menu_book Chapter 58

Section 58 of American State Trials Volume 1. The Narrative. Railroads had not been running very many years in the Western states or anywhere else in this country when this case arose. Wherefore, it would seem that it did not take long to find out that the position of a conductor of a train was one which gave large opportunities for enrichment. Caldwell had been a conductor for some time on the Chicago and Burlington

railroad when his superiors began to suspect that he was not turning in all the money collected on the train. Month after month when his return to compete with those of other conductors on the same run, it was found that his were usually less than the others when the superintendent offered him a ticket agency in a small city at a salary of $1,000 a year in place of a salary of $700 as conductor, and he declined. This rose suspicion and the result was that

the celebrated Pinkerton Detective Agency of Chicago, then in its beginning, was employed to investigate. This it did with great success. It sent several men over the road at different times of Caldwell's train. These men had marked money in bills which they paid to him as fares, and when Caldwell was finally arrested, some of this money was found on his person. Confronted by the Pinkertons with the evidence of his guilt, he did not deny the charge, and the

railroad seems to have been willing not to prosecute if he would make restitution to the best of his ability. Negotiations to this effect were in progress when a lawyer got hold of him and advised him to give up nothing but to fight. The result was that he was indicted by the grand jury and tried in the Recorder's Court in Chicago in November 1855 and convicted. The trial, footnote, bibliography, trial of Oscar T. Caldwell, laid a conductor on the

Chicago and Burlington Railroad for embezzlement before the Recorder's Court of the City of Chicago at the September term in 1855. Reported by J. Victor Smith. Reporter for Ohio and Indiana State Constitutional Conventions, Chicago. Daily Democratic Press, Steam Company, No. 45 Clark Street, 1855. End of footnote. Honorable Robert S. Wilson, Recorder.

Footnote. Robert S. Wilson, member of the Bar of Michigan, moved to Chicago 1850, member of firm of Wilson and Frink, was elected judge of the newly created Recorder's Court in March 1853. His eligibility to office was questioned, he not having resided in Chicago five years before his election. End quote, war rondo. Proceedings were commenced against him. After a long contest, the case was decided

by the Supreme Court in his favor. Died 1883. End of footnote. November 19th. The prisoner having been arrested September 15th and a true bill having been returned. He appeared today by his counsel, who moved to quash the indictments. The motion was overruled by the state not being ready on indictments 1 and 2, unknowingly prosecuee, was entered on them and the trial begun on the 3rd.

Daniel McElroy, Isaac N. Arnold and John T. Stewart, 4th the people. Footnote. Daniel McElroy, born in Tyrone County, Ireland, highly educated and Boston taught school for two or three years. Entered Harvard University and afterwards studied law with Judge Story. Went to Chicago in 1844. Elected state's attorney of Cook County several times. Died 1862. Isaac N. Arnold, born in Otsego County, New York. From 16 to 20 he taught school half

the year to maintain himself and attended school the other half. Entered law office of Richard Cooper and Judge Morehouse at Cooperstown and was admitted to bar in 21. Moved to Chicago 1836. Elected to General Assembly in 1842. 1844 and 1856. Presidential elected 1844. Elected to Congress 1860. Warm personal friend of President Lincoln. Wrote the history of Abraham Lincoln and the overthrow of slavery in the United States. And life

of Benedict Arnold 1880. Auditor of the Treasury for the Post Office Department. Died 1884. John T. Stewart, prominent lawyer of Springfield, Illinois, member of Congress. And a footnote. Robert S. Blackwell, E.W. Tracy and T. Lyle Dickey, for the prisoner. Footnote. Robert S. Blackwell, born in Illinois, son of David Blackwell, eminent lawyer of Belleville, Illinois. Studied law with O.H. Browning, Quincy and opened law office in Rushville.

Moved to Chicago and formed partnership with Corydon Beckwood, author of Blackwell on Tax Titles. And abstract of the decisions of the Supreme Court of Illinois. Died 1870. E.W. Tracy, highly educated of commanding appearance and websterian in his command of language and reasoning powers. In 1854 he entered into partnership with Charles S. Cameron and had offices at 44 Clark Street, Chicago. T. Lyle Dickey, 1811-1885.

