| Show dile TIIE raa ray investigation TESTIMONY BEFORE tiie THE brill NGER COMMITTEE WHITES APPENDIX washington D C january 29 09 1884 1881 ralph bailin bahin recalled 33 by tile the cua CnA iRMAy Q state whether there have been on ulle ulie in the department of justice any papers or reports in reference to the accounts of the united states marshal for forthe the state of kentucky luring during the zime time that mr murray held that ollice office A yes Q state where the papers are at this time A they are in the committee room att aU least they were yesterday evening Q state whether this package lhand handing papers to the witness is the package ac of papers sent by the attorney general to this committee in relation to the matter spoken of A I 1 recognize this as the package Q have you examined these papers yourself Tour self sels to see what are their contents A I 1 did give them a casual examina iton Q state briefly the result of that casual examination A I 1 looked over these papers and I 1 can scan only state to the committee what suggested its itself elf elt to me in that casual examination I 1 have no proof for it the chairman you are not called upon for proofs of the truth of what you tou you TOU may have observed in these papers to to what do they relate A they are vouchers for fees which vouchers accompanied the accounts of the late marshal murray and for which he claimed credit in his bis accod accounts ats there is also a duplicate of an emolument return rendered by him to the department for the second half of the calendar year 1875 Q from your knowledge of the payers which should have been sent to the department of justice or retained in an the offices of the united states marshal what do you say as to whether these represent the whole of the papers that ought to be found in relation to these accounts or whether they are merely a partial list A these papers are merely parts of the account little bits of it Q are these all the papers that have been leen sent to the department of justice in reference to that half yearly account A I 1 can not say that because these tapers must have been referred to the of justice long iong before I 1 was vas appointed in that depa department rement I 1 merely know that thai these papers paper came seame dro Iro from nithe the department of justice from the fact that they were sent to me while I 1 was testifying here theother the other day with the instruct instructions i ons that I 1 was to hand them to the committee and I 1 find ana on some of the papers the stam stamp of the de department artmont art ment consequently consequent ly y I 1 11 ihnow now that my they came from the department the chairman A letter was sent to the attorney general requesting all pa papers ers in ref reference arence to marshal murray tote to be sent to the committee and ani ant these papers a p ers were sent in res response p onse to that etter letter ietter the witness I 1 have no doubt that these are all of his papers that are in the department of justice Q the other papers relating to his accounts would woud be I 1 suppose in the treasury department and also in the marshals office in louisville ky A it is questionable whether his hig duplicate emolument returns are arc on file in the court at louisville but the clerk of the court is under the law required to retain on file the duplicates of accounts approved bythe by the court the originals of which arc are sent to the 1 treasury department for payment Q what part art of the probable term of service oF of marshal marshai murray is embraced in these papers tapers A I 1 did not examine the dates very closely and abid can not tell they are arc just snatches of fee accounts these papers would probably not constitute one tenth of the fee account rendered by the marshal for one year they are but small samples Q they are but fragments of such papers as ought to be found in the treasury department and in the office of the court at louisville A yes Q state the names of the deputy marshals whose accounts are covered by these papers A john wyatt H diven howard and others Q state whether the papers before you show any investigation into the accounts of marshal murray by mr george K chase a former agent of the 1 apartment vart part ment of justice A there are arc marginal notes on some of the vouch vouchers erst which I 1 believe t to 0 be in the handwriting of mr chase and which would indicate that he had investigated vesti gated them Q state whether you have examined among these papers what purports to be a statement made by deputy marshal 11 diven A I 1 have Q state whether that statement ent is accompanied by any indorsement endorsement indor by mr chase A there is an indorsement endorsement indor of mr chases on it Q Is that in mr chases handwriting 1 yes tes Q are you sou familiar with hi bl hail hall halli hanl I anming writing A I 1 am f familiar with his signature and it appears to td me lne as as if nil nii jl this in dor was in the same sarge handwrite ing I 1 have no doubt that it is mr nir chases handwriting Q read bead that indorsement endorsement indor on divens statement in the handwriting of mr chase A reading the the within a statements state mentis made by mr henry diven of louisville kentucky formerly deputy united states marshal for nine years last past