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The Senate proceeded to the consideration of the case of the County Judge of Oneida county.
Mr. La Bau moved that the Senate go into secret session.
The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.
Mr. Sessions moved that the further consideration of the case be postponed until Wednesday next, at 10 o'clock A, M.
The President put the question whether the Senate would agree to said motion, and it was decided in the negative, two-thirds of all the Senators present not voting in favor thereof, as follows:
FOR THE AFFIRMATIVE,
T. Murphy Sutherland
FOR THE NEGATIVE. Campbell Folger
H. C. Murphy Wilbor E. Cornell Gibson
Stanford Wolcott Crowley Humphrey
12 The Clerk then read the sixth charge preferred against the accused, as follows:
bth. That sometime prior to the month of January, A. D. 1865, one John A. Haddock had been appointed to, and then held the office of acting assistant Provost Master General of the western division of the State of New York, with the rank of Major, and having his head-quarters established at Elmira. That the said Haddock had long been the friend of and intimate with the said George W. Smith, and advised him of his expected appointment, and after it was obtained had a long interview with him at Utica, in reference thereto. That' at the same time one Aaron Richardson was a notorious substitute and bounty broker. That one John D. Collins, residing at Utica, and having a desk in the office of the said county judge then and for a long time previous thereto, was employed by the said Richardson as his clerk, and to assist him in his aforesaid business. That with a view to the mutual and personal pecuniary but corrupt and unlawful gain and advantage of the said Haddock, Richardson and Smith, and for the purpose of securing peculiar and special facilities, and unfair and unlawful advantages to the said Richardson in his said business, in Oneida county and elsewhere in the said western division, a corrupt and unlawful arrangement and combination was entered into by and between the said George W. Smith and the said Richardson and the said Haddock, acting upon the solicitation and under the personal and official influence of said Smith, by which such peculiar and special facilities and improper and unlawful advantages were secured to said Richardson in his said business of recruiting and bounty brokerage. That among other things, the said Smith did on or about the 8th or 9th day of January, A. D. 1865, at the request and on the behalf of the said Richardson, go to Elmira, aforesaid, and did procure from the said Haddock, two several letters to Lieutenant Colonel D. W. C. Poole, then acting Provost Marshal at Utica, in the words and figures following, viz:
HEADQUARTERS A. A. Prov. MARSHAL GEN. & SUPT. OF
ELMIRA, N, Y., January 9, 1865.
Colonel--I have the honor to inform you that I have acquaintance with Mr. J. D. Collins, of Utica, and know him to be a fine clerk. You,
unless good reasons are apparent to the contrary, treat enlistment papers made out under his direction and in his office, during the hurry of recruiting, as though made out by one of your enlisting clerks--taking care, however, to see that such papers are made out in conformity to law and regulations. Very respectfully, your ob't servant,
JNO. A. HADDOCK,
Maj. and A. A. P. M. G.
ELMIRA, N. Y., January 10, 1865.
