Posted August 2001
Justus McKinstry
and His Enemies
by G. E. Rule
History
has not been kind to Justus McKinstry. U.S. Army Quartermaster at St. Louis
during the short but lively Fremont era (July-November 1861), McKinstry was
arrested by military authorities in November of 1861 and dismissed from the army
by President Lincoln in January of 1863. The conventional wisdom, as pronounced
confidently by the historians, is that his administration of the U.S. Army
Quartermaster’s office at St. Louis was rife with fraud and abuse. Unscrupulous
businessmen and adventurers defrauded the public of large sums of money. Often
unstated, but clearly implied, is that a goodly portion of that money must have
stuck to the palms of the man who approved the expenditures. General William T.
Sherman, who visited General Fremont at St. Louis during this time, pithily
summarized the popular understanding of what had happened in army contracts in
St. Louis during this period by observing in his memoirs that "‘Where the
vultures are, there is a carcass close by;’ and I suspected that the profitable
contracts of the quartermaster, McKinstry, had drawn to St. Louis some of the
most enterprising men of California. I suspect they can account for the fact
that, in a very short time, Fremont fell from his high estate in Missouri, by
reason of frauds, or supposed frauds, in the administration of the affairs of
his command."
Justus McKinstry was born in New York in 1814. His family moved to Detroit, and in 1834 Justus was appointed to West Point from Michigan. The family was a distinguished one, with one brother a justice of the California Supreme Court. McKinstry graduated 40th in a class of 45 in 1838. He served with Winfield Scott in Florida during the Seminole War and in the Mexican War as well. The spring of 1861 found him as Quartermaster in St. Louis.
By the spring of 1861, the formerly booming economy of St. Louis was a basket-case. For a frontier city accustomed to almost uninterrupted growth over the last 40 years, this was a traumatic state of affairs. The secession of the South and closing of the Mississippi suddenly cut St. Louis from its traditional and most lucrative markets. One need only compare the listings of forced Sheriff’s Sales from 1860 editions of the local newspapers to those that began to appear in the early months of 1861 to see the effects of this reality. In 1860, days would often go by when no sales were listed; then a sale or two would appear. In 1861 these sales often covered the better part of a page of the Democrat and the Republican, and were a daily feature.
Into
this depressed and increasingly desperate economy of local businessmen came
General John C. Fremont and his Quartermaster, Major Justus McKinstry. Fremont
had a large army to create and provision in a hurry, and the burden would fall
on McKinstry to make the latter happen. As might be imagined, local businessmen
grasped after these contracts like a drowning man for a life-jacket. The
government had caused their disaster by driving the South to secession;
shouldn’t the government bail them out?
Unfortunately for many of the local businessmen, the smaller ones in particular, McKinstry had several problems of his own. His staff —based on a pre-war U.S. Army that was smaller than the one that would now operate just in Missouri— was miniscule, the need was urgent, most supplies would have to be paid for with vouchers (a promise that the government would pay –eventually) rather than cash, and high-ranking individuals were firmly pushing their own favorites at him for special consideration in receiving contracts. Worse for the locals, some of the favorites weren’t even Missourians, let alone St. Louisans!
His commanding officer, Fremont, had his own favorites —mostly those who had been with him in his glory days in California in the late ‘40s and early ‘50s. These favorites caused a deep resentment in the locals. John McElroy acidly depicted the Missouri Unionists’ view of Fremont and his favorites in "The Struggle for Missouri":
Fremont, in the palatial Brandt Mansion, for which the Government was paying the very unusual rent of $6,000 per year, was maintaining a vice regal court as difficultly accessible as that of any crowned head of Europe. His uncounted and glittering staff, which seemed to have received the Pentecostal gift of tongues—in which English was not included—was headed by a mysterious "Adlatus"—a title before unknown in America or to the dictionaries, and since retired to oblivion. Naturally, the Adlatus’s command of English was limited. His knowledge of Missouri was even more so. Though commanding Missouri and dealing intensely with Missouri affairs, the men surrounding Fremont were everything but Missourians or those acquainted with Missouri affairs. It would have been surprising to find one of them who could bound the State and name its principal rivers.
This, too, in the midst of a multitude of able, educated, influential Missourians who were ardent Unionists and were burning with zeal to serve the cause. Not one of them appears in the Fremont entourage.
One
can easily imagine the gnashing of teeth and oaths of come-uppance that were
sworn by those caught on the outside looking in. The Union Safety Committee,
practically omnipotent in St. Louis in the period immediately before the arrival
of Fremont, were among those who suddenly found themselves unwelcome at the
Brandt Mansion. This did not stop them from doing their best to influence
McKinstry’s letting of Quartermaster contracts. Frank Blair (later Major-General
under Sherman), head of the Committee, pushed forward more candidates than
anyone else. Others of the Committee were even bolder and tried to secure
contracts for themselves. Formerly, if temporarily, rulers of St. Louis, it must
have been a bitter pill to beg for scraps and often not get them.
And then there was the literal pork barrel. A letter from President Lincoln sweetly suggesting that a fellow Illinoisan was a fine fellow, a loyal Unionist, and that McKinstry should buy as much pork from him as he could.
To complicate matters even further, after a promising start in May and June, the military situation for the Union in Missouri was deteriorating alarmingly as the summer went on. Cries for reinforcements came from everywhere; strategic Cairo in Illinois was threatened; Lyon was greatly outnumbered at Springfield (and eventually defeated and left dead on the battlefield); Lexington was in danger; perhaps even Jefferson City. No matter what the needs elsewhere, it was certainly unthinkable that St. Louis should be left unprotected.
But the Union had two things that the South could never match, and in the end it was those two things that won the war: manpower and the resources to equip it. General Price’s boys might use ancient flintlocks, make their own bullets, and have no two uniforms alike —but not the Unionists.
Lashed on by Fremont who was feeling the heat from Washington himself, McKinstry began to buy in huge quantities. Needing to equip an army of 40,000 for active field service (90,000 if garrisons are included) practically from the ground up, and do it in just a few months with a tiny staff using vouchers rather than cash, McKinstry decided to ignore the small businesses. He didn’t have the time or the people to deal with dozens of suppliers in small quantities, and the little guys didn’t have the resources to accept vouchers instead of cash in payment.
McKinstry made the decision to use a relatively small number of middlemen with contacts and capital to acquire the supplies that Fremont’s army required. One group would buy up with cash all the mules and horses the army needed from the small suppliers and McKinstry would pay them with vouchers. Another group would take charge of accumulating uniforms and camp equipage. Naturally it was understood that such a service would be provided at a profit.
The
rumors and the howls of favoritism began to grow. The middlemen were getting
rich at the expense of the little guys and the taxpaying public. McKinstry was
said to be on the take and directing the government’s business only to those who
were willing to pay him bribes. Fremont was in on it and even boondoggling a
series of useless fortifications around St. Louis; contracted out to one of his
old California cronies no less.
In addition to his Quartermaster duties, Fremont had made McKinstry Provost Marshal of St. Louis. Then, in defiance of the fact that only Congress could make Generals, Fremont had made McKinstry a general of infantry and given him a division of his Army of the West. The two men were closely connected in the minds of St. Louisans, and if it turned out that one was crooked the public would immediately think the same of the other. Fremont would later write his former lieutenant that, "You were charged with acts which you did not commit, for the purpose of holding me responsible for them." They would remain in contact after their St. Louis adventure, with McKinstry acting as an emissary from Fremont to the McClellan campaign in 1864 (see David E. Long’s excellent account of the 1864 presidential campaign "The Jewel of Liberty" for the details).
The increasingly shrill accusations of the locals were heard in Washington and the government began to stir. Fremont had caused huge embarrassment to the President at the end of August when he declared the slaves of all Southern sympathizers in Missouri free men. The President, with great restraint, pointed out to the General that he didn’t have the legal right to do such a thing and suggested that he rescind his order. The General, rather less gently, suggested to the President that if he didn’t like the order he should rescind it himself. The President did so, and —as both the General and the President knew would happen all along—incurred the wrath of the Radical wing of the Republican Party.
Emissaries were sent to St. Louis. A quick inspection of Quartermaster’s stores was performed, and a load of rotten blankets was found. Worse, examination showed that equipping the army by voucher had resulted in a deficit of $4.5 million dollars in the Quartermaster’s accounts.