who resided there on jan I 1 find divens character for veracity beyond question I 1 have investigated the within statements as made by him and find lind them substantially true G K CHASE agent department of justice A agust 8 6 tie the tee chairman read the statement submitted by diven and to which that indorsement endorsement indor is appended the witness read as follows i august 1 1870 1 I 1 11 diven state as follows in december 1875 mat mccord was brought to this this thia city from livermore charged with having deposited in the post postoffice office for the purpose of being carried by mail certain ciau ci c u lars concerning illegal lotterle lotteries in relation to that case I 1 would wate fate ate that the prisoner McCord was bi bli bicht bit ht here by a private citizen from L lr r more without any warrant and u viti miti i ti out the marshals knowledge T tue tua ue marshal charged for going after liim jilin and bringing him with a guard T the lie lle marshal maae made his bis return on the back of the warrant charging fees to the amount of I 1 in january 1873 the judge of the lexington election refused to receive the votes of negroes who had not paid their poll poli tax general james F robinson dr chipley J W coch coc cochran hran n john C young matthew fourshee Fours bee john marrs george snider reedean Ree sean seand others were arrested by 31 E F atley a deputy marshal and all came down together to louisville without any guards the marshal charged f fr r guards with most of them in attending on the commissioner the marshal is allowed to have one man ma n to attend on each case in many cases there would be no one therein there in reality but fictitious names would be put ut on t the he roll They would put diven down down for instance when he would not be there at a all ali 11 and then afterwards cross the name and substitute sam crall crail or put shome hoine fictitious naem the deputy marshal is allowed to make sow som which would be 1500 for six months when they comet come to 0 in make ake up the fee bill for the six months if it is found that the deputy has made 2000 for instance for the six months instead of 1500 the extra is transferred nominally to the account of some deputy who has not made up to the allowance that deputy never gets the extra amount allowed him as shown by the rolls the emolument return ought to show exactly what the deputy makes for each six months but t the h deputy has been required to sign the emolument returns in blank all ail through kentucky we have united states commissioners but when a man is is arrested say in the mountains instead of taking him to the nearest commissioner where he could get his witnesses and stand a chance to give bail he is brought to louisville in in order to make fees and in eight cases out of ten guards are charged charge d for when they really dont have any guards the man is allowed to lay in jail jall without being able to get his witnesses when at the place where he was arrested if f brought before the nearest commissioner he could obtain nis his witnesses or give bail I 1 1 I 1 awill I will state that when john R reno was united states collector in one of the kentucky districts he came up here to attend a meeting of the grand army of the republic and he was paid on the witness rolls about when men he was not a witness in any case I 1 james ashcroft HAsh H croft while he was deputy united states marshal and deputy collector at paducah ky two offices under government which he had no right to hold hoid at the same timer time came to louisville on a visit and he was paid on the witness roll 38 33 as a witness when he was not a witness IQ ia any case there is a negro named james H moody who is paid as janitor J for cleaning the third floora floor 2 par per day ile he is paid 2 21 for every day the court is open in the year when the regular court opens twice a year I 1 in n order to manage so as to give him 1 I adache a day he has hah been put down as one althe of the ahe bailiffs of the court and he is allowed 2 per day extra for that in the october term 1875 the controller discovered that lle ile he had been signing twice and disallowed that term so to accomplish the same end general murray put another negro nefro taylor down on the roll as bailiff instead of moody but did not tell the negro taylor anything thin about it moody now pays taylor 2 per week for cleanie cleaning u up and when court is over mr farleigh gets the old negro taylor to sign the berti fixates a and hands moody the money so as it is now managed moodys moods name does not appear twice in washington while he still gets the money mones in many cases especially bankrupt cases where it becomes necessary to serve day process outside of a warrant upon a party at some distance in the interior from louisville it has been the custom of the marshal to send the original process to the postmaster at the place or some constable or sheriff or some other person with directions to lo execute the same and return to the original to him by matt mait rma mma when the process is returned execute d the marshal charges fees the same ut ab though f a L deputy had actually been sent thus charging fees for something which has hag not been becu done the deputy marshals are allowed three quarters of the fees which they make paying