Colonel—The true construction of Order No. 23, Department of the East, dated March 25th, 1864, and promulgated from this office, with an intimation that the spirit of that order would govern me in passing upon cases arising in this Division, will be held by me to be that if recruits or substitutes are fully informed by the Provost Marshal, of their rights as to local and government bounties, they may thereafter assign to any person such portion of their
local bounty as they may elect, not exceeding five-eighths thereof. The Provost Marshal should take pains to inquire fully into bargains made with recruits and substitutes, and hold both parties to a strict performance of their agreements, not forgetting that recruiting agents have rights that should be respected as well as recruits or substitutes. I am, Colonel, very respectfully,
Your obedient servant, (Signed)
JNO. A. HADDOCK,
Maj. and A. A. P. M. G. W. Div. of N. Y. That in further pursuance of such scheme and arrangement said Richardson went himself to Elmira, starting on the same day with Smith, and passing him on the way, reaching Elmira in advance of Smith, and advising said Haddock that he was coming, and the purpose of his visit. That Haddock on that occasion gave to Richardson several letters to various provost_marshals in his division, commending him to their confidence. That afterwards, and in pursuance of such corrupt scheme and arrangement, the said Richardson, at Canandaigua, on or about the 21st day of January, A. D. 1865, presented to said Haddock a valuable horse, cutter, harness and robes of the value of $500 and upwards. That afterwards, and on or about the 25th day of the same month, he presented to said Haddock $2,000 in cash. That in further performance of said corrupt scheme, the said Haddock sent to the said Richardson at [tica advice by telegraph, as follows. On January 24th: "She will be there to-morrow; watch for her.” On the same day: “It stands at 2,088." On January 25th: “She was sent to you yesterday: Has she come? Do you want another one for the others? I wrote you last night.” That these telegrams were intended to advise said Richardson of the quota of the 21st Congressional district, being said county of Oneida. That afterwards, and on the 30th day of January, A. D. 1865, the said Haddock gave to said Richardson a paper showing the surplus of the several sub-divisions of said district, as shown by the report of quotas and credits to the 31st day of December, 1864. That at the same time the said Haddock gave to said Richardson a letter of that date to Capt. Crandall, who had succeeded said Colonel Poole as Provost Marshal of said district. The said paper and said letter are in the words and figures following, viz:
“Surplus of sub-districts in the 21st Congressional district, as shown by report of quotas and credits, dated December 31st, 1864: Annsville
1 Ava ...
9 Camden ...
3 Marshall .
5 New Hartford..
2 Paris ....:
8 Utica, 1st ward
4 3d ward
18 4th ward.
5 5th ward...
24 7th ward..
Oneida county at large
193 .. 17
ELMIRA, N, Y., January 30, 1865. Captain CRANDALL, Provost Marshal, Ulica, N. Y.:
Captain-From my acquaintance with Mr. Aaron Richardson, of Albany, I am well convinced that he is a man of integrity, and that he will do as he agrees. Such men are very valuable in putting in men, as his acquaintance is very extensive and his resources many. I hope you will grant him all reasonable indulgence. He is a man of property, and can back up his statements.
Very respectfully, your obedient servant,
• Major and A. A. P. M. G. That at some time after the appointment of said Crandall as Provost Marshal at Utica, the said Richardson had deposited with him a large amount, to wit: twenty thousand dollars of the bonds of Oneida county, as security either that the men enlisted by him would not desert, or that they should be credited to the said county or district; that these facts
and others connected with the transactions between the said Haddock and the said Richardson, were communicated to and well known to the said Smith, who was, during this time, in correspondence with said Haddock, and in frequent personal communication with the said Richardson after his return from Elmira, and during the months of January and February, 1865; that afterwards, and on or about the third day of March, A. D. 1865, the said Smith again went to Elmira and saw Haddock, and became fully acquainted with all his transactions with the said Richardson, as hereinbefore set forth; that on that occasion he tried to procure from the said Haddock an order for the surrender of the said $20,000 of bonds so deposited as aforesaid by the said Richardson with said Haddock, and also bonds of other parties deposited in like manner and for the same purpose: that said Haddock on that occasion gave to his clerk, one S. Floyd Hoard, an order upon said Crandall for the delivery to him of the said bonds, and the said Hoard and said Smith on the evening of that day went from Elmira to Rochester, where the said Richardson had proposed to meet said Haddock at that time; that the said Smith and the said Hoard met Richardson the next morning, and that said Smith then endeavored to procure from the said Richardson the telegrams, letters and papers hereinbefore stated, and others tending to show the corrupt arrangement between said Haddock and said Richardson in relation to recruiting, and among other corrupt inducements thereto, assured him that said $20,000 of bonds for which said Hoard had an order, would, if surrendered by said Crandall, be given up by said Haddock to Richardson; that immediately after his return to Utica the said Smith, on the fifth or sixth day of March, at the request of said Richardson, returned to Elmira; that on this occasion said Smith took a written memorandum prepared by said Collins, the clerk of said Richardson, containing several requests, to be presented to said Haddock on behalf of said Richardson, to wit (substantially):