But all would be forgiven if Fremont would just whip Price. A letter was sent by Lincoln relieving Fremont of command. By the President’s explicit instruction, this order was not to be delivered if by the time the courier had reached Fremont at the front he should have met and beaten Sterling Price and his Missouri State Guard.
Unfortunately for Fremont –and McKinstry—rather than face the Army of the West on their terms and timetable, Price had withdrawn to Arkansas to fight another day when the situation would be more favorable.
Fremont was relieved of command. McKinstry was arrested and held in close confinement at the St. Louis arsenal without charges. A Congressional committee in Washington and a Claims commission in St. Louis (to pay his vouchers) met and pilloried his administration of the Quartermaster’s office. Those who had been denied contracts, or been forced to work through the middlemen, were the star witnesses. In spite of his pleas, McKinstry was not allowed to be present to defend himself. For months he was not even allowed supervised access to his papers and former staff (who were also under arrest in a different part of the city) to prepare a defense of his actions. The prosecution had a field day and made sure the public was well informed of their findings; the defense was not allowed to reply.
"The Court Martial of Major Justus McKinstry" took place in St. Louis in October of 1862. While not exactly congruent with the charges that had come before the Congressional committee and Claims commission, all of the major players and accusations are here. McKinstry was accused of 61 specifications and found guilty of 26 of them. Most of the charges (40 of 61), and a whopping large percentage of the guilty findings (19 of 26), were the result of McKinstry’s dealings with just three parties. Pay special attention to the names James B. Neill, Joseph S. Pease, and Child, Pratt, & Fox.
There are several oddities about the specifications and findings. Note first that in almost every instance where it occurs, the phrase "and others in collusion with them" is removed by the court martial board. Was this phrasing originally meant to suggest to the public that Fremont was an "unindicted co-conspirator", and the board refused to go along?
Next, while there are several charges where McKinstry is convicted of "prostituting his office" or the like, there is a startling lack of specific allegations to this effect. The closest one can come is Specification 26, where McKinstry is accused of forcing S.P. Brady on someone as a partner in order to "appropriate a portion of said profits". The board found McKinstry "Not Guilty" of this charge. It is hard to avoid the conclusion that the Army could find no credible first-hand witnesses or evidence that McKinstry’s actions had resulted in financial profit for him personally. If you’re going to convict someone of being a prostitute, doesn’t simple fairness demand you prove that they got paid?
Lastly, there is the recommended sentence. Instead of years of hard labor, the board recommends that Major Justus McKinstry be dismissed from the army. Having gone to all these lengths, and spent almost a full year, to prove that McKinstry had defrauded the public of what must have amounted (if the charges were true) to hundreds of thousands of dollars, his only punishment is dismissal from the army? Even more curious, some members of the board suggest that the President should mitigate even this relatively light sentence. What message were they trying to send?
"The Vindication of Brigadier General Justus McKinstry" was published in St. Louis during the summer of 1862. Published prior to the October court martial, it is presented here in the opposite order because its explanations are easier to follow once one is familiar with the accusations against McKinstry. Note that "Vindication" claims him a General, while the War Office commissioned court martial record refers to him as "Major". One wonders if the higher levels of the Army might not have held it against McKinstry for accepting Fremont’s questionable promotion to general. Certainly, as a career man, McKinstry would have been expected to understand the issues involved.
One of the most striking features of "Vindication" is the detailing of the manner in which McKinstry was held practically incommunicado for several months after his arrest, with no charges preferred against him. The irony of a former St. Louis Provost Marshall being treated in such a manner was probably not lost on the southern sympathizers of the city.
Given that "Vindication" appeared before the court martial, it is possible—even likely—that McKinstry would have included more or different material if he’d known the exact charges against him before it was published. At the same time, McKinstry did such a believable job of demolishing some charges that his "Vindication" resulted in some that had been current before the Congressional committee and the Claims commission not being brought in the court martial at all. One of these was a "smoking gun" type charge that he had received a $5,000 bribe from one supplier. No doubt much to the dismay of his enemies, McKinstry successfully defused this charge with several sworn statements from participants and witnesses to the harmless nature of the transaction.
"The Vindication of Brigadier General Justus McKinstry" does not read like a man who feels he has anything to apologize for. Perhaps this was just skillful bravado, or perhaps he really did feel that way. In either case, it has been more than 130 years since Justus McKinstry has had a chance to strike back at his enemies and defend his name in public in his own words — Civil War St. Louis is pleased to offer this rare manuscript to the world.
The two following manuscripts were made available through
the good offices of Justus McKinstry’s grand-niece, Ann McKinstry Micou
—who obtained them from Harvard Library and the Missouri Historical Society, and
then digitized them. There are more materials related to this case, including
transcripts of the court martial from the local newspapers, that may someday be
part of this page.
THE COURT MARTIAL OF MAJOR JUSTUS McKINSTRY:
THE CHARGES, SPECIFICATIONS, FINDINGS, AND SENTENCE
War Department
FEBRUARY 13, 1863
GENERAL ORDERS
No. 43}
WAR DEPARTMENT
ADJUTANT GENERAL’S OFFICE
Washington, February 13, 1863
I. . Before a General Court Martial, which convened in the city of Saint Louis, Mo., September 24, 1862, pursuant to Special Orders, No. 239, dated Headquarters of the Army, September 13, 1862, and Special Orders, No. 260, dated September 25, 1862, and of which Brigadier General P. [Philip] ST. GEORGE COOKE, U.S. Army, is President, was arraigned and tried–
Major Justus McKinstry, Quartermaster, U.S.A.
CHARGE.–“Neglect and violation of duty to the prejudice of good order and military discipline.”
Specification 1st–“In this; that he, Major Justus McKinstry. Quartermaster, at St. Louis, Missouri, in the Department of the West, when on Peter Wiles, of St. Louis, had furnished to his department a number of horses fit and proper for the service, at about the price of one hundred dollars each, and was able and willing to furnish other like horses at the same cost, and offered to do so, refused to purchase said horses unless t a reduced price, and broke off his dealing with said Wiles, while he, said McKinstry, was purchasing from other persons–viz: Charles M. Elleard, B.F. Fox, Almon Thomson, F.J. Flannagan, James B. Neill, and others–horses no better. At the prices of one hundred and nineteen dollars and one hundred and fifty dollars each, to the gross waster and squandering of the public funds, and with the intent to throw the business into the hands of the dealers to whom he was paying the higher prices. This at Saint Louis, Missouri, on or about the tenth day of August, 1861.” [Not guilty]
Specification 2d–“In this; that he, Major Justus McKinstry, Quartermaster, Saint Louis, Missouri, knowing that by allowing to one Peter Wiles, of the city of Saint Louis, a commission of five percent on the purchase prices of the horses, he could procure a large number of horses fit and proper for the service, and at a cost not exceeding one hundred dollars each, did not and would not purchase said horses, while, about the same tine, he purchased other horses no better and at higher prices, to net one hundred and nineteen dollars each and one hundred and fifty dollars each, from other persons–to wit: Charles M. Elleard, James B. Neill, F.J. Flannagan, Ansyl Philips, and others–with intent to favor the purchases at higher prices and, and to the gross waster and squandering of the public funds. This at Saint Louis, about the tenth day of August, eighteen hundred and sixty-one.” [Not guilty]