Born in Bourbon County, Kentucky. Graduated from Miami College. Moved to Illinois, 1834. Admitted to Illinois Bar, 1835. Organized company for Mexican War. Captain First Regiment, Illinois Volunteers. Elected Circuit Judge, 1848. Served four years and resigned to reenter practice. Went to Chicago in 1854 and returned to Ottawa in 1859. Organized Calvary Company, in 1861. As Fort Illinois Calvary elected Colonel. Joined Grant at Cairo. Was with Grant

at Fort Henry, Fort Donaldson and Shiloh. Appointed Chief of Calvary. On Grant staffed 1862. Democratic candidate for Congress at large, 1866. Commissioner from Illinois to Washington to secure appropriation for Illinois and Michigan Canal, 1867. Assistant United States Attorney General, 1868. Corporation Council of Chicago, 1874. End of footnote. Several hours were consumed in getting a jury. A number being challenged

by the defense and finally the following been selected. The court adjourned until the next day. William A. Tryon, Foreman, I. Baudwell, Benjamin Marshall, J. P. Nott, J. Roberts, Edward McGuire, Casper Arnold, Peter Button, George W. French, Oliver Jagger, James Kettlestrain, William A. Baldwin. November 20th. Mr. Arnold to the jury. The indictment sets forth that on the 13th of September last, Oscar T. Caldwell was a conductor on the Chicago and Burlington

Railroad. He was a popular conductor. There were no circumstances known to the companies leading them to suspect the integrity of Mr. Caldwell. The statute provides that every person in the employ of any corporate body who shall steal or embezzle any of the monies of said body shall, on conviction thereof, be imprisoned in the state's prison for a term not less than one, no more than ten years. It is charged that the accused was a conductor

for the company named, that he received a very large amount of money belonging to the company, some portion of which he embezzled and converted to his own use. It is the duty of the conductor immediately after the trains leave the depot to go through the cars and ascertain who has paid fare at the office of the company and to collect the money for the fares of those who have not. He is to enter the amounts of money thus received

in a blank tally sheet provided for the purpose. On the return of a conductor, say from Chicago to Burlington, this tally sheet will, if honestly kept, exhibit the exact amounts of fares received during the trip. In the hurry, attending a large passenger train and trip, it would not be strange if the money handed over by the conductor should overgo the amount minuted on the tally. He might collect a minute every fare taken, but if honest, the money returned

would correct the tally, but it would be strange if the money fell short of the tally. During the month of May and June it was discovered that the money returns of Mr. Caldwell were uniformly behind that of other conductors alternately running the same trains. He was a popular conductor and there seemed no reason why his returns of money should be always less than that of other conductors running on the same route. The discrepancy for one

or two or three trips might not have been suspicious, but the average returns by Mr. Caldwell were seriously less than those of other conductors running alternate trains. The average of one conductor, for instance, was $97 of another $118, while Mr. Caldwell's were but a fraction over $76. In the month of August, persons were placed on the train's route for the exact amount of fares collected by Caldwell. Mr. Hammond, the superintendent,

wished to be absolutely certain of the guilt of the accused before exposure. This examination resulted in the discovery that Caldwell did not return all the money received by him for fares. In September last, a circular was issued requiring conductors, etc., to return to the general receiver of the company the identical money received of passengers. This was done in special view to Caldwell's case and to make assurance doubly sure. It was found that

out of 88 fares paid to him on a trip to Burlington, he reported but 80 and one-half fares. On the return trip, he, Caldwell, received 47 fares and reported 31 and a half fares. Of the marked money paid him by persons set to watch him, some was not returned to the railroad but was afterwards paid out in the city by Caldwell, and some of it was subsequently found on his person. On the 9th of September, four persons were set to watch Caldwell. They

paid their fares to Caldwell on the cars. He reported but two. Of 14 other fares known to have been paid him, he returned money for only 11 fares. In addition to this, the confidential agents of the company found that he received on the return trip seven fares and reported but four fares. There was a discrepancy between his reports and the monies actually received of 20 fares. On the way out, he pocketed $12 and on the return trip, $24. Among the monies

paid to Caldwell by the four persons set to watch his operations were three $20 gold pieces, two 10s and two 5s. Of the gold paid to him, Caldwell returned none to the company's office. At the time of his arrest, there was found only accused, a tally book which shows the manner in which he made up his accounts. His tally or memoranda was nearly correct, but you will see that he clearly and deliberately abstracted a portion and made up a false report.

