Q. Swear positively to that, do you?-A. My best recollection-satisfied Kerrigan was here at the time. Q. I wish you would look at the case of an account against the United States for service on account of the arrest of James Carlin, January 31, 1882, and tell us what you know about that?-A. I have no knowledge, only as gained from the tab. In that case Mr. Crisel made his return and dictated the account. Q. Do you swear positively that Mr. Crisel gave you the information on which you made out that account?-A. Yes, sir; no other way of my getting it. Q. Are you positive Mr. Crisel told you he traveled 197 miles to arrest that man? -A. I can't say he said he traveled 197 miles, but the mileage to be charged was 197. Q. Didn't Mr. Crisel tell you when he arrested James Carlin and brought him in A. I have no recollection about the case at all. It strikes me that this man Carlin here, that he arrested him at a place called Williamsville, 12 miles from Springfield?— -I heard Wheeler and Crisel discussing the point, I think-had made a trip to McLeansborough for this man Carlin, and he wasn't there. My recollection is, they were standing at my desk, and that I was busy writing, and when they got ready to make the tab, I took a tab out of my drawer and made it out as directed by Mr. Crisel, and the mileage as given was 197. Q. Let me have Crisel's statement in the Carlin case. I want to read that to you [reads the affidavit of Crisel].-A. Well, that information certainly came from Crisel. There was a conversation held there. It seems to me this warrant had been issued before that and some one had made a trip ou it to McLeansborough and failed to find the party. I think this is the case. Q. Then do I understand you to admit that you were aware this man was arrested 12 miles from here ?-A. No, sir. I heard that conversation about traveling to McLeansborough, 197 miles, on the writ, and 1 made up the tab as shown here from data given by Mr. Crisel. I had no knowledge of this. Q. Look at the warrant for the arrest of James Carlin. Isn't that indorsement in your handwriting?-A. Yes, sir. Q. Do you swear that Mr. Crisel signed that after it was made out?-A. Yes, sir. Q. Swear to that positively, do you ?-A. I do most assuredly. Q. How much of that account is correct, if this man was arrested at Williamsville, as Mr. Crisel says he was?-A. Would be entitled to $11.92. Q. Out of 880.92?-A. Yes, sir. Q. Sixty-nine dollars incorrect. Look at this account for the arrest of Samuel Proting on February 2, 1882. That in your handwriting?-A. Yes, sir. Q. Where did you obtain the information on which you made out that account?- Q. Do you swear positively that Mr. Kerrigan gave you the data -A. Yes, sir. Q. Is that on the warrant in your handwriting?-A. Yes, sir. He brought it in and asked me to make out the return-stood right there-got his tab taken to the marshal, and Mr. Kerrigan got his money. Q. I wish you would please look at this account, General, against the United States for the arrest of William Grady, February 2, 1882, and tell me whether or not you know anything about that?-A. I know nothing only as shown there by the return. Q. Who did you obtain the information from on which you made out that account?— A. Obtained it from the marshal. Q. Are you absolutely positive about that?-A. Yes, sir; as I stated, I have no other way of getting the information. Q. What is the amount of that?-A. Thirty-two dollars and ten cents. Q. If that man was arrested in Springfield what would the marshal be entitled to?— A. Eight dollars. Q. Eight dollars out of $32.10?—A. Yes, sir. Q. Now look at this account for the arrest of Henry Winters, February 20, 1882.— A. That is in the same category with the rest. Q. That account is made out in your handwriting?-A. Yes, sir. Q. Where did you get the information on which you made it out?-A. Got it from the marshal. Q. Isn't the indorsement on the warrant in your handwriting?-A. Yes, sir. Q. Sixty-two dollars and twenty-two cents taxed there, isn't it?--A. That's merely from information in the clerk's office-taken from this. Q. Isn't that taxation of fees in your handwriting?-A. Don't think it is. That's merely the footing of this tab here. Q. If that man was arrested in Springfield, what was the marshal's proper fee out fthat?-A. Eight dollars. Q. Eight dollars out of $61.22-A. Yes, sir. Q. You made out this account on information furnished you by the marshal?—A. Yes, sir. Q. Absolutely positive about that?—A. I have no knowledge of the case other than that which was given to me by the party serving. Q. I wish you would look at this account for the arrest of James Martin, March 9, 1882, and tell me whether or not that account is in your handwriting ?