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ELLEN MANSFIELD AND MATTIE MANSFIELD.

JUNE 10, 1902.-Committed to the Committee of the Whole House and ordered to be printed.

Mr. CALDWELL, from the Committee on War Claims, submitted the

following

REPORT.

[To accompany H. R. 13658.]

The Committee on War Claims, to whom was referred the bill (H. R. 13658) for the relief of Ellen Mansfield and Mattie Mansfield, submit the following report:

This is a case for wood alleged to have been taken by or furnished to the military forces of the United States for their use during the late war for the suppression of the rebellion. Claim stated at $775.

A letter from the Chief of Engineers, United States Army, submitted herewith, gives fully the reasons for the favorable consideration of this bill, and is made part of this report.

Your committee recommend the passage of the bill.

Memorandum report on claim of William J. Hancock, of Pilot Knob, Mo.

On the 4th day of September, 1865, the following declaration was subscribed to by William J. Hancock:

[Claims for quartermaster stores or subsistence supplies furnished the Army of the United States.]

DECLARATION.

STATE OF MISSOURI, Ironton, Iron County, ss:

I, William J. Hancock, do solemnly swear that I am a citizen of the county and State above named, and that I was at the date the claim hereinafter set forth originated, and have been ever since, loyal to the United States; that from the 1st day of March to the 1st day of September, 1864, at or near the town of Pilot Knob, in the county of Iron, in the State of Missouri, the following articles of quartermaster stores were taken from me by Lieutenant Smith, of Company - First Nebraska Infantry Volunteers, under the order of and with the approval of Brig. Gen. C. B. Fisk, and that the articles or property so taken were of the full value of the sums respectively stated, viz:

700 cords green wood, each cord of the value of $1

75 cords dry wood....

Amounting in all to

$700.00

75.00

775.00

A part of said wood was used by the Army for fuel; the remainder was used for building barracks-log houses for soldiers-and in building Fort Davidson, at the above-mentioned town. The above-mentioned wood was assessed both in value and quantity by order of Brig. Gen. Clinton B. Fisk.

That no receipt or vouchers were given; that said stores were actually taken by said officer for the use of and used by the Army of the United States; that no payment has been made or compensation received in any way or from any source whatever, and that the rates or prices charged are reasonable and just and do not exceed the market rates or prices of the articles at the time and place stated.

WILLIAM J. HANCOCK.

The claim filed by Vail & Chase, of Ironton, Mo., was received at the QuartermasterGeneral's Office September 29, 1865.

A thorough investigation appears to have been given the merits of the claim, and on January 27, 1869, the Quartermaster-General referred the claim to the Chief of Engineers, with the statement:

"From the inclosed joint affidavit of Charles Van Roden and John V. Logan, it appears that of the 775 cords of wood claimed, 600 were used for engineer purposes. The evidence is not sufficient to warrant the recommendation to the Third Auditor, Treasury Department, of the claim for settlement of the 175 cords charged as fuel.' The claim was duly considered by the Chief of Engineers, who, on February 10, 1869, reported thereon to the Secretary of War as follows:

"This being in the nature of a claim for property taken for military use during the operations of the late war, and of a class for which Congress has made no provision, it seems undesirable to act upon it and all such cases until further legislation shall have established some rule for their settlement."

Under date of April 23, 1883, the Judge-Advocate-General of the Army, in reporting upon the claim and a power of attorney given by said Hancock, stated:

76* * * The claim has been prosecuted before the Department since 1865 by various attorneys, acting under powers of attorney from claimant. The last power of attorney is dated January 13, 1883, and was given to Hugh M. Bradley, of Ironton, Mo., and it revoked all former powers of attorney given by claimant. On the 21st of March, 1879, W. F. Leeper, of Mill Spring, addressed the Auditor of the Treasury, saying 'There is a claim prosecuted against the Government by one William J. Hancock, for timber taken and used by the United States Army at Pilot Knob, Iron County, Mo., amounting to, as I learn, the sum of $800. William J. Hancock had no land or timber at the time, but was then guardian for two little girls who owned the land and timber. His conduct was such that his letters of guardianship were revoked in 1866. He is, as I learn, now trying to collect the claim in his own name. I hope his claim will not be allowed to him, and if anything is to be paid it should go to those to whom the property belonged. I can furnish you with all the proof necessary to show that he has no right to prosecute the claim. I have no doubt but property was taken and used, but it was not his.' While the claim appears to be a just one belonging to the rightful owner of the land, yet this claimant appearing to prosecute it in his own name and right without disclosing the names of the real beneficiaries, and persisting in doing so long after his letters of guardianship had been revoked (if the statements of the writer of the above letter are correct, and there is no reason to doubt their correctness), I think he should be prosecuted for making and presenting a false and fraudulent claim against the United States, and it is recommended that the matter be brought to the attention of the Attorney-General with a view to a criminal prosecution against this claimant."

The case was thereupon brought to the attention of the Department of Justice on the 25th of April, 1883, and on January 18, 1884, the United States attorney at St. Louis, Mo., to whom the matter was referred for investigation, reported to the Attorney-General that—

"The claim was presented in 1864 by Vail & Chase, attorneys. Mr. Chase is now register of the land office at Ironton, Mo. I learn from him and from other sources that the land from which the timber was taken belonged to Hancock's wife; that she died leaving two girls, of whom Hancock was made guardian; that he sold the land and squandered the money; that his letters were revoked; and that the heirs received nothing from their mother's estate; that they are now living at or near Mill Spring, Mo., are married to brothers, their names being Ellen Mansfield and Mattie Mansfield. There is no criminal offense within the statute of limitations involved in this case. It is evident that the claim so far as Hancock is concerned should be rejected."

As a result of this investigation and report, the Secretary of War on February 28, 1884, formally rejected the claim of William J. Hancock.

March 7, 1894, Mrs. T. M. Mansfield, one of Hancock's daughters, requested information in regard to the claim of her father, and on March 23, 1894, she was informed by the Assistant Secretary of War that the claim had been duly examined and rejected some years before; that the claim is one for unliquidated damages, and that there was no appropriation under the control of the War Department from which it could be paid even if allowed. She was informed that her relief must be in Congress, and that it would be necessary for her to take steps to have a bill introduced for her relief. There appears to be nothing further of record in this office having any essential bearing on the matter.

G. L. GILLESPIE, Brig. Gen., Chief of Engineers, U. S. A.

CONGRESS

WILLIAM S. TILDON.

JUNE 10, 1902.-Committed to the Committee of the Whole House and ordered to be

printed.

Mr. MAHON, from the Committee on War Claims, submitted the

following

REPORT.

[To accompany H. R. 15011.]

The Committee on War Claims, to whom was referred the bill (H. R. 15011) for the relief of William S. Tildon, submit the following report:

The Committee on War Claims of the Fifty-fifth Congress, to which was referred the above-mentioned claim, not being fully and clearly advised of all the facts in said claim, referred the same to the Court of Claims for a finding of facts under the terms of the Bowman Act.

The case has been returned to said committee by the court with findings of fact, a copy being hereto appended and made part of this report.

Your committee recommend that said findings of the Court of Claims be carried out by the passage of the bill, which is in harmony with the conclusions reached by the said court.

[House Document No. 527, Fifty-seventh Congress, first session.]

COURT OF CLAIMS, CLERK'S OFFICE,
Washington, April 2, 1902.

SIR: Pursuant to the order of the court, I transmit herewith a certified copy of the findings filed by the court in the aforesaid cause, which case was referred to this court by the Committee on War Claims, House of Representatives, under the act of March 3, 1883.

I am, very respectfully, yours, etc.,

Hon. DAVID B. HENDERSON,

Speaker of the House of Representatives.

JOHN RANDOLPH, Assistant Clerk Court of Claims.

[Court of Claims. Congressional, No. 9612.

William S. Tildon v. The United States.]

This case being a claim for supplies or stores alleged to have been taken by or furnished to the military forces of the United States for their use during the late war for the suppression of the rebellion, the court, on a preliminary inquiry, finds that

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