His own tally list shows he received 58 fares and he reports an account for but 51 fares. His own account, in his Caldwell's own handwriting, shows that going west he received $83.95 and reported but $64.75, leaving for his stealings going west $19.20. On the return to Chicago on the same trip he received, according to his own report, in his own handwriting, $181.75, reports but $138.90, leaving for his stealings on the round trip the large sum of $62.05.

On two occasions the money returned by Caldwell overran the amounts minuted on his tally book as received. At one time the excess was 20 cents, at another 85 cents, but when it comes to the large sums he lets the discrepancy go the other way. By the most careful estimates made by officers of the company, as to the gross amount thus embezzled, it appears that Caldwell had stolen fully $2,500. Mr. Hammer did not desire to expose the young man. They

had been associated in business and if the company could be indemnified no further proceedings would be had. On the 15th of September Caldwell was invited to the office of Pinkerton and Rucker. There he was told of the discovery of the embezzlement. They told him he was uniformly behind the other conductors, that they, P and R, did not wish him to incriminate himself by an admission, but they wished him to make restitution to the company. The accused

seemed overwhelmed. He did not deny his guilt. He asked to see Colonel Hammond, who came and met him at the police office of Pinkerton and Rucker. Caldwell did not deny his guilt, but asked respectfully how much he was behind. Finally Colonel Hammond told him the sum was $2,500 and consented to accept his, Caldwell's, resignation or condition that he would surrender up his property and so make restitution to the company, whose confidence he had betrayed.

Caldwell reckoned up his property and found it amounted, here and in Buffalo, to some $1,700. Some dispute arose at one time during these interviews as to the amount of gold embezzled. He was subsequently searched and the important memoranda and the money found on his person. He was taken to jail on Saturday night. While in jail Mr. Rucker visited him and again urged the prisoner to make full restitution to the company. At one time Rucker

said, Now Mr. Caldwell, you don't pretend to deny that you are behind. No replied Caldwell, I pretend to nothing of the kind. He thought he could not be behind so much as $2,500, said his wife kept all his accounts and until it was further investigated he did not know how he did stand with the company. At one time Caldwell seemed utterly overcome. He said, I wish I had never come to Chicago. I am ruined. I have lived too fast. Finally

and before any settlement was made, which at one time was nearly consummated between Caldwell and the agents of the company, lawyers obtained access to the accused and in his behalf all further negotiations were declined and Mr. Caldwell would not make any transfer his property to the company. The state would be glad if the accused succeeded in producing clear evidence of his innocence, but I feel that the proofs of his guilt are as conclusive

as they are abundant. Witnesses for the people and defense. Colonel Hammond, I am superintendent of the Chicago and Burlington line of road, commencing at Chicago and running over the Galena road, the 30 miles and terminating at Galena. Accused was passenger conductor in September last for the Chicago and Burlington line. Corporate name of the road is Chicago, Burlington and Quincy railroad. From Junction to Mendota. From Mendota to Galesburg it is

the Central Military Tract railroad. Mr. Dickey, objected to oral proof of the employment of accused by the two companies named or to proving the employment of either a superintendent or conductor orally. Objection overruled and exception taken by counsel for defense. Mr. Hammond, the Central Military Tract railroad company and the Chicago, Burlington and Quincy railroad company run or operate the line from Chicago to Burlington. Accused was then the

employee of the companies up to the 19th of September. He made his reports and paid over his money to Charles E. Follett, the general ticket agent of the companies and at that time general receiver of monies. Cannot state the precise time up to which Caldwell paid over monies to Follett. Think Mr. Jergy became receiver sometime in August. He has acted as receiver since. The places named in the timetable now handed me. Are the stations