-A. Yes, sir; I think it is. Q. Where did you obtain the information on which you made out that account ?A. Obtained it from Mr. Crisel. Q. Did he tell you he had a man by the name of James Randall as a guard in that case?-A. He certainly did. These accounts are made up simultaneously with the making of the return; the deputy would take the tab to the marshal and the marshal would settle with him on the basis of this account. Q. (Reading affidavit of Crisel.)—A. Mr. Crisel gave the data and took the tab to the marshal's desk, and he would settle with him for the work done, as shown by that tab. Q. (Reads an affidavit in the Walker case-Charles Walker.) I wish you would please look at this account for the arrest of Elisha E. Fox, May 20, 1882, and tell us what you know about that.-A. I have no knowledge only as presented by this tab. Q. Who furnished the information on which you made out this account; it is in your handwriting?-A. Yes, sir; the marshal gave the data. Q The marshal must have told you he arrested this man at Jacksonville, according to your statement?-A. Yes, sir. Q. Isn't the return on this warrant in your handwriting? A. Yes, sir; but the return was made by the direction of the marshal. Q. How much would the marshal be entitled to on this case if that man was arrested at Springfield?-A. Six dollars and fifty cents. Q. Out of $17.60?-A. Yes, sir. Q. Please look at this account for the arrest of William J. Wyatt, June 3, 1882, and tell me whether or not that is in your handwriting.-A. Yes, sir. Q. You made out this account -A. Yes, sir; it is in my handwriting.. Q. Where did you obtain the information on which you made out that?-A. That was given me by the marshal or Mr. Johnson in that case. Q. Do you say this information was given to you by either the marshal or Mr. Johnson ?-A. Yes, sir; I think Mr. Johnson gave me that information. Q. Now, I wish you would please look at the indorsement on that warrant and see if that Jacksonville has not been changed to Springfield.-A. It has. Q. That is in your handwriting, isn't it?-A. Don't think that's my handwriting. Q. This Springfield is what I am talking about.-A. Don't think it is my handwriting. Q. Before that change was made on that warrant this indorsement was correct, wasn't it?—A. Receiving the warrant at Jacksonville? Q. Yes, sir.-A. I couldn't say. Q. Mr. Johnson says so, don't he?-A. I don't know. Q. Right here.-A. He says he received it at Jacksonville. The account shows received it at Springfield-charging $2.80 travel-Jacksonville scratched out and Springfield inserted in order to put that in ?-A. That would be the inference. Q. I wish you would look at this account for the arrest of Charles H. Fox, June 7, 1882, and tell me what you know about that case?-A. I know nothing only as I see on the tab. Q. The account is made out in your handwriting?-A. Yes, sir. Q. Where did you obtain the information on which you made out the account?—A. From Mr. Johnson. Q. Absolutely positive about that?—A. I have no other means of getting the information only from Mr. Johnson. Q. Please look at this account for the service of a subpoena on Robert Huston, September 20, 1882, and tell me whether or not you served that subpœna?-A. I traveled on the subpoena to Braidwood, but can't say positively whether I served the subpœna at that time or not. Q. Why did you go to Braidwood?—A. One thing was to serve that subpœna. Q. Just while the train would stop ?-A. Yes, sir. Q. You were on your way somewhere else, were you?-A. At that time I made a stop at Joliet. Q. Was that on public or private business?-A. Hardly either-ran up there and made a stop and came back. Q. On pleasure, then?-A. Well, no; on a little matter of private business. Q. You didn't serve this subpœna at that time?-A. I don't remember whether I did or not; don't think I did. Q. Here is a subpoena at Sauneman, on the Wabash, served September 25, 1882. You actually traveled on that subpoena?-A. Yes, sir. Q. Served it?-A. On one of the parties. Q. Which one?-A. I think on Cording. Q. General, there is an alleged service of a subpoena-a grand jury subpoena-by you on November 23, 1882, upon H. C. West and W. W. Redman, at Ashland. Did you serve that ?-A. I served Mr. West. Q. Where?-A. I think at Ashland. I made two trips on that. Q. You claim that you actually traveled on that subpœna?-A. Actually traveled on it and made two trips. It was in the case of a man named Harry West. Q. N, it was a grand jury subpoena.-A. Wanted in that case. Q. Did you know M. A. Sullivan, a member of the legislature, in March, 1883 ?