1. To grant furloughs to three men put in by Richardson (and who were deserters.)
2: To send a guard to Utica. 3. To allow said Crandall to muster men for other districts. 4. To direct Crandall to give up the said $20,000 bonds to Richardson. 5. To have certain credits allowed to Richardson. That before going to Elmira on this occasion, the said Smith received buch memorandum in writing, and took it with him; that he there arranged at Elmira for a personal interview between the said Haddock and Richardson at some future day, which was afterwards arranged by telegraph by and between said Smith and Richardson, and took place at the Osborne House in Rochester on the tenth day of March thereafter; that the said Smith was there and occupied the same room with said Haddock; that on this occasion it was arranged between the said Haddock and Richardson that (among other things) said Richardson, in consideration of favors from said Haddock, was to send him by said Smith the sum of $5,000.
That said Sinith and Richardson returned to Utica, and soon thereafter, to wit: On the 13th day of March, the said Richardson, by the consent and with the knowledge of said Smith, caused a telegram to be sent from Rome to said Haddock, requesting him to order Major Beadle, then Provost Marshal at Utica, to muster men for Oswego, to which the following answer was returned, viz: (SENATE JOURNAL.]
ELMIRA, March 10, 1865. GEORGE W. SMITH, County Judge: I have given directions as requested by yon.
JNO. A. HADDOCK. That afterwards, and on or about the 16th day of March, 1865, the said Richardson gave to said Smith, in his office, the sum of $5,000, in seventhirty notes, to take to Haddock pursuant to the aforesaid arrangement at Rochester. That said Smith saw Haddock on the 18th day of March, and exhibited the said bonds to him, that he had at the same time the aforesaid memorandum given him by said Collins at Utica. Afterwards another meeting was arranged by telegraph, and was bad at Canandaigua between said Smith and Haddock on said Richardson's business. Hadduck had declined to receive the $5,000, and Smith had returned the money to Richardson.
The said Haddock had, besides the said telegrams and papers hereinbefore particularly referred to and set forth, sent to said Richardson various other letters and telegrams, tending to implicate him and furnish evidence of his misconduct in his said office, and to subject bim to military censure and punishment. That the said Haddock desired to recover and suppress such papers and evidence. That he procured the said Smith to endeavor to recover the said papers from said Richardson. That said Smith at the time when he was pretending to act as the friend and counsel of said Richardson, was likewise acting for said Haddock, and on his retainer and employment in endeavoring to procure from said Richardson such papers with a view to suppress such evidence.
That for the services in behalf of said Richardson hereinbefore set forth, and in pursuance of the aforesaid scheme and arrangement, the said Smith demanded of the said Richardson the sum of two thousand dollars.
The President then proposed to each Senator the question, “Senator, how say you, is the sixth charge preferred against the accused proven?”' when each Senator rose in his place, and responded as follows:
O'Donnell Wolcott Collins
16 AS NOT PROVEN. Crowley T. Murphy Stanford Sutherland Williams H. C. Murphy Sessions
The Clerk then read the seventh charge preferred against the accused, as follows:
7th. That the said George W. Smith did, while holding said office at Utica in the said county, on or about the 16th day of March, 1865, receive from one Aaron Richardson, a person then engaged in the business of bounty broker, the sum of five thousand dollars in seven-thirty government notes, upon the understanding and for the purpose of offering the same to the said John A. Haddock, then acting Assistant Provost Marshal General of the western division of New York, as a bribe for favors granted or to be granted to said Richardson, and did knowingly and corruptly bear and offer the said bribe to the said Haddock for the purpose aforesaid.
The President proposed to each Senator the question, “Senator, how say you, is the seventh charge preferred against the accused proven ?" when each Senator rose in his place, and responded as follows: