El Paso daily herald. (El Paso, Tex.) 1881-1901, 1901-03-25
DISMISSED
One Case
Against
Capt. Dillon

Contrary to expectation the prelim-
mary hearing of Moses Dillon, collec-
tor of customs at the port, before Uni
ed States Commissioner Howe was be-
gun at 10:3O o'clock this morning in
stead of 2 O'Clock this afternoon as an
onunced Saturday.
There were two varied charges
against the collector. One warrant
charged him with furnishing valuable
| information to civil service applicants
SO that they might pass successful
examination.
The other charge was soliciting and
receiving campaign funds from GUS
toms house or treasury employees.
The examination today was had for
the purpose of ascertaining whether or
not probable cause for presuming the
| collectors guilt existed. If the United
States commissioner concluded from
the evidence that the allegations con-
| tanned in the complaints were probably
| correct then the collector would be
bound over to the grand jury. which
( meets in April. otherwise he would be
| discharged.
| The small court room of the COM
missioner on the third floor of the
custom house. was well filled by nine
o'clock this morning with witnesses
and persons directly interested in the
suit Only a few spectators. however,
were present.
| Collector Dillon was on hand early
with his attorney. Judge Leigh Clark.
The collector appeared to be perfectly
calm and his face failed to indicate
that he felt any anxiety whatever. He
joked some with those in the court
room and seemed to see nothing SER
ious in the procedure.
| A G.. Foster, assistant United States
district attorney, conducted the prose-
cution in his official capacity as re-
Quired by the duties of his Office. He
spent some time in consultation with
witnesses and the hearing was delayed
for more than an hour awaiting the ar
rival of stenographer. The princi-
pal witnesses. for the prosecution. Col
James Marr. William Kitchens. and Ed
Fink. were on hand long before court
convened. Finally the hearing COM
menced at 1920 o'clock.
Before the regular proceedings COM
menced the defendant asked the COM
missioner if he would be permitted to
see the papers that had been filed in
the case. explaining that he had re-
lceived a telegram from Washington
saying that certain papers had been
filed there.
The commissioner told him that he
could see all papers that went in as
levidence
"AlI / want said Captain Dillon
''is to have everything connected with
this case open and above board.
don't want any underhand work about
it."
w. T Kitchens Testifies.
W.T.. Kitchens was the first witness
called by the prosecution He testified
as follows:
Il am acquainted with Captain Dill
lon: he is the collector of customs for
hn Nnrff f,f In Eata nv-y
1 know of the meeting held. at which
time contributions were suggested for
political purposes. | don't know the
exact date but we held a kind of eau
Gus in Capt. Dillon's Office. I believe
II was on Sunday. Those who were
present were Mr.. Fink, Captain Dillon.
Mr.. Creswell of the customs port, and
myself. i don't remember the others
present
"The meeting was held simply to dis
cuss ways and means of electing dele
gates to the county convention which
was to elect delegates to the state con-
vention. We wanted to elect Captain
| Dillon and others as such delegates.
We simply wanted to discuss the ways
and means of carrying the convention
the way we wanted it to go. i don't
know who made the suggestion as to
raising money for the purpose. 1t runs
in my mind that Capt. Dillon made the
remark that it would be necessary to
have some money. don't know for
sure that it was Captain Dillon but
sCmebOdy made the remark
/ THE collector said he would head
the list with $25 and l took out S. and
laid it on the collectors desk as my
contribution. and l believe there were
some others. AS to whether the col
lector took it or not l don't know. I
supposed that he would take charge of
the funds as he was the man We want
ed to elect as delegate to the conven-
tion and virtually had charge of the
campaign. l don't know anything
about contribution in the fall of 1898
for Ohio. l made a contribution. but
l sent it direct to the committee
On cross examination the witness
! said:
| General Malloy was not present
that l remember. The only rooms that
/ went into at the time of the meeting
were the collectors and the deputy
collectors rooms. The inspectors room
adjoins the collectors. l don't remem-
ber having any preliminary conversa-
| ton in the inspectors room"
District Attorney Foster asked IL it
was not a fact that the witness and
others met in the inspectors room ,and
discussed the matter of sending dele
gates to the primary convention held
in FL Paso With a view of sending Cap
tain Dillon and other delegates to the
state convention: that Mr.. Fink said
that in order to hold the primary's ex-
penses would be incurred and that he
CONTINUED on Fifth Page.)