their own expenses this arrangement is made by general murray and the remaining one quarter of the fees goes to him in cases where the deputy marshal returns without making an arrest the whole expense falls upon the deputy and f furnishes urnis hes a motive for charging extra estra and illegal f fees ees where chero it can be done upon some subsequent trip in order to get even A great man many people in town do not go to the collector collectors s office and pay their special taxi would wouldga go around and hunt them up and take thern them before the commissioner and after he disposed of the case if I 1 1 would make a return on a warrant gen murray would sa s1 sign agn it and he would pay me t the he witness lee iee fee then I 1 would go to the these semens mens places on the corner and look in and see sec that he did not have his bis special tax put up in some conspicuous place and I 1 would ask him mr brown you have not fot vot got your government license yes he would say 11 1 have got them where are arc they 1 I have got them in the drawer then I 1 would say to him you have been reported to the united united states commissioner for not ilot having it in point of fact he had not been resorted reported ported but gen murray did not un der stand this arrangement I 1 would set a time and he would go up there between the time that I 1 had seen him and the time that he came to the commissioner miss loner ioner I 1 would walte waite out a warrant in my own handwriting ro no affidavit though I 1 would ifould write the warrant and the commissioner would sign ign it but it would have no affidavit the commissioner would ask if I 1 had bad inquired into the case in eight cases out of ten the moan roan an would tell him that when he got his licence h he read the penalty most of them were germans and he be would consider the matter a minute or so and say dont let this occur again go and put pait them up lie he would not make any charge against them for tor that as commissioner but the commissioner would charge the united states the fees for this kind of busi bus hesss were about 20 marshal and all the marshal got about 8 the district attorney 5 the district a attorney would not be present the marshals costs would oe be about odo on the average and witness fees 3 putting this negro taylor in with me this arrangement the marshal understood der stood arranz bc because se he paid me 50 cents extra to send the negro in to catch him I 1 could not get into his grocery to catch him they would know me I 1 would send the negro in as if he was buying potatoes ac and I 1 would go in in tive uve minutes afterward and send the fellow up when I 1 got fees on these town warrants I 1 did not resort to anything of the kind about the negro very seldom sent anybody in wilen I 1 executed the warrants myself the arrangement ran gement was that he would pay me loo witness fees and 50 cents extra in case I 1 was out anything on send sending the negro in then I 1 had haff to keep the the negro all the time this arran arrangement e anent has been going on for some two years ile he figured it ap up that the court would be open about two hundred days in the year and I 1 would be allowed 2 a day as crier and I 1 would make 2 a day on the warrants ile he figured it up at one every day he put some of lur ipg his s relations in young crittenden and forced me down re he took all the work away from me and gave it to crittenden he told the clerks to bring the process to the office and mr farleigh would hand him the process another point if they argue the rea son that these men are arc brought from a great distance is because there is no district attorney to prosecute the case he dont know his cases until he looks at his bis f fee see ce bills he never sees one case in five hundred he never looks at his cases until he looks at his fee bills and somebody makes them ont for him most imort of these men brought down from the country are brought down by men deputized by deputies general murray cannot delegate his power and authority john wyatt knows that he has not made out a large return on a process ifor three years all leal leai legal charges he is allowed 2 per day every dav day he is after a man and he charges for lor days he is in town before he starts if he is here three or four days he charges f for or them he dont ta take ke guards from louisville ile he may go way up in the country and hire men from there but he dont take them from here general murray would have discharged him six mont months ago if he was not afraid that he would talk taik mk ile he is drunk all the time colonel bullitt told me himself that it would never do to let john wyatt out of the office tha he would go out on the street and talk you have not put down about charley ballard they took him down to paducah and they put him on the wit ness roll they took J fry lawrence down into the country and him on the witness roll several years I 1 spoke to colonel wharton about it and made him stop it and he did not go this time lie ile did did not take him down this time he had been summoned though john wyatt brought a man down in february and charged two guards sam crail crall was astonished and asked if he could not give ball bail up there ile he could not give any kind of ball I 1 think his name was thomas scalf |