Specification 3d–“In this; that he, Major Justus McKinstry Quartermaster as aforesaid, at Saint Louis, Missouri, when one Frederick M. Colburn, of the city of St. Louis, had furnished to his department a number of cavalry horses fit and proper for the service, at the price of one hundred and eight dollars each. And was able and willing to furnish other like horses at the same cost. And offered to do so, refused and failed to inspect or receive said Colburn’s horses, and by neglecting to attend to said Colburn when he offered his horses, by refusing to grant him inspection, and by annoying said Colburn with delays and expenses, in keeping and feeding his horses without inspection, broke off his dealings with said Colburn, while he, Major McKinstry, Quartermaster as aforesaid, was purchasing other horses not better than Colburn’s from other persons–viz: James B. Neill, Almon Thomson, Charles M. Elleard, and F.J. Flannagan–at the price of one hundred and nineteen dollars each, to the waste and squandering of the public funds. And with intent to throw the business into the hands of the dealers to whom he was paying the higher prices. This about August twenty-second, eighteen hundred and sixty-one, at St. Louis, Missouri.” [Guilty]
Specification 4th–“In this; that he, Major Justus McKinstry, Quartermaster aforesaid, at Saint Louis, Missouri, having contracted with one Oliver Lippencott to purchase from him, Lippencott, twelve mules at the price of ninety dollars each, and said Lippincott having brought said mules to the Quartermaster’s office for delivery, failed and refused to have said mules inspected or considered under said contract, but send one Ansyl Philips, from whom he, said McKinstry, was purchasing mules at one hundred and nineteen dollars each, to purchase the said mules from Lippincott; and when said Philips had purchased of said Lippencott seven of said mules at the price of seventy-five dollars each, he, said McKinstry, purchased the same seven mules from said Philips at a higher price, to wit: one hundred and nineteen dollars each, to the gross waste and squandering of the public funds, and with intent to favor the said Philips as a dealer. This about the eighth day of August, eighteen hundred and sixty-one, at Saint Louis, Missouri.” [Not guilty]
Specification 5th–“In this; that he, Major Justus McKinstry, Quartermaster, at Saint Louis, when one Oliver Lippencott offered to sell him five mules at ninety dollars each, failed and refused to purchase said mules from Lippencott; and when said Lippencott had sold said mules to a Government contractor, whose name is unknown, he, said Major McKinstry, purchased the same five mules from said contractor at the price of one hundred and nineteen dollars each, with intent to favor such contractor, and to the gross waste and squandering of the public funds. This about the twentieth day of August, eighteen hundred and sixty-one.” [Not guilty]
Specification 6th–“In this; Major Justus McKinstry, Quartermaster aforesaid, when one John H. Morse, of Jefferson County, Missouri, went to him at his office in Saint Louis, Missouri, and offered to sell him a large number of mules fit and proper for the service, and inquired if he was going to purchase any more mules, falsely stated to said Morse that the Government was not in need of any more, which statement, he said McKinstry, knew to be false, thereby intending to compel said Morse to sell his mules to others, from whom he, McKinstry, was then purchasing these animals at exorbitant rates above the market value. This at Saint Louis, about the first day of August, eighteen hundred and sixty-one.” [Not guilty]
Specification 7th–“In this, that he, Major Justus McKinstry, Quartermaster as aforesaid, having need, on or about the tenth day of August, eighteen hundred and sixty-one, to purchase for his department a large number of cavalry horses, did not and would not purchase them in the market nor for the market value; but authorized one Charles M. Elleard, of Saint Louis, without any advertisement for proposals, to furnish the same to him at one hundred and nineteen dollars each; and between that day and the twentieth day of September, in the same year, said Elleard had sold to said McKinstry, Quartermaster as aforesaid, about one thousand eight hundred cavalry horses, the market value of which was about ninety dollars only, each, on the average; he, said Major McKinstry, thereby then and there prostituting his office of Quartermaster, with intent to secure to said Elleard, and others in collusion with him, large gains, to the squandering and waster of the public funds and the disgrace of the service.” [Guilty]
Specification 8th–“In this; that he, Major Justus McKinstry, Quartermaster as aforesaid, on or about the tenth day of August, eighteen hundred and sixty-one, having need to purchase a number of artillery horses for his department at Saint Louis, Missouri, did not and would not purchase them in the market nor for the market value; but, without any advertisement for proposals, authorized one Charles M. Elleard, of Saint Louis, to furnish the same to him at one hundred and fifty dollars each; and between that day and the twentieth day of September in the same year, said Elleard sold to said McKinstry, Quartermaster as aforesaid, about three hundred artillery horses for one hundred and fifty dollars each, the market value of which, on the average, was about one hundred and ten dollars only, each; he, said Major Justus McKinstry, thereby then and there prostituting his office as Quartermaster, with intent to secure to said Elleard, and others in collusion with him large gains, to the waste and squandering of the public funds and to the disgrace of the service.” [Guilty]
Specification 9th–“In this; that he, Major Justus McKinstry, Quartermaster as aforesaid, on or about the first day of August, eighteen hundred and sixty-one, at. St. Louis, Mo., having need to purchase for his Department a large number of cavalry horses and mules, did not and would not purchase the same in the market nor for the market value; but, without any advertisement for proposals, authorized one James B. Neill to furnish the same at one hundred and nineteen dollars each; and on that day and the first day of October in the same year, said Neill had sold to said Major McKinstry, Quartermaster as aforesaid, about one thousand cavalry horses and mules for one hundred and nineteen dollars each, the market value of which was about eighty dollars each; he, the said Major Justus McKinstry, Quartermaster, thereby then and there prostituted his office, with intent to secure to said Neill, and others in collusion with him, large gains, to the waste and misapplication of the public funds and the disgrace of the service.” [Guilty]
Specification 10th–“In this; that he, Major Justus McKinstry, Quartermaster as aforesaid, on or about the first day of August, eighteen hundred and sixty-one, having need to purchase a large number of artillery horses for his department, did not and would not purchase the same in the market nor for the market value; but, without any advertisement for proposals, at St. Louis, Missouri, authorized one James B. Neill, of St. Louis, to furnish the same to him at one hundred and fifty dollars, each; and between that days and the sixth day of October, eighteen hundred and sixty-one, said Neill sold to said Major McKinstry, Quartermaster as aforesaid, about three hundred artillery horses, at the price of one hundred and fifty dollars each, the market value of which was about one hundred and ten dollars each on the average; he, said Major McKinstry, thereby and then prostituting his office, with intent to secure to said Neill, and others in collusion with him, large gains, to the misapplication and waste of the public funds and the disgrace of the service.” [Guilty]
Specification 11th–“In this; that he, Major Justus McKinstry, Quartermaster, at St. Louis, on or about the twelfth day of September, eighteen hundred and sixty-one, having need to purchase a large number of mules for his department, did not and would not purchase the same in the market nor for the market price; but, at St. Louis, Mo., without any advertisement for proposals, authorized one Leonidas Haskell, of St. Louis, late of California, to furnish the same to him at the price of one hundred and nineteen dollars each; and between that day and the twenty-seventh day of September, in the same year, said Haskell sold to Major Justus McKinstry, Quartermaster, about four thousand mules, at one hundred and nineteen dollars each, the market value of which was about one hundred dollars each on the average; he, said Major McKinstry, thereby then and there prostituting his office as Quartermaster, with intent to secure to said Haskell large gains, to the waste and misapplication of public funds and to the disgrace of the service.” [Not guilty]
Specification 12th–“In this; that he, Major Justus McKinstry, at St. Louis, Mo., about the 20th day of August, 1861, having need to purchase artillery and cavalry horses for the use of his department, did not and would not purchase the same in the market for the market value; but, without any advertisement for proposals, authorized one F.J. Flannagan, of St. Louis county, to furnish the same to him; that is to say, artillery horses for one hundred and nineteen dollars each, and cavalry horses for one hundred and eighteen dollars each; and in the residue of said month of August, and in the month of September, 1861, said Flannagan delivered under said authority about two hundred artillery horses, at the price of one hundred and nineteen dollars each. The market value of which was only about ninety dollars each; he, said Major Justus McKinstry, Quartermaster as aforesaid, thereby intending to secure to said Flannagan large gains, to the waste and squandering of the public funds.” [Not guilty]