—A. I know there was a Sullivan. Q. Do you know of his ever having been arrested?-A. Yes, sir. Q. Who made out the account for the arrest of Mr. Sullivan, in March, 1883 ?—A. In my handwriting, but I know Wheeler made out his own tab. Q. This information, then, was furnished you by young Wheeler-L. E. Wheeler ?— A. Yes, sir. Q. Do you swear the information as you have it there was received from him?—A. Yes, sir. Q. What kind of a system did you have in the office while you were chief deputy marshal?-A. In what particular? Q. In regard to the management of affairs in the district-what sort of system did you have, or did you have any ?-A. I don't know; I just followed the system as I found it when I came in there. Q. Don't you think the office was very loosely managed?-A. I think it was; might have been improved. I think it was improved the last year and a half. Q. Are you not satisfied from what you have seen that many fraudulent and fictitions charges have crept into the accounts?-A. Well, judging from this information given me to-day it looks that way. I wasn't aware of it before. In making up these accounts it was always the rule to have the marshal go over them carefully, and he did revise them carefully, scrutinized the accounts with a view to strike out any irregularities if there were any. Q. Is it possible that these accounts, where marshal Wheeler is the party who performed the service, could have been submitted to the Department for payment and sworn to by him without his having seen them?-A. No, sir; it was not possiblenever was an account made or entered without Wheeler's going over it carefully. Q. Then do you claim that Mr. Wheeler examined every account before it was presented to the court for approval and to the Department for payment?-A. I claim that before any account was made up Mr. Wheeler would go over them carefully and examine them. Q. I don't understand what you mean by made up.-A. These tabs or accounts as made up by the deputies. They would lie in the drawer sometimes three or four or five weeks. When the time came to make up accounts, these tabs made by the deputies would be taken up and arranged in their order, and then would be submitted to Mr. Wheeler. He would carefully inspect them, and if they were all right he would so declare and then turn them over and have copies made of them-duplicates or triplicates-most of them triplicates. Then he would go over them again and inspect the accounts. This is the modus operandi in making up the accounts. They would be made up probably two or three times in the six months. That's what I mean by making up-arranging them in a shape so abstracts would be made. Q. How is it possible, then, that these accounts in Mr. Wheeler's name, where he admits himself that he did not perform the service, have been presented to the Department?-A. That's something I can't explain. Q. He must have known it, must he or not?-A. I don't see how it is possible for a person examining the accounts-it would seem he would certainly examine-understand that the accounts were there. Q. You invariably submitted to Mr. Wheeler every account you made up with his name on it, for his examination and approval?-A. Yes, sir; never presented an account to the Government but what passed through Mr. Wheeler's hands to my knowledge-that is, after I came in. The point is right here: Mr. Wheeler was in there some eight months before I was, with Mr. Dresser, one of the best deputies in the county. Mr. Wheeler was careful to study all these accounts. After I came in, Dresser remained a while, and I received my instructions from Mr. Dresser and the marshal, they having had an 'experience of eight months before I had anything to do with it. In making up these accounts, of course I was very careful to submit them. Q. Did Marshal Wheeler devote much personal attention to the office?—A. In the office most of the time. Q. Did he supervise, manage, scrutinize the papers?-A. Yes, sir; there never was a warrant, I think, ever went out but he knew about it, and where it went-I will say this, unless there was a custom among these deputies of coming in-they had in formation that warrants would issue, of course, and it would be desirable among themselves to get hold of these warrants; in that way warrants may have gone out that Mr. Wheeler knew nothing about. Q. Then Mr. Wheeler didn't run his office, but the deputies?-A. Well, that part. It was frequently the case that warrants were received and served by the deputies before the marshal or anybody in the office knew. Q. Mr. Wheeler, then, acted as a sort of figurehead; he was a fellow to get $6,000 a year, no difference how it was made?-A. He did a good deal of work. He was around the office-no, I couldn't say he was a figurehead. Q. Then, if he wasn't a figurehead, he worked-examined and scrutinized these papers?—A. Scrutinized the papers, yes; examined them. Q. Did you ever notice him examining these accounts?-A. These tabs ? Q. Yes, sir. Did he examine them with a good deal of care ?-A. I so understood it; went over them in detail-that is, each tab. Q. Each item?-A. So I understood. Q. Did he ever call your attention to any particular item?-A. Yes, sir; I have had my attention called to particular items in there. He would want some information on some particular point. I would give him what information I had on the point. My time during the session, of course, was devoted principally to taking care of the pay-roll and disbursement of the funds. Q. Nevertheless, you had general supervision of the office?-A. Certainly. Q. You were the man Mr. Wheeler looked to for the performance of this service?— A. Of course, I was to make up the accounts as given to me, and I did make them up as furnished-not on my own information or knowledge that I had myself. In conclusion I desire to add that I am in no way responsible for the errors, irregularities, or fraudulent charges in Marshal Wheeler's accounts. I simply acted as a clerk and made up the accounts upon information furnished to me by Marshal Wheeler and the different deputies. I simply put in the accounts what they told me to put in. I swear positively that I never inserted Marshal Wheeler's name in any account without having first been instructed by him to do so. J. N. REECE. Subscribed and sworn to before me this 12th day of June, 1884, at Springfield, Ill. JOEL W. BOWMAN, Examiner, Department of Justice. I, James A. Winston, hereby certify that I was present when the questions were asked and the answers given by J. N. Reece, and that after the same was reduced to writing I saw him carefully read over the same and sign his name thereto and swear to it, which he did voluntarily this 12th day of June, 1884. JAMES A. WINSTON. EXHIBIT NO. 52.—Affidavit of Jacob Wheeler, late United States marshal for the southern district of Illinois, in relation to various irregularities and false charges in the accounts rendered by him. Personally appeared before me, Joel W. Bowman, examiner Department of Justice. JACOB WHEELER, who, upon being first duly sworn according to law, deposes and says: I reside at Springfield, Ill., and am at present collector of internal revenue of the eighth Illinois district. I was formerly United States marshal for the southern district of Illinois. I recollect the case of Walker Hammon, who I transported to the Joliet, Ill., penitentiary in February, 1880. I actually transported this prisoner to the penitentiary. I employed C. F. Gross to act as guard over this prisoner, and he did so act from Springfield to the penitentiary. I recollect the case of Samuel H. Murdock, who I arrested at Havana, Ill., in March, 1880. I arrested and actually transported this prisoner to Springfield. In the case of John Robinson, arrested July 1, 1881, and Ruben Young, arrested July 2, 1881, I recollect these cases. I had nothing whatever to do with these arrests. The charge of $12 for travel by me on the John Robinson warrant is false. I did not travel any distance on this warrant. The charge of $20 charged for me in transporting John Robinson 200 miles is false. I did not transport John Robinson any distance. The charge of $4 for endeavoring to arrest John Robinson is wrong. I did not endeavor to arrest him at all. The facts in these cases are as follows: These warrants for the arrest of Robinson and Young were delivered to Deputy Marshal G. C. McCord, who in connection with C. C. Wilson effected the arrest of the parties and brought them to Springfield. I had nothing whatever to do with the cases, and remember when they returned with the prisoners to Springfield that McCord wanted credit for the fees in both cases, but I only allowed him the fees in one case. The returns on the warrants for the arrest of Robinson and Young are in the names of G. C. McCord and C. C. Wilson, and bear out my statement that I had nothing to do with the cases. I have no recollection of having served a subpoena on C. F. Luizie at Du Quoin, Ill., in December, 1882. I know I never traveled 138 miles to serve this subpœna, and if I ever did serve it, I served it in Springfield, or sent it to him by mail. I have no recollection of having served a subpoena on Silas Fannington at Grafton, Ill., in December, 1882. I know I never traveled 95 miles to serve this subpœna. If I ever served it, I