Evening star., 1896-09-09
PENSION AFFIDAVITS
Justices Of the Peace Charged With
: Antedating.
HELD FOR The GRAND JURY
Testimony in the Case Heard by
Justice Mills.
M o R Z TO LILO w

M o r + TO FOIL w
Mr.. Oliver P. johnson, the well-known
justice Of the peace and notary public of
Georgetown, was placed under arrest this
morning by deputy United States mar
shaf on a warrant issued in acc cordanee
with section 4746 of the Revised Statutes
of the United States, which is as follows:
Every person who knowingly or willfully
In anywise procures the making or presen-
tation of any false or fraudulent affidavit
concerning any claim for pension or pay
ment thereof, or pertaining to any other
matter within the jurisdiction of the COM
missioner of pensions, or who knowingly
or willfully presents or causes to be pre-
sented at any pension agency any power
CT attorney or other paper required as a
voucher III drawing pension, which pa
pee pears a date subsequent to that on
Wnich 1t was actually signed or executed,
shalt De punished by fine not exceeding
s'oo, or by Imprisonment for a term not ex-
ceenng three years. or both.
The specific charge against Mr.. johnson
was that ne executed a pension voucher for
MRS. Mary J. Weems September last and
oaled the acknowledgment September 4.
Whlch, 1t was claimed. was in violation of
the statute referred to. Mr.. Johnson was
granted a hearing this afternoon before
United States Commissioner Samuel c.
Mills Assistant District Attorney Armes
appeared fer the government, while the
accused was represented by Mr.. L. Cabell
Villa nSon.
The proceedings " ere opered by Attorney
Williamson. who read the statute under
winch the warrant Was issued for the ar
rest OF Mr. Johnson He called particular
attention to the stipulation that the offense
must be knowingly or willfully' commit
ted. and argued that the affidavit upon
which the warrant was issued did ROT
tiens of the statute. Mr.. Williamson fur
ther claimed that the warrant did not
Charge the alleged offense, as it did not set
forth that the accused knowingly or WILL
violation of the law. Mr.. Williamson con-
cluded by moving to quish both the affi
davit ard the warrant on the ground that
the offense alleged was not sworn to or
charged.
Witnesses Examined.
Justice Mills overruled the motion and
the assistant district attorney called Mr.
Caleb B. Moore, chief clerk of the certiti-
cate division Of the pension bureau. Mr.
Moore produced and identified record of
pensioners who are widows of soldiers of
the Mexican war. The name of Mary j.
Weems was included IN the list.
Ar. jeremiah Connolly, a special exam
Witress.. He testified that he called at
the office Of Mr.. Johnson 1923 32d street
September 3. and saw the accused exc
cutlng pension vouchers: According to the
witness, Ar. johnson admitted that he ex-
ecuted tAe voucher of Mary J. Weems
September ,. and mailed it. with a num-
Der OF others. in Georgetown between 10
and IL O'clock, the night of September &
Mr.. Johnson explained to the Witness. so
the latter testified. that he began execut-
ing vouchers about o'clock the afternoon
or September 3. Parties had requested that
their vouchers be executed earlier in the
day, but Mr.. Johnson had declined to do
SO. Later, however, he changed his mind
ana determined to execute vouchers If the
parGes would leave the papers with him.
10 De mailed. III order that he could be sure
| that the papers would not get into the
mail until September f. Mr.. Johnson stated
to the witness that he told the pensioners
W Sno VA, Wa1ted tnear vouchers executed that
ne would not execute them September 3, If
they declined to leave the papers with him
each. '- SA'o
Mr. Charles N Allison testified that he
saw the voucher Of Mrs. Weems execnted
about pm. September 3 by Mr.. johnson.
Ine witness attached his signature to the
voucher as witness thereto. MIR. john
soh LOOK the papers away, saying that he
would mail them the following day
Held for Grand Jury.
This closed the testimony of the govern
ment. and the assistant district attorney
stated the facts Of the case to be that the
affidavit taken by Mr.. Johnson purported
| to have been dated September 4. while If
| was In reality executed and mailed Sep
| temher &
| Attorney Williamson then called atten-
! ton to the provision Of the statute which
| states that the accused must present the
| paper or cause 1t to be presented at a pen
! sion agency. No testimony had been pre-
| sented, claimed the attorney, to show that
MI Johnson presented the paper In ques-
| ton at the pension agency here. If Mr.
Johnson was to be successfully prosecuted
| said his attorney It must be because he
presented the Weems voucher at the pen
| sion agency. No testimony had been pre-
| scented to show to what place the voucher
| was mailed by Mr.. johnson. declared Mr.
Williamson. and there had been no eyi-
dence to show that the voucher had reach
| ed the agency by mail. For these reasons
| Attorney Williamson submitted to Justice
| Mills, his client should be discharged from
| Gust dy.
Justice Mills ruled that a prima facfe
| case had been established, and MI johnson
was held to await the action of the grand
| jury In 500 bonds. Surety was promptly
| furnished.
| 1t Is understood that E. NJ. Hewlett. col
| ored. a justice Of the peace will be arrested
! on the same charge and given hearing be-
| fore Justice Mills tomorrow morning at 10
o'clock. 1t is also stated that among other
| parties to be prosecuted are Alfred D.
Bailey of Bladensburg and Theodore Mum
gen of 211 F street. District Attorney
| Marbury of Baltimore will also prosecute
| alleged violaters Of the statute in Mary
| land.