widow of Samuel Mitchell, depend
ent father Of Rufus Mitchell, who was
killed during the war.
Mr.. Cooper presented in evidence
draft for $llS7 49, she said she was
the widow of Samuel Mitchell, and that
hutus Mltcheu was his son. She applied
for pension in 1878 and John w. Rick-
man prosecuted her claim.
She collected the money at Seaford, but
lives at Sycamore. Her son James paid
$40 to Hickman by her authority. Then
Hickman asked for a present of $40
more, and she gave him that amount
She had told him she would give 800 if
he got anything worth while. The law
only allows $40 whether directly
or indirectly. Hickman asked
her to make an affidavit, but she re-
fused. Then Hickman told her 'ft would
clear her and Jimmy and himself" She
then made her mark on the paper, but
she did not no what it was for. She was
cross-examined by Mr.. Turner. She
did not know that Mr.. Hickman
received the money as she ''kain't
count money" Before counsel had fin.
ished questioning Mrs, Mitchell, who is a
very old woman, she rose up and de
clared that she would "be back in
minute, am going to JIM" Jim. was
in the marshals room and she went to
him. AS it was o'clock the jury was
discharged until 2 o'clock.