served it in Springfield or sent it to him by mail. I don't know anything about the case of William Baldwin who appears to have been arrested at Jacksonville, Ill., March 4, 1881. If I ever arrested William Baldwin at all, I arrested him in Springfield, Ill., but I do not think I ever had anything to do with the case. I am positive that I never traveled 35 miles to serve a subpoena on R. C. Johnson. I have no recollection of having served a subpoena on L. O. Norton at Du Quoin, Ill., in July, 1882. I know I did not travel 138 miles to serve this subpoena, and if I served it I did so in Springfield, or I may have served it by mail. I have no recollection of having served a subpoena on Joseph Halluistein at Altamont, Ill., in January, 1882. I did some work at Altamont, but I do not remember exactly what it was. My impression is, however, that I actually performed this service. I do not remember having served a subpoena on Thomas A. Mathews at Saint Louis, Mo., in January, 1882. I do not think I performed this service. If I did serve this subpoena I either served it in Springfield or served it by mail. The 96 miles' travel on this subpoena is in correct. I have no recollection of having served a subpoena on Patrick Kenigan at East Saint Louis, Ill., in February, 1882; I never served Mr. Kenigan at East Saint Louis in my life. If I ever served this subpoena on Mr. Kenigan I served it on him at Springfield, Ill. I do not positively recollect whether or not I served a subpœna on Patrick Kenigan at East Saint Louis on February 14, 1882. I know on one occasion I went to East Saint Louis to serve Mr. Kenigan, and when I got there he passed me on another train, and I came back to Springfield and served him at Springfield. This may or may not be the case; I am not positive. I do not know whether I served a subpoena on W. M. Crissel on February 15, 1882, or not, but if I did I served it on him in Springfield. I am positive that I did not travel 197 miles or any other distance to serve this subpoena. I do not recollect anything about the arrest of Michael O'Donnell at Edgewood, Ill., on January 6, 1882. I am not positive, but my impression is that I performed this service. I do not know anything about the arrest of David Calvert, who appears to have been arrested by me at McLeansborough, Ill., on January 19, 1882. If I ever arrested David Calvert at all I arrested him in Springfield, Ill. I do not recollect anything about arresting Samuel Gates at McLeansborough, Ill., on January 27, 1882. I know I never made this arrest at McLeansborough. If I ever arrested Samuel Gates, I arrested him in the city of Springfield, Ill. I am not absolutely positive about the case of William Grady, who appears to have been arrested by me near Manito, Ill., on February 2, 1882, but my impression is that I arrested Grady at Springfield. He was here at that time as a witness. If I arrested him at all, I arrested him in Springfield. I do not recollect that case of Henry Winters, who appears to have been arrested by me at McLeansborough, Ill., on February 18, 1882. I may have arrested him, but if I did I arrested him in Springfield. I know that I never arrested this man at McLeansborough. I do not recollect anything about the case of Elisha E. Fox, who appears to have been arrested by me at Jacksonville, Ill., on May 20, 1882. I know I never traveled to Jacksonville to serve this warrant. If I ever arrested Elisha E. Fox I arrested him in the city of Springfield, Ill. I do not recollect having arrested Jonathan Vanoy, on an attachment, near Atlanta, Ill., in July, 1882. I don't remember anything about this case. I may or may not have made this arrest. I don't remember anything about the case. I don't recollect the circumstances in the case of James M. Garvin, who appears to have been arrested by me at McLeansborough, Ill., on February 5, 1881. I am positive that I never traveled from Springfield to McLeansborough on this warrant; nor did I ever arrest Mr. Garvin at McLeansborough. If I ever arrested Mr. Garvin at all I arrested him at Springfield. I recollect the arrest of Christopher Solderman at Hopedale, Ill., on July 26, 1883. I actually arrested and transported this prisoner from Hopedale to Springfield, Ill. JACOB WHEELER. I, James A. Winston, hereby certify I was present when the foregoing statement was made, and that I saw the above-named Jacob Wheeler carefully read over the same and sign and swear to the same voluntarily this 10th June, 1884. JAMES A. WINSTON. Subscribed and sworn to before me this 10th day of June, 1884, at Springfield, Ill. JOEL W. BOWMAN, Examiner, Department of Justice. H. Mis. 38, vol 2-7* |