Specification 13th–“In this; that he, Major Justus McKinstry, on or about the 20th day of August, 1861, having need to purchase a large number of artillery horses and cavalry horses for his department, did not and would not purchase the same in the market not for the market value; but, without any advertisement for proposals, authorized one Benjamin F. Fox, of Springfield, Illinois, to furnish the same to him at one hundred and nineteen dollars each for cavalry horses, and one hundred and fifty dollars each for artillery horses; and between that day and the first day of October, in that same year, said Fox sold to said Major Justus McKinstry about five hundred cavalry horses for one hundred and nineteen dollars each. The market value of which was about ninety dollars each, and about two hundred artillery horses, the market value of which was about one hundred dollars each; he, the said Major Justus McKinstry, thereby then and there prostituting his office of Quartermaster, with intent to secure large gains to said Fox, to the waste and squandering of the public funds and the disgrace of the service.” [Guilty]
Specification 14th–“In this; that he, Major Justus McKinstry, Quartermaster aforesaid, having, about the 20th of August, 1861, at St. Louis, Mo., contracted with one Benjamin F. Fox, of Illinois, to furnish him, as Quartermaster, a number of artillery horses for the price of one hundred and twenty-fie dollars each, afterwards, when said Fox was performing his contract and was about to deliver a portion of the horses at that price, afterwards, about the 12th of September, 1861, out of mere favor to said Fox, and without any other consideration, agreed with said Fox to pay him one hundred and fifty dollars each for the same horses which said Fox had contracted to furnish at one hundred and twenty-five dollars each, and did receive from said Fox said horses accordingly, at the price of one hundred and fifty dollars.” [Not guilty]
Specification 15th–“In this; that he, Major Justus McKinstry, Quartermaster as aforesaid, having authorized, as aforesaid, James B. Neill to furnish to his department cavalry horses for one hundred and nineteen dollars each, and artillery horses for one hundred and fifty dollars each, did suffer and permit said Neill to inspect, receive, and brand his own horses so sold to him, said McKinstry. This at St. Louis, on the eighteenth, nineteenth, and twentieth days of September, 1861, to the gross neglect and disregard of the interests of the service.” [Not guilty]
Specification 16th–“In this; that he, Major Justus McKinstry, Quartermaster, having authorized James B. Neill as aforesaid to furnish him artillery horses and cavalry horses as aforesaid, did suffer and permit Neill to receive and brand horses as cavalry horses, furnished by himself as cavalry horses, at one hundred and nineteen dollars each, and afterwards to brand the same horses, and did receive the same from said Neill as artillery horses, at the price of one hundred and fifty dollars each. This at St. Louis, about the 10th of September, 1861.” [Not guilty]
Specification 17th–“That on or about the ___ day of ___, 1861, when one Almon Thomson offered to sell to him, Major Justus McKinstry, Quartermaster aforesaid, a number of mules, about seventy, fit and proper for the service, and when said mules were greatly needed in the service, he, said McKinstry, did not and would not purchase said mules, nor cause the same to be inspected for a long time, nor until said Thomson paid one James B. Neill fifty dollars to have his mules purchased, and then said McKinstry had said mules inspected and purchased the same; he, said McKinstry, thereby then and there prostituted his office, with intent to favor the same James B. Neill. [Not guilty]
Specification 18th–“In this; that he, Major Justus McKinstry, Quartermaster as aforesaid, when one James Everett, of Saint Louis, Missouri, about the 28th August, 1961, offered to sell him a large number of horses fit and proper for the service, some of them as cavalry and some of them as artillery horses, and would have sold them to him at about one hundred dollars each all around, refused and neglected to purchase said horses, or inspect the same, and did not and would not inspect the same, till said Everett was compelled to sell his horses to Charles M. Elleard and F.J. Flannagan and others, to whom said Major McKinstry was paying higher prices for said horses; and when said Everett had so disposed of the horses, he, Major Justus McKinstry, purchased the same horses from Elleard and Flannagan and others, at one hundred and nineteen dollars each for cavalry, and one hundred and fifty dollars each for artillery horses, to the waste and squandering of the public funds; he, said McKinstry, thereby then and there intending to compel said Everett to turn his horses over to said Elleard and Flannagan, and others, contractors, at higher prices, and to enable them to make large gains above the market value of said animals. This at Saint Louis, on or about September 6, 1861.” [Guilty]
Specification 19th–“In this; that he, Major Justus McKinstry, Quartermaster, at Saint Louis, when one John Allen, of St. Louis, was able and willing to sell him a large number of mules and cavalry and artillery horses fit and proper for the service, and offered to do so, the cavalry and artillery horses at about one hundred and five dollars each, and the mules at about one hundred and nine dollars each, failed, neglected, and refused to inspect or purchase said animals, until said Allen had been compelled to sell them to contractors, to whom he, McKinstry, was paying higher prices, to wit: one hundred and nineteen dollars each for mules and cavalry horses, and one hundred and fifty dollars each for artillery horses; that is to say, to B.F. Fox, of Illinois, Charles M. Elleard, Leonidas Haskell, James B. Neill, of Saint Louis, and F.J. Flannagan, and others; and when said Allen had so sold his animals, he, said McKinstry, did purchase the same animals from said contractors for the prices last mentioned, thereby prostituting his office as Quartermaster, with intent to secure large gains above the market value to said Elleard, Flannagan, Haskell, Fox, and others, to the waste and squandering of the public funds. This about the twentieth of September, 1861, at Saint Louis, Missouri.” [Not guilty]
Specification 20th–“In that; he, Major Justus McKinstry, Quartermaster as aforesaid, when one Josephus Irvine, of Pike county, Missouri, was able and willing, and offered to sell him a large number of horses and mules fit and proper for the service, at one hundred and ten dollars each, and to enter into bonds to comply therewith, he, said Major McKinstry, falsely stated to said Irvine that the Government did not want any more stock, and did not and would not purchase from said Irvine, notwithstanding he, said Major Justus McKinstry, Quartermaster aforesaid, was, at the same time, purchasing horses and mules not better than said Irvine’s from other persons–that is to say, F.J. Flannagan, James B. Neill, B.R. Fox, Charles M. Elleard, and others–for one hundred and nineteen dollars, thereby then and there intending to compel said Irvine to sell his mules to person to whom he was paying higher prices, to the waste and misapplication of the public funds. This on or about the twentieth September, 1861.” [Not guilty]
Specification 21st–“In this; that he, Major Justus McKinstry, Quartermaster aforesaid, when one Robert P. Coffey, of the city of Saint Louis, was desirous of selling to Government a large number of mules fit and proper for the service, at one hundred and eight dollars each, and offered them to said Major McKinstry, he, said McKinstry, failed and refused to purchase the same, until said Coffey had been compelled to sell them to one Captain Leonidas Haskell, as one hundred and eight dollars each, in Missouri Bank paper, after which, he, said McKinstry, purchased the same mules from said Haskell at the price of one hundred and nineteen dollars each, with intent to secure to said Haskell large gains above the market value of said animals, and to the waste and squandering of the public funds and the disgrace of the service.” [Not guilty]
Specification 22d–“in this; that he, Major Justus McKinstry, having purchased of one Robert W. Peay, of the city of St. Louis, two hundred and ninety mules for the service, at the price of one hundred and ten dollars each, on or about the 20th day of September, 1851, afterwards issued to one James B. Neill, of the city of St. Louis, a voucher for the same mules as if sold to the United States by said Neill. Said voucher is in the words and figures following to wit:
No. 12
The United States,
To James B. Neill
Dr.
Date of purchase Dolls., Cts.
1861
August 10, 40 mules
August 17, 6 mules } At $119............................................................39,984.00
August 20, 263 mules
August 21, 27 mules }
I certify that the above is correct and just, and that the articles have been accounted for on my property return for the quarter ending on the 30th of September, 1861.
(Signed)
J.. McKINSTRY
Major and Senior Quartermaster
Received at ___, the___ of _____, 1861, of _____ ______, Quartermaster, United States Army, the sum of thirty thousand nine hundred and eighty-four dollars and ____ cents, in full of the above account.
