37TH CONGRESS, HOUSE OF REPRESENTATIVES. ( REPORT C. C. 2d Session. No. 277. CHARLES H. TODHUNTER. DECEMBER 4, 1861.-Committed to a Committee of the Whole House, made the order of the day for to-morrow, and ordered to be printed. The COURT OF CLAIMS submitted the following REPORT. To the honorable the Senate and House of Representatives of the United States in Congress assembled: The Court of Claims respectfully presents the following documents as the report in the case of CHARLES H. TODHUNTER vs. THE UNITED STATES. 1. The petition of the claimant. 2. Original evidence for claimant transmitted to the House of Representatives; a printed copy of the same transmitted to the Senate. 3. Claimant's brief. 4. United States solicitor's brief. 5. Opinion of the court allowing claimant $412. 6. Letter from the Secretary of the War Department, showing that the amount awarded to claimant has been paid by the government. By order of the Court of Claims. In testimony whereof, I have hereunto set my hand and affixed the [L. s.] seal of said court, at Washington, this 3d day of December, A. D. 1861. SAM'L H. HUNTINGTON, IN THE COURT OF CLAIMS. CHARLES H. TODHUNTER vs. THE UNITED STATES. Claimant's petition. To the honorable the judges of the Court of Claims : The petition of Charles H. Todhunter, a citizen of the State of California, in the United States, respectfully showeth to your honorable court that he was employed in the United States custom-house at San Francisco, in the State of California, as an inspector of customs, during the years 1849 and 1850, a portion of each year; that his pay as such officer was at the rate of four dollars per day, and that for the period of time, commencing with the first day of August, 1849, and ending with the eleventh day of November, in that year, both of said days inclusive, he was not paid the compensation above mentioned, the money for that purpose having been paid by the collector of said port to Major Allen, United States army, and by the said Major Allen transferred to the general government at Washington, before the petitioner was notified to have his account settled. Your petitioner therefore claims. from the United States his pay for the period of time above specified; that is to say, for one hundred and three days, at the aforesaid rate, amounting in all to the sum of four hundred and twelve dollars; that he has frequently made application to obtain the said sum due him, but that he has never been paid the same, or any portion thereof, and he therefore claims interest on the sum so due him from the last mentioned of said dates, and that your honorable court will report a bill in his favor as prayed, and that he may have such other and further relief as his case may entitle him to, and he will ever pray, &c., &c. CHARLES H. TODHUNTER. DISTRICT OF COLUMBIA, County of Washington, to wit: Before the subscriber, a justice of the peace in and for the county and District aforesaid, personally came Charles H. Todhunter, and made oath in due form that the facts as stated in the foregoing petition are true, to the best of his knowledge and belief. DISTRICT OF COLUMBIA, County of Washington, to wit: J. H. GODDARD, J. P. I, John A. Smith, clerk of the circuit court of the District of Columbia for the county of Washington, hereby certify that John H. Goddard, esq., before whom the above and annexed affidavit was made, and who has thereto subscribed his name, was, at the time. thereof, a justice of the peace in and for the county and District aforesaid, duly commissioned and qualified, and that his signature thereto is genuine. In testimony whereof, I have hereunto subscribed my name and affixed the seal of said court this 11th June, 1858. [L. S.] JOHN A. SMITH, Clerk. IN THE COURT OF CLAIMS. CHARLES H. TODHUNTER vs. THE UNITED STATES. Testimony of Isaac E. Todhunter for the claimant, taken before Edmund F. Brown, commissioner for the District of Columbia. DISTRICT OF COLUMBIA, County of Washington, ss: On the eighth day of March, A. D. eighteen hundred and sixty, personally came Isaac E. Todhunter, the witness within named, and after having been first sworn to tell the truth, the whole truth, and nothing but the truth, the questions contained in the within deposition were written down by the commissioner, and then proposed by him to the witness; and the answers thereto were written down by the commissioner in the presence of the witness, who then subscribed the deposition in the presence of the commissioner. The adverse party was notified, did attend, and did not object, except as herein stated. [L. S.] Fees of witness, none. Commissioner's fees: EDM. F. BROWN, Commissioner of the Court of Claims. Taking testimony, 5 pages, 1,200 words, at 20 cents per 100.. $2 40 Administering oath... Paid by claimant's counsel.. 10 2.50 The deposition of Isaac E. Todhunter, taken at the request of Wm.. B. Webb, esq., counsel for the claimant, before Edmund F. Brown, commissioner for the District of Columbia, to be used in the investigation of a claim against the United States, now pending in the Court of Claims, in the name of Charles H. Todhunter vs. The United States. First general interrogatory by the commissioner. Please to state your name, your occupation, your age, your place of residence the past year; whether you have any interest, direct or indirect, in the claim which is the subject of inquiry; and whether and in what degree you are related to the claimant. Answer. My name is Isaac E. Todhunter; my occupation, a clerk in the Post Office Department; my age is thirty-eight years; my residence the past year, Washington city. I have no interest, direct nor indirect, in the claim which is the subject of inquiry; and am in no degree related to the claimant, except that I am his brother. First interrogatory by the counsel for the claimant. State, if you please, whether you were ever engaged by the claimant to present a claim of his to the general government. |