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water concern or water board of the city of Philadelphia, and the last that I heard of him he was doing some mining work in Mexico. Mr. MURRAY. What were the circumstances of his leaving the service?

Mr. CARTER. I do not know.

Mr. MURRAY. When did he leave the service?

Mr. CARTER. I think in 1899.

Mr. MURRAY. Do you know the circumstances?

Mr. CARTER. He resigned from the service to go to Philadelphia to prosecute a gentleman who was in charge of the waterworks there in Philadelphia, and that gentleman was acquitted.

Mr. MURRAY. Capt. Gillette resigned from the Army?

Mr. CARTER. Yes.

Mr. MURRAY. To take a position in civil service?

Mr. CARTER. His employment was by the city of Philadelphia to prosecute this man. I do not know-he went there as a prosecutor. As to the motive, I have here a letter from Gen. Marshall, who was formerly Chief of Engineers of the United States Army, about Gillette, in which he speaks of the character of the man. This letter is dated February 5, 1908. To show that he thought everybody was a criminal, he thought Gen. John M. Wilson was a criminal, and everybody. He was of that temper.

Gen. Marshall says:

Ask Gen. Wilson, Chief of Engineers, if Gillette is not a crank on making contractors rigidly adhere to specifications. When he was ordered to relieve Carter he insulted the chief by accusing him of relieving him from his work in California at the instance of contractors on whom he said he had been stringent, etc. Gen. Wilson asked me what kind of a man Gillette was, to make such accusations, and I told him in diplomatic language that he was a damned fool that knows everything, or a crazy crank that knows nothing, and I did not know which, upon which there seemed to be an agreement. This was before the Carter matter was heard of at all.

It appears to be unfortunate that he was a man of diseased mind. The CHAIRMAN. If you have nothing more, Captain, we are very much obliged to you; and unless the committee have some other questions to ask, Mr. Carter, I think we had better call this hearing at an end.

Mr. CARTER. I think there is just one other thing. I realize that what I am stating here may seem impossible to some of the members of the committee, and for that reason I would like to have you verify everything I have said. It is susceptible of absolute verification. I feel this way, that there is nothing that can make any amends to me, and I have no animus now in the matter, but I would love to have the truth known, because if it is true that the Department of Justice conducted these prosecutions that way, I would like to have the truth made known and made known by people powerful enough to be listened to.

(At 12.15 o'clock p. m. the committee adjourned.)

HEARINGS

BEFORE THE

COMMITTEE ON EXPENDITURES IN THE

DEPARTMENT OF JUSTICE

HOUSE OF REPRESENTATIVES

ON

HOUSE RESOLUTION NO. 103

TO INVESTIGATE THE EXPENDITURES IN THE

DEPARTMENT OF JUSTICE

AUGUST 22, 1911

WASHINGTON

GOVERNMENT PRINTING OFFICE

COMMITTEE ON EXPENDITURES IN THE DEPARTMENT OF JUSTICE. [Committee room 286, House Office Building. Telephone 583. Meets on call of chairman.]

JACK BEALL, Texas, Chairman.

ELBERT A. HUBBARD, Iowa.
PAUL HOWLAND, Ohio.
STEPHEN G. PORTER, Pennsylvania.

JAMES C. CANTRILL, Kentucky.
WILLIAM F. MURRAY, Massachusetts.
SAMUEL A. WITHERSPOON, Mississippi.

JNO. E. HOLLINGSWORTH, Clerk.

EXPENDITURES IN THE DEPARTMENT OF JUSTICE.

COMMITTEE ON EXPENDITURES,
IN THE DEPARTMENT OF JUSTICE,
HOUSE OF REPRESENTATIVES,
Tuesday, August 22, 1911.

The committee this day met, Hon. Jack Beall (chairman) presiding.

TESTIMONY OF MR. J. H. MACKEY.

(The witness was duly sworn by the chairman.)

The CHAIRMAN. What position do you hold in the Department of Justice?

Mr. MACKEY. Disbursing clerk.

The CHAIRMAN. How long have you held that position?

Mr. MACKEY. Since June 18, 1909.

The CHAIRMAN. Who was your predecessor in office?

Mr. MACKEY. A. C. Caine.

The CHAIRMAN. I wish you would give, for the benefit of the committee, just an outline of what your duties are in the disbursement of moneys used for that department.

Mr. MACKEY. In a general way, the auditing of accounts and the disbursement of moneys. Those accounts consist of two classes, pay rolls and special vouchers. The pay rolls are all made up in the office of the disbursing clerk, while the special vouchers, mainly, are made up by the claimants and forwarded to the disbursing clerk for audit and payment. After receiving an administrative examination the paid accounts are forwarded to the Auditor for the State and Other Departments for final settlement.

The CHAIRMAN. Now, do they reach the Auditor for the State and Other Departments prior to the time they are paid?

Mr. MACKEY. No, sir.

The CHAIRMAN. But they do go through as paid vouchers?

Mr. MACKEY. They go through as paid vouchers.

The CHAIRMAN. Are all the expenditures for the Department of Justice disbursed through your office?

Mr. MACKEY. No, sir.

The CHAIRMAN. What character of expenditures are paid elsewhere?

Mr. MACKEY. Court expenses; mainly court expenses. They are paid by the marshals in the several districts.

The CHAIRMAN. Now, do the vouchers of the marshals come through your office at all?

Mr. MACKEY. Not at all.

The CHAIRMAN. They go direct to the Auditor for the State and Other Departments?

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