(Signed in duplicate) JAMES B. NEILL
The charge of two hundred and sixty-three mules, under date of 20th, and of twenty-seven mules, under date 21st, in said voucher, being the same mules sold by said Peay to said Major McKinstry, which said voucher was and is false; in this, that said two hundred and ninety mules were not sold to said McKinstry by said Neill at all, but were sold by Robert W. Peay to said McKinstry, Quartermaster as aforesaid, for one hundred and ten dollars each, and not for one hundred and nineteen dollars each. As stated in the voucher; he, said Major Justus McKinstry, thereby intending to secure to said Neill, or other in collusion with him, large gains by means of said false voucher, to the waste and squandering of the public funds and the disgrace of the service.” [Guilty]
Specification 23d–“In this; that he, Major Justus McKinstry, Quartermaster aforesaid, when, about the first day of September, 1861, one Robert W. Peay, of St. Louis, was able and willing to furnish to his department about eight hundred mules, during the residue of said month, for about the sum of one hundred and eight dollars each, in Missouri Bank paper, and offered to contract with him to furnish said mules of quality fit and property for the service, failed, neglected, and refused to entertain the proposition of said Peay, and told said Peay the Government did not want any more mules then; but afterwards, when said Peay had sold his mules to one Leonidas Haskell, from whom he, Major Justus McKinstry, Quartermaster aforesaid, as purchasing mules at one hundred and nineteen dollars each, and said Haskell had purchased said Peay’s mules for one hundred and eight dollars each in said Missouri Bank paper, he, said Major McKinstry, taking every one from said Haskell at one hundred and nineteen dollars each, to the number of about eight hundred. This on the first day of September, and on divers days between that and the seventh day of October, 1861, at St. Louis, Mo.; he, said Major McKinstry, intending thereby to secure large gains to said Haskell above the market value of said animals, to the wastage of the public funds.” [Not guilty]
Specification 24th–“In this; that he, Major Justus McKinstry, Quartermaster aforesaid, on the first day of July, eighteen hundred and sixty-one, and on divers days between that and the sixth day of October, in the same year, as Quartermaster aforesaid, did purchase, altogether, a large number of horses for the service–to wit: about fifteen hundred–at rates of about one hundred and fifty dollars for artillery, and one hundred and nineteen dollars for cavalry per head, which were unfit for the service, and almost worthless, from being too young or too old, blind, weak-eyed, damaged, worn-out, or diseased; he, said Major Justus McKinstry, acting in that behalf in gross carelessness and disregard of the interests of the service, to the misapplication and wasting of the public funds.” [Not guilty]
Specification 25th–“In this; that he, Major Justus McKinstry, Quartermaster aforesaid, did, on the first day of July, eighteen hundred and sixty-one, and on divers days between that day and the sixth October, in the same year, at St. Louis, Mo., did purchase for his department a large number of mules at one hundred and nineteen dollars each–viz: altogether about one thousand mules–which were unfit for the service, and almost worthless, from being too old or too young; blind, weak-eyed, damaged, worn-out, or diseased; he, said Major McKinstry, acting in that behalf in gross carelessness and disregard of the interest of the service, to the waste and squandering of the public funds.” [Not guilty]
Specification 26th–“In this, that he, Major Justus McKinstry, Quartermaster aforesaid, having, on or about the tenth day of August, 1861, authorized one Charles M. Elleard, without any previous advertisement for proposals, to furnish to his department a large number of artillery and cavalry horses, at the price of one hundred and fifty dollars for artillery horses, and one hundred and nineteen for cavalry horses, said prices being exorbitant and above the market values, and said contract being worth about the sum of forty thousand dollars to said Elleard, he, said Major Justus McKinstry, in consideration of granting such a favor to said Elleard, undertook to appropriate a portion of said profits; that is, he, said Major McKinstry, required said Elleard to allow one S.P. Brady, of Detroit, Michigan, to share with him equally said profits; and though said Elleard did not want said Brady as a partner, and said Brady was of no use to said Elleard, yet, in consideration of securing the favor of said Major McKinstry, as Quartermaster and contracting agent of the Government, and for no other consideration, he, said Elleard, consented, at McKinstry’s demand, to allow said Brady to receive twenty thousand dollars, or thereabouts, of said profits; he, said McKinstry, thereby prostituting his office to secure for said Brady, and others in collusion with him, said amount of money, to the disgrace of the service.” [Not guilty]
September 27th–“In this; that one Alfred B. Ogden, being architect for Benton Barracks, with authority from Major Justus McKinstry, to let out the roofing of said barracks, and said Ogden having stipulated for and received from one Henry Clapp, of St. Louis, a written order, substantially as follows: ‘Major McKINSTRY: Please pay to the bearer, P.L Bierce, the sum of $700, against contract for materials furnished August 14, 1861. (Signed) HENRY CLAPP,’ as a bribe to him, said Ogden, for accepting the bid of said Clapp, and securing to him, said Clapp, the job of roofing, and said Ogden notwithstanding his receiving said order as a consideration for giving the job to Clapp, having failed to do so, and said Clapp having spoken of the said facts, which came to the knowledge of Major Justus McKinstry, Quartermaster aforesaid, he, said McKinstry, on the twenty-third day of August, eighteen hundred and sixty-one, at St. Louis, Missouri, cause said Clapp to come before him as Provost Marshal of St. Louis, and the said McKinstry did then and there, by cursing and abusing said Clapp, by denouncing him as a ‘liar’ and a ‘disunionist,’ by threatening ‘to imprison’ him, said Clapp, and ‘feed him on bread and water,’ and by ordering a file of soldiers, whom he paraded before said Clapp, to seize and take him away, greatly terrify and frighten said Clapp, and by means thereof did force and compel him to sign and swear to the following statement:
ST. LOUIS, August 23, 1861
‘Having charged Mr. Ogden, the architect of the government, with fraud in the management of the business intrusted to him by the Quartermaster, I hereby revoke said charge and relieve him from the same. I hereby swear and declare that I am a good loyal citizen of the United States, and will do all that is in my power to uphold and protect the same; that I will not, directly or indirectly, give aid or information to the enemy in any manner or form.
(Signed) HENRY CLAPP
Sworn and subscribed to in presence of S.B. Brady and S.B. Lowe.’
All that portion of said statement relating to revoking the charge of fraud and relieving said Ogden therefrom being false entirely, and being extorted from said Clapp against his free will and consent, by the means aforesaid, employed by said Major J. McKinstry, to the great oppression of Henry Clapp and to the deep disgrace of the service.” [Not guilty]
Specification 28th–“In this; that he, Major Justus McKinstry, Quartermaster, when one Alexander Largue, of the city of St. Louis, on or about September 10, 1861, offered to sell to him a lot of covered canteens, 4,000 in number, fit and proper for the service, for 36˝ cents each, and offered to contract to deliver to him a very large quantity of such canteens for the same price, to be delivered to suit the convenience of said Quartermaster McKinstry, failed and refused to purchase the same or contract with said Largue in that behalf, but referred him to one S.P. Brady, of Detroit, Michigan, who then and there purchased the same 4,000 canteens from Largue 36˝ cents each, and afterwards sold them to the Quartermaster’s department at St. Louis, Mo., through Captain W.G. Rankin, a junior quartermaster, for 44 cents each, who issued to said Brady a voucher, which, so far as related to said canteens, is in the words and figures following, to wit:
TheUnited States
1861
To S.P. Brady
October 4. For 4,000 canteens, 44 cents.............................................................$1,760.00
I certify that the above account is correct and just, and that the articles have been accounted for on my property return for the quarter ending on the 31st December, 1861.
