The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1894-03-13

exhibits A and s. Many OF these witnesses
l found in jail serving sentence. l also put
myself in communicat ton with citizens In
many parts of the districts, whose replies
TO my letters l also submit with the other
:. This testimony, if true, reveals a start.
ing state Of affairs in the judicature OF
1t appears from this evidence that many
OF the deputy marshals had subdeputies APP
pointed by themselves, whose business 1t
was, by well regulated system OF esplon,
age TO work up cases for his principal ana
act as witness in the trial of the cases be-
tore the commissioners, thereby receiving
his mileage and per diem in addition to me
pagg allowed d. him BY his e IN Ih by
the nIountaineers, would spot sufficient
number of violators of the law to make a
trip to the commissioner profitable, notify
his principal to meet him at Il given point
on the railroaS and together with the &C
cIlsed they would go to the place OF trial.
(See PIP. - Elk. y
Securing the Country for Cases.
ut also appears that some of the COM
missoners had their professional witnesses
whose duty it was to scour the country
for violators of the revenue laws, report,
swear out warrants and attend a witness
in the and draw his per diem for at
tendance and mileage from the place OF
arresting defendant irrespective of the place
| of serving of the subpoena. Goee PIP. -,
again. the testimony shows that it was
| the jails and offer Inducements to prison
| ers to inform on citizens for Vlo-
| iatin2 the revenue laws, anu WIFI
successful to take the informants from
| Jail to the commissioner and have them
swear out a warrant against his victim
| (See pp. -, Elk. y. On this warrant the cit
| fzen would be arrested, arraigned and the
| informing witness used as witness in the
diem attendance and frequenty mileage
Of tMal, otwithstanding. tho fact that he
| actually Travelled to testify only from the
| iail to the commissioners office, distant in
Birmingham but few blocks. (See PIP.
TT appears also to have been the practice
| Of some of the deputies to use every means
| to induce defendants to plead guilty, re-
CARELESS of the facts in the case. 0See PIP
''These practices have been carried on to
such an extent as not only to bring odium
upon the department of justice, but to the
very great harrassment of and injustice to
many innocent citizens. The very sharp
competition to get business by such methods
has caused the country and cities to be
secured for victims, who are hunted down
and brought in from the hedges and high
ways until no ignorant man, however in
nocent, is safe in his liberty Many cases,
not only frivolous but criminally frivolous,
were developed by the testimony.
Il call your attention especially to two
of these cases, that of Anthony Gray, PIP.
to = in ex A, and G. f. Wllborn, PIP.
- to -, ex. A.
One Victim Photographed.
Anthony Gray is a poor old negro, sew
enty-six years of age, with frosted head,
and too ignorant to know his rights. He
was arrested on the informat ton of a pro-
feSsional witness, taken before United
States commissioner as retail liquor deal
er: inundated into pleading guilty; bound
over Ia court and in default of bond cast
into pr ison. Knowing that no language at
nv command could give you an adequate
idea of the criminal friVolity of this case
and show to what extent the competition
to get business has been carried, 1 Sc
cured the services of photographer and
had him take a picture of the poor old
negro in his nakedness and squaldity,
which l attach to and submit with his tes-
timony as an object lesson. ! instructed
the stenographer to take his testimony with
out hindrance or dictation. in his own dia-
lect, which carries the import OF verify
too strongly to be doubted. (See PIP. -.
eX. ,
Names Forged in the Expense Account.
Recurring to the matter of witness fees,
/ will say that l examined several hundred
witnesses pay rolls certified by commits
sioners for payment, and by questioning
orally and corresponding with the witnesses
whose names appeared on these payrolls as
to the fact of their attendance, how many
days and what amount they received, and
by comparing the signatures with the sig
natures OF the same persons who had served
as witnesses and afterwards testified before
me, / became satisfied that they had been
tempered Wlth-naneS forged, fcttlouS
names added, and amounts for mileage
and attendance raised. So thoroughly was
| convinced of this fact that filed q writ
ten protest with the marshal against the
payment of the accounts remaining on lille
in his Office unpaid. In fact / am certain
that the greatest frauds are perpetrated
in the district and the largest amount OF
money is wasted in the matter of making
and paying witness fees. If a commission
should be disposed to defraud the gov
eminent this furnishes him with the safest
method. Commissioners doing the greatest
amount of business in the district all have
clerks and brokers in the offices ready to
discount for cash all witness pay rolls in
cases tried by the commissioners, and there
Se- J,i,,.r 1-ia for,
than to get witnesses to sign payrollS III
blank, take their pay and leave the roll
with the commissioner or broker. who can
add the amounts of per diem and mileage
as much as the case will stand. and col
lect the money from the marshal In fact,
you will find in the evidence submitted,
isee pp -, ex } abundant proof that this
practice has been followed by some Of the
commissioners.
ut is but Just and fair to call your at
tention to the fact that all of the testi-
mony submitted is entirely eX parte. and
much of ii of persons who have been con-
victed of violating the revenue laws, and
were at the time of testifying, in jail serv-
ing sentences, and of others who had, upon
a preliminary trial, been sent to Jail IN de-
fault of bond. 1t was subject OF harsh
complaint, by some OF those interested, that
[ went to the Jail for any testimony at all,
but when it is remembered that the wit
nesSeS examined by me in Jail We're the
same used by the commissioners who had
certified TO their crediblity and upon whose
testimony reputable citizens had been de-
not feeling Inundated by their obligatory
criticism.
some Are Guilty, of Course.
while there are hundreds of frivolous
cases brought and tried in this district
there is no doubling the fact that viola
lions of the internal revenue laws are on
the increase, and many offenders who ought
to be arrested, tried and convicted. Yet
this does not palliate the wrongs done and
immense cost OF arresting and trying ig-
norant and innocent citizens. To find out
the source of and remedy for the evil
the end to which | worked I have tried
to be Just and impartial in tracing the evil
to its source, and have no hesitation in
saving that it is in the commissioners
court. With them the responsibility rests.
The fact that some OF the deputy marShalS
have worked up and brought before them
complaining Witnesses in frivolous cases is
TO excuse for them in issuing warrants.
The character ana merits of the cases are
before them, and upon them rests the
responsibility of issuing or not issuing the
warrant without which no further wrong
could be done. With the issuance of it
commences the evil, and to prevent its is
Suance in trifing cases and against lnno-
cent persons is the remedy.
Prosecution fer Fraud Recommended.
But this amended remedy will prove
futile as the original and the evil will 20 on
prospecting. Some more radical rem
edv must be invoked to rid the de-
partment Of justice g; this disgraceful blot.