W.G. RANKIN
Captain, 13th Infantry’
That he, said McKinstry, did suffer and permit said Brady so to purchase and sell said canteens, to the gross neglect and disregard of the interest of the service, and with intent to secure to said Brady a specification on the same.” [Not guilty]
Specification 29th–“In this, that he, Major J. McKinstry, Quartermaster aforesaid, on or about the nineteenth day of August, 1861, having need to purchase for his department a large number of common tents, did not and would not suffer one Henry Martin, of the city of St. Louis, to sell them to him at the market value; but when said Martin wrote him a note, offering to furnish him a large number, referred said Martin to one Joseph S. Pease, who charged said Martin a commission of five percent on the value of all the tents he, said Martin, sold to him, Pease; and when said Pease had in this way purchased the tents from Martin, he, Major McKinstry, Quartermaster aforesaid, purchased the same tents from Pease at a price which enable said Pease to make said commission clear; he, said Major McKinstry, thereby prostituting his office, with intent to secure to said Pease said commission from said Martin, to the oppression of said Martin and to the disgrace of the service.” [Guilty]
Specification 30th–““In this; that on or about the first day of August, 1861, he, said Major Justus McKinstry, Quartermaster aforesaid, gave to one Joseph S. Pease the control of the business of purchasing tents for his department in the city of St. Louis, in so far as to enable said Pease to compel tentmakers to pay him, Pease, a commission in order to sell their tents; and when one Horace Hallon had paid to said Pease a commission of five percent, on a large number of tenets which he sold to Pease, he, said Major J. McKinstry, purchased the same tents from said Pease at a price which enabled said Pease to make said commission clear; he, said Major Justus McKinstry, thereby prostituting his office, with intent to compel said Holton to pay such commission to said Pease, to the great oppression of said Holton and to the disgrace of the service.” [Guilty]
Specification 31st–“In this; that he, Major Justus McKinstry, Quartermaster aforesaid, on or about the first day of August, 1861, gave to one Joseph S. Pease control of the business of purchasing tents for his department in the city of St. Louis, in so far as to enable said Pease a commission in order to sell their tents; and when John G. Dodge, of said city, had so paid to said Pease a commission of two and a half percent o a large number of tents he sold him, he, said Major McKinstry, Quartermaster aforesaid, purchased the same tents at a price which left said Pease to retain said commission, thereby prostituting his office, with intent to secure said commission to Pease, to the oppression of the said Dodge.” [Not guilty]
Specification 32d–“In this; that Major Justus McKinstry, Quartermaster aforesaid, on or about the first day of August, 1861, gave to one Joseph S. Pease control of the business of purchasing tents for his department in the city of St. Louis, in so far as to enable said Pease to compel tentmakers to pay him, Pease, a commission in order to sell their tents; and when James Sanders, of said city, had so paid to said Pease a commission of five percent on a large number of tents he sold him, he, said Major McKinstry, Quartermaster aforesaid, purchased the same tents from Pease at a price which left said Pease to retain said commission, thereby prostituting his office, with intent to secure said commission to Pease, to the oppression of said Saunders.” [Not guilty]
Specification 33rd–“In this; that he, Major Justus McKinstry, Quartermaster aforesaid, on or about the first day of August, 1861, gave to one Joseph S. Pease control of the business of purchasing tents for his department in the city of St. Louis, in so far as to enable said Pease to compel tentmakers to pay him, Pease, a commission in order to sell their tents; and when Malcolm McQuaig, of said city, had so paid to said Pease a commission of ___percent on a large number of tents he sold him, he, said Major McKinstry, Quartermaster aforesaid, purchase the same tents from Pease at a price which left said Pease to retain said commission, thereby prostituting his office, with intent to secure said commission to Pease, to the oppression of said McQuaig.” [Not guilty]
Specification 34th–“In this; that he, Major Justus McKinstry, Quartermaster as aforesaid, having need, on or about the first day of August, 1861, to purchase tents for his department, did not and would not purchase the same in the market not for the market value, but authorized one Joseph S. Pease, a relative by marriage, to furnish the same for him; and when one Clements & Co., tentmakers, of the city of St. Louis, had sold to said Pease a lot of one hundred tents for twenty-two dollars each, he, Major McKinstry, purchased from said Pease the same tents for thirty dollars each; he, said McKinstry, thereby then and there intending to secure to said Pease, and others in collusion with him, large gains to the waste and squandering of the public funds.” [Not guilty]
Specification 35th–“In this; that he, Major J. McKinstry, on or about the 1st day of August, 1861, having need to purchase for his department a large number of tents, did not and would not purchase the same in the market nor for the market value, but authorized one Joseph S. Pease to furnish the same to him; and when said Pease in this way had purchased from John G. Dodge a number of tents are the same price for which said Dodge would have sold them to said Major McKinstry, Quartermaster as aforesaid, he, said McKinstry, purchased the same tents from said Pease at a large advance on the price which said Pease had paid to Dodge. This on the 1st day of August, 1861, and on divers days between that day and the sixth day of October, 1861, at St. Louis, Mo.” [Not guilty]
Specification 36th–“In this; that Major J. McKinstry, Quartermaster, on or about the 1st day of August, 1861, having need to purchase tents for his department, did not and would not purchase the same in the market nor for the market value, but authorized one Joseph S. Pease to furnish him the same; and when said Pease had purchased of one John G. Dodge, a tentmaker of the city of St. Louis, a lot of tents for fifty-five dollars each, he, said McKinstry, then and there purchased the same tents of said Pease at the at the price of sixty-five dollars each; he said Major McKinstry, thereby intending to secure to said Pease, and others in collusion with him, large gains over the market value of the articles purchased. This on the day last mentioned , and divers other days between that day and the 6th of October, 1861, at St. Louis, Mo.” [Guilty]
Specification 37th–“In this; that he, Major J. McKinstry, Quartermaster aforesaid, on or about the 26th day of July, 1861, having need to purchase a large number of tents for his department of all descriptions, did not and would not purchase the same in the market nor for the market value, but authorized one Joseph S. Pease to purchase up the tents in the Saint Louis market, and to contract to purchase these articles from the tentmakers of the city, at the best terms he could procure; and when he, said Pease, had so procured the tents, he, Major McKinstry, purchased the same tents from Pease at a large advance on the prices which Pease had paid, and at which he, McKinstry, might have procured them himself directly from the tentmakers, thereby intending to secure large gains to said Pease, and others in collusion with him, to the misapplication and squandering of public funds. This at Saint Louis, on the day last mentioned, and on divers days between that day and the 6th of October, 1861.” [Guilty]
Specification 38th–“In this; that he, Major Justus McKinstry, on or about the 9th day of August, 1861, and on divers days between that day and the sixth of October, 1861, having need to purchase mess pans for his department, did not and would not purchase the same in the market nor for the market price; but, without any advertisement for proposals, authorized Messrs. Child, Pratt & Fox, hardware merchants, of Saint Louis, Mo., to furnish him, as Quartermaster, with said articles; and said Child, Pratt & Fox, between the days aforesaid, at divers times, purchased of one Giles F. Filley, of the city of St. Louis, about six thousand mess pans at about 29˝ cents each, and when said Child, Pratt & Fox had so purchased said articles, he, said Major Justus McKinstry, purchased from said Child, Pratt & Fox the same mess pans for 35 cents each, which was an exorbitant price; thereby then and there intending to secure large gains above the market value of said articles to said Child, Pratt & Fox, and others in collusion with the, to the waste of the public funds, and gross neglect and disregard of the interests of the service.” [Guilty]
Specification 39th–“In this; that he, Major Justus McKinstry, Quartermaster as aforesaid, on or about the 9th day of August, 1861, and on divers days between that day and the sixth day of October, 1861, having need to purchase camp kettles fro his department, did not and would not purchase the same in the market nor for the market value; but, without any advertisement for proposals, authorized Messrs. Child, Pratt & Fox to furnish him, as Quartermaster, with said articles; and said Child, Pratt & Fox, on the days and at divers times between the days last mentioned, purchased of Giles F. Filley, of St. Louis, about five thousand camp kettles at about 42˝ cents each, and when, and as fast as said Child, Pratt & Fox had so purchased the said articles, he, said Major Justus McKinstry purchased from said Child, Pratt & Fox the same camp kettles for sixty-five cents each, which was an exorbitant price; thereby them and there intending to secure large gains to said Child, Pratt & Fox, and others in collusion with the, to the gross neglect and disregard of the interest of the service, and to the waste of the public funds.” [Guilty]
Specification 40th–“In this, that he, Major McKinstry, Quartermaster aforesaid, on the _____ day of September, 1861, and on divers days between that day and the sixth day of October, 1861, having need to purchase tin plates for his department, did not and would not purchase the same in the market nor for the market price, but authorized said Child, Pratt & Fox, without any advertisement for proposals, to furnish the same to him as Quartermaster; and said Child, Pratt & Fox, on the days aforesaid, and on divers days between those days, purchased of Oliver D. Filley, of the city of St. Louis, about fifteen hundred tin plates at about 4˝ cents each, and when said Child, Pratt & Fox had so purchased said tin plates, and as fast as they purchased them, he, said McKinstry, Quartermaster aforesaid, purchased from said C., P. & F. the same tin plates at seven cents each, which was an exorbitant price; thereby then and there intending to secure large gains to said Child, Pratt & Fox, and others in collusion with them, to the gross neglect and disregarding the interests of the service, and to the waste of public funds.” [Guilty]
Specification 41st–“In this; that he, Major Justus McKinstry, Quartermaster aforesaid, on the 1st day of August, 1861, and on divers days between that day and the 6th day of October, 1861, having need to purchase picket pins for his department, did not and would not purchase them in the market nor for the market value; but, without any advertisements for proposals, authorized Child, Pratt & Fox to furnish the same to him as Quartermaster aforesaid; and said Child, Pratt & Fox, on the days aforesaid, and between these days, at divers times, purchases in the city of St. Louis, of one Peter J. Pauley, about two thousand picket pins at 45 cents each for a portion, and 35 cents each for the residue, and when they had so purchased said picket pins, and as fast as they purchased them, he, Major J. McKinstry, Quartermaster aforesaid, purchased the same picket pins from said Child, Pratt & Fox at the price of 65 cents each, which was an exorbitant price; he, the said McKinstry, thereby intending to secure to Child, Pratt & Fox large gains above the market value of these articles, to the gross neglect and disregard of the interests of the service, and to the waste of the public funds.” [Guilty]
Specification 42d–“In this; that he, Major Justus McKinstry, Quartermaster as aforesaid, having had from one Thomas Hood, on or about the 9th day of April, 1861, a written proposal to furnish to his department picket pins of a quality fit and proper for the service, at the price of 25 cents each, and knowing that he could purchase in the market, in the city of St. Louis, as many picket pins of the like quality, from the said Thomas Hood, as was needed for his department, at about 25 cents each, did not and would not purchase the same; but, without accepting said Thomas Hood’s bid, and without seeking to procure picket pins at their market value, purchased from Child, Pratt & Fox about two thousand of these articles at 65 cents each, intending to secure large gains to said Child, Pratt & Fox, and others in collusion with them, to the waste and squandering of the public means, and to the gross neglect and disregard of the public interest.” [Not guilty]
Specification 43d–“In this; that he, Major McKinstry, on or about the 27th September, 1861, at St. Louis, having need to purchase overcoats for his department, did not and could not purchase the same in the market nor for the market price; but, without any advertisement for proposals, authorized Child, Pratt & Fox to furnish the same to him; and when they had purchased then and there from Martin & Bros., at St. Louis, 802 overcoats for the price of seven dollars and fifty cents each ($7.50) he, said McKinstry, then and there purchase the same 802 overcoats from Child, Pratt & Fox for $10.50 each, and afterwards issued to them a voucher for the same, which, so far as relates to said overcoats, is in the words and figures following, to wit:
No. 12
The United States,
To Child, Pratt &Fox,
Dr.
Date of purchase
1861 Dolls., Cts.
September 26. 802 overcoats, at $10.50..........................................................$8,421.00
I certify that the above is correct and just, and that the articles have been accounted for on my property return for the quarter ending on the 30th September, 1861.
(Signed) J. McKINSTRY
Brig. Gen’l, Ass’t Quartermaster
He, said McKinstry, thereby then and there intending to secure to Child, Pratt & Fox, and others in collusion with them, large gains, to the waste of the public funds.” [Guilty]
Specification 44th–“In this; that he, Major J. McKinstry, Quartermaster aforesaid, having need, about the 17th September, 1861, at St. Louis, to purchase blouses for his department, did not and would not purchase the same in the market nor for the market value, but then and there authorized Child, Pratt & Fox to furnish the same; and when said Child, Pratt & Fox had purchased them then and there, of Martin & Brothers, clothiers in St. Louis, 802 blue blouses, on September 17, 1861, for $2.25 each, he, said McKinstry, purchased from said Child, Pratt $ Fox the same 802 blue blouses for $3 each; afterwards, on the 26th September, 1861, issued to said Child, Pratt & Fox a voucher therefore, which, so far as relates to the 802 blouses, is in the words and figures following, to wit:
No. 12
The United States,
To Child, Pratt & Fox,
Dr.
Date of purchase
1861 Dolls., Cts.
September 26. 802 blue blouses, at $3.............................................................$2,406.00
I certify that the above is correct and just, and that the articles have been accounted for on my property return for the quarter ending on the 30th September, 1861.
(Signed) J. McKINSTRY
Brig. Gen’l, Ass’t Quartermaster
He, said McKinstry, thereby then and there intending to secure to Child, Pratt & Fox, and others in collusion with them, large gains above market value of said articles, to the squandering of the public funds.” [Guilty]
Specification 45th–“In this; that he, Major Justus McKinstry, about the 19th September, 1861 at St. Louis, having need to purchase blouses for his department, did not and would not purchase the same in the market nor for the market price; but, without any advertisement for proposals, then and there authorized Child, Pratt & Fox, a hardware house, to furnish the said articles to him,; and when, on the 19th September, 1861, at St. Louis, said Child, Pratt & Fox had purchased of Martin & Brothers, clothiers of said city, 3,000 blue blouses for two dollars each, he, said McKinstry, then and there purchased from said Child, Pratt & Fox the same 3,000 blue blouses for the price of thee dollars each, and issued to said Child, Pratt & Fox therefore a voucher of which, so far as the same relates to said blouses, the following is a copy:
No. 12
The United States,
To Child, Pratt & Fox,
Dr.
Date of purchase
1861 Dolls., Cts.
September 26. 3,000 blue blouses, at $3..........................................................$9,000.00
I certify that the above is correct and just, and that the articles have been accounted for on my property return for the quarter ending on the 30th September, 1861.
(Signed)
J. McKINSTRY
Major and Assistant Quartermaster
He, said McKinstry, then and there intending to secure thereby large gains to Child, Pratt & Fox, and others in collusion with them, to the waste of the public funds.” [Guilty]
Specification 46th–“In this; that he, Major Justus McKinstry, Quartermaster aforesaid, on or about the 21st September, 1861, at Saint Louis, having need to purchase soldiers’ pants for his department, did not and would not purchase the same in the market nor for the market value; but, without any advertisement for proposals, authorized Child, Pratt & Fox, hardware dealers, to furnish the same to him; and when said Child, Pratt & Fax had purchased them then and there, of Messrs. Martin & Bro., nine hundred and four pairs of soldiers’ infantry pants, for the price of two dollars and fifty cents per pair, he, said Major Justus McKinstry, Quartermaster, purchased from said Child, Pratt & Fox the same 904 pair of pants at the price of three dollars and seventy-five cents per pair, and afterwards issues to said Child, Pratt & Fox a voucher therefore, which, so far as relates to said 904 pants, is in the words and figures following, to wit:
No. 12
The United States,
To Child, Pratt & Fox,
Dr.
Date of purchase
1861 Dolls., Cts.
September 26. 904 pair pants, at $3.75...........................................................$3, 390.00
I certify that the above is correct and just, and that the articles have been accounted for on my property return for the quarter ending on the 30th September, 1861.
(Signed) J. McKINSTRY
Brig. Gen’l. and Quartermaster
He, said Major McKinstry, thereby then and there intending to secure to said Child, Pratt & Fox, and others in collusion with them, large gains, to the wasting of the public funds, over the market value of said articles.” [Guilty]
Specification 47th–“In this, that he, Major Justus McKinstry, Quartermaster aforesaid, on or about the 21st September, 1861, having need to purchase for his department infantry jackets, did not and would not purchase the same in the market nor for the market price; but, without any advertisement for proposals, authorized Messrs. Child, Pratt & Fox, dealers in hardware, to furnish the same to him; and when said Child, Pratt & Fox had purchased then and there, from Messrs. Martin & Bros., clothiers, of Saint Louis, nine hundred and four jackets, at the price of $3.75 each, he, said Major Justus McKinstry, purchased from said Child, Pratt & Fox the same 904 infantry jackets for the price of $5.75 each; and afterwards, on the 26th September, 1861, issued to said Child, Pratt & Fox a voucher therefore, which, so far as relates to said 904 infantry jackets is in the words and figures following, to wit:
No. 12
The United States,
To Child, Pratt & Fox,
Dr.
Date of purchase
1861 Dolls., Cts.
September 26. 904 infantry jackets, at $5.75...................................................$5,198.00
I certify that the above is correct and just, and that the articles have been accounted for on my property return for the quarter ending on the 30th September, 1861.
(Signed) J. McKINSTRY
Brig. Gen’l. and Quartermaster
He, said Major McKinstry, thereby then and there intending to secure to said Child, Pratt & Fox, and others in collusion with them, large gains above the market value of the articles, to the waste of the public funds.” [Guilty]
Specification 48th–“In this; that he, Major McKinstry, Quartermaster aforesaid, having need, about the 1st of September, 1861, to purchase for his department cavalry equipments, did not and would not purchase the same in the market nor for the market value; but, without any advertisements for proposals, authorized Child, Pratt & Fox, hardware dealers, of St. Louis, to furnish them to him; and when said Child, Pratt & Fox had purchased in this market 293 sets of cavalry equipments for about the price of $29.50 each, he, said McKinstry, did purchase the same cavalry equipments from said Child, Pratt & Fox for $40 each, and afterwards issue vouchers therefore, which, so far as relates to said cavalry equipments, are in the words and figures following, to wit:
No. 12
The United States,
To Child, Pratt & Fox,
Dr.
Date of purchase
1861 Dolls., Cts.
September 5. 100 sets of cavalry equipments, complete, $40.........................$4,000.00
I certify that the above is correct and just, and that the articles have been accounted for on my property return for the quarter ending on the 30th September, 1861.
(Signed) J. McKINSTRY
Brig. Gen’l. and Quartermaster
No. 12
The United States,
To Child, Pratt & Fox, Dr.
Date of purchase
1861 Dolls., Cts.
September 5. 193 sets cavalry equipments, at $40.........................................$7,720.00
I certify that the above is correct and just, and that the articles have been accounted for on my property return for the quarter ending on the 30th September, 1861.
(Signed) J. McKINSTRY
Brig. Gen’l. and Quartermaster
He, said Major McKinstry, thereby intending to secure to Child, Pratt & Fox large gains above the market value of the said articles, to the wasting of the public funds.” [Not guilty]
Specification 49th–“In this; that he, Major Justus McKinstry, Quartermaster aforesaid, on or about 25th August, 1861, at St. Louis, having need to purchase for his department covered canteens, did not and would not purchase them in the market nor for the market value; but, without any advertisement for proposals, authorized one Child, Pratt & Fox, hardware dealers to furnish them; and said Child, Pratt & Fox, between the 28th August and the 6th of October, 1861, purchased in the market about fifteen thousand canteens, at the price of about 36˝ cents each; and as fast as said Child, Pratt & Fox purchased said covered canteens, he, said McKinstry, as Quartermaster, purchased the same canteens from said Child, Pratt & Fox at the price of 60 cents each; he, said McKinstry, thereby intending to secure to said Child, Pratt & Fox large gains above the market value of said articles, to the waste and squandering of the public funds.” [Guilty]
Specification 50th–“In this; that he, Major Justus McKinstry, Quartermaster aforesaid, issued at St. Louis, Mo., a voucher in the words and figures following, to wit:
The United States,
To Alexander Kelsey Dr.
Date of purchase
1861 Dolls., Cts.
July 30 28,000 pounds hay, at 70 cents per hundred.........................................$196.00
51410/35, 18,000 pounds oats, at 25 cents............................................$128.55
1078/56 , 6,000 pounds corn, at 25 cents, for Lieutenant Shreed’s
Volunteers, Cape Girardeau..................................................................$126.80
July 29 3,000 bushels (105,000 pounds) oats, at 25 cents, for Major Spicer’s
brigade Missouri Volunteers, Mexico Mission..................................$750.00
Aug. 4 5,000 bushels, 150,000 pounds, oats, at 25 cents, for Major Hatch
Quartermaster, Cairo...........................................................................$1,300.00
$2,401.35
=======
I certify that the above is correct and just, and that the articles have been accounted for on my property return for the quarter ending on the 30th September, 1861.
(Signed) J. McKINSTRY
Assistant Quartermaster
Which voucher so issued was and is false; in this, that said Kelsy did not sell the United States the quantity names, nor any hay, on or about the 30th July, 1861, or any other time; did not sell the United States the quantity named, or any oats, on or about the 29th or 30th July or 4th August, 1861, or any other time; did not sell the United States the quantity of corn names, or any quantity of corn at the time named, or any time, and said voucher was and is false in every particular; he, said McKinstry, thereby intending to prostitute his office to secure on Joseph S. Pease, to whom he delivered said voucher, some benefit contrary to the rules and regulations of the army.” [Not guilty]
Specification 51st–“In this; that he, Major Justus McKinstry, Quartermaster aforesaid, having need to purchase frying pans for his department, did not and would not purchase the same in the market nor for the market value; but, about the 1st September, 1861, authorized Child, Pratt & Fox to furnish the same to him; and when said Child, Pratt & Fox had purchased a large quantity, about five hundred frying pans, from John Grey and Company, Pittsburgh, Pa., for about seventeen cents each, he, said McKinstry, purchased the same frying pans from said Child, Pratt & Fox, at 50 cents each. This at St. Louis, on the 1st, 5th, 6th, 12th, 26th, and 30th days of September, 1861; thereby then and there intending to secure to said Child, Pratt & Fox large gains above the market value of said articles, to the waste and squandering of the public funds.” [Not guilty]
Specification 52d–“In this; that he, Major McKinstry, Quartermaster aforesaid, having need, about the 15th August, 1861, to purchase axes with handles to his department, he, said McKinstry, did and would not purchase the same in the market nor for the market value; but authorized Child, Pratt & Fox, without any advertisement for proposals, to furnish the same; and so, between the day last mentioned and the 6th October, 1861, said McKinstry purchased from said Child, Pratt & Fox about 1,2000 axes with handles, at one dollar fifty cents each, the market value whereof was about one dollar and fifteen cents each, to the great waste of the public funds, and the gross disregard of the public interests.” [Not guilty]
Specification 53rd–“In this; that he, Major McKinstry, having need, about the 20th August, 1861, to purchase hatchets and handles for his department, did not and would not purchase them in the market nor for the market value; but, without any advertisement for proposals, authorized Child, Pratt & Fox to furnish the same to him; and in this way, on said 20th August, and on divers days between that day and October 6, 1861, purchased about one thousand hatchets and handles, from said Child, Pratt & Fox, for seventy-five cents each, the market value whereof was about 47 cents each, to the great disregard of the public interests and the waste of the public funds. [Not guilty]
Specification 54th–“In this; that he, Major Justus McKinstry, Quartermaster aforesaid, on or about the 4th September, 1861, at Saint Louis, having need to purchase shoes for his department, did not and would not purchase the same in the market nor for the market value, but then and there authorized one Child, Pratt & Fox, a hardware house, to furnish the same to him; and when said Child, Pratt & Fox, about the 4th September, 1861, had purchased of Maury, Drake & Co., shoe dealers, 413 pair of shoes for one dollar thirty cents each, he, said McKinstry, then and there purchased of Child, Pratt & Fox, the same 413 pair of shoes for one dollar seventy-five cents each, and issued to said Child, Pratt & Fox a voucher therefore, which, so far as relates to said 413 pair of shoes, is in the words and figures following, to wit:
No. 12
The United States,
To Child, Pratt & Fox, Dr.
Date of purchase
1861 Dolls., Cts.
September 5. 413 pair shoes, at $1.75...........................................................$722.75
I certify that the above account is correct and just, and that the articles have been accounted for on my property return for the quarter ending on the 30th September, 1861.
(Signed) J. McKINSTRY
Major, Ass’t. Quartermaster
He, said Major McKinstry, thereby then and there intending to secure to said Child, Pratt & Fox large gains above the market value of the said articles, to the waste of the public funds.” [Guilty]
Specification 55th–“In this, that he, Major McKinstry, Quartermaster aforesaid, having need, about the 20th August, 1861, to purchase shoes for his department, did not and would not purchase the same in the market nor for the market value; but, without any advertisement for proposals, authorized Child, Pratt & Fox to furnish the same to him; and when, on the day aforesaid, and between that day and the 1st October, 1861, said Child, Pratt & Fox had purchased, in the city of St. Louis, from Maury, Drake & Co., James F. Comstock & Co., Fiske, Knight & Co., North, Scott & Co., Claflin, Allen & Co., and John R. Leonberger, shoe dealers, about ten thousand pair of shoes, for about one dollar and thirty cents on the average each, he, said McKinstry, then and there purchased the same shoes, as Quartermaster, from Child, Pratt & Fox, at about the price of one dollar seventy-five cents each; he, said McKinstry, thereby then and there intending to secure thereby, to Child, Pratt & Fox, large gains above the market value of said articles, to the wasting of the public funds, and gross disregard of the interests of the service.” [Guilty]
Specification 56th–“In this, that he, Major Justus McKinstry, Quartermaster aforesaid, on or about the 20th July, 1861, at Saint Louis, purchased of Child, Pratt & Fox, hardware dealers a large quantity of worthless shoes, for about one dollar seventy-five cents each. Being the same lot afterwards issued to Colonel Peter E. Blond’s regiment, while stationed at Ironton, Missouri; he, said McKinstry, acting in that behalf in gross neglect and disregard of the interests of the service.” [Not guilty]
Specification 57