on the C&B line and the distances there input down are mainly correct. In the tally list the stations this side of the junction are not named as in the timetable because we do not collect fares between Chicago and Junction. The tally list is kept thus. When a wave passenger gets on the train the conductor collects his fare and marks down one opposite the name of the station to which he pays. The figures opposite the station to which the passenger

or passenger pay indicate the number of fares. The fare from Chicago to Burlington is $6. I have given all my time to the superintendents of the C&B line since May last. Tickets have always been sold at Chicago and Burlington and for some time passed at the prominent wave stations. It is customary as soon as the train starts and it is the duty of the conductor to observe the custom, to pass through the train, collect the tickets of such passengers

as have bought their tickets at the office, to collect the fares of those who have not paid and to enter these last in the tally sheet I have mentioned. Small printed checks are returned to passengers on receipt of their tickets or fares in token that they have paid their fares to the station named and for the convenience of the conductor. I know of no printed regulations on this particular head. It is the duty of the conductor to pass through

the train and collect fares and tickets after passing each station. We have seven conductors and two trains each way every weekday. The seven conductors run the four trains. If there were eight conductors they would each run the same days. There being seven, they follow each other round in a progress of time. Each conductor runs on every day of the week. On our general timetable the train arrives in Burlington just as the eastward train leaves

the city for this. A conductor leaving here Monday morning would leave Burlington on his return trip Tuesday evening and return here Wednesday morning. It is the custom to report to the receiver of the line at Chicago and to pay over money's receipt for the eastward and westward trains. To Mr. Tracy. These sheets are specimens of blank table sheets, etc., furnished to conductors. The conductor minutes upon this small tally sheet the number and amount

of fares received between Chicago and Burlington and Burlington to Chicago and draws this off upon another blank which he hands in with his report. If five persons get on the train here for Burlington without purchasing their tickets in the office and pay the conductor it is the conductor's duty to mark on the tally sheet against Burlington the figure five and in the proper place thirty dollars so that the money in a correctly kept tally sheet will check the number of fares and

the number will check the money due. The conductor is paid a monthly stipulated salary agreed on. He is paid on payroll or voucher. He is paid sixty dollars. He is not to take his pay out of the fares he collects. Charles E. Follett reside in Chicago since first of May last had been an employee of CNB Railroad was general ticket agent in September last was receiver up to August last. The receiver receives money from conductors and passes them over to the treasurer. Mr. Jergy succeeded me as receiver

for the last 10 years have been connected with railroads. The specimen tally sheet now handed me was caught up by myself. It contains the rates of fare between Chicago and Burlington. The blank now handed me is a conductor's report. The checklists are provided for convenience of conductors. It contains all the stations with rates of fare between each. There are blank spaces in which conductors are supposed to enter the number of all fares received. The conductor's report is made up

on the tally or checklists in cases where there is more money than the tally lists and report call for. My instructions have been that conductors should if the sum was enough set it down as a through fare from Chicago to Burlington. If less than six dollars it was to reach as far as it would go commencing at this end of our road or over our road to CMTRR. Our line is made up of three roads and it is our duty to protect the interests of each and as accurately as possible. I handed to

Mr. Caldwell a copy of this notice to return the identical money received on the trains. The conductors on our line run round as we phrase it so that in the course of time each conductor had the same days to run in. We are able to know the average of fares received by each conductor. First in first out was the roll. I have made a written statement showing the amounts and the average fares taken by each conductor between a certain day in May and another in September.

This includes the receipts of Mr. Caldwell. The amount of fares taken by each conductor is something of a matter of luck. Know of no reason why the receipts should vary but know that they do vary. The fact that the conductors on the C&B line run round would tend to cause the average receipts of each conductor to be materially the same. Mr. Arnold, is this paper, handing it, your statement of the average fares reported by the conductors on the C&B line? It is. The question

objected to by Council for Defense. Mr. Arnold contended for the right to show the quo annibale with which the accused was held a part of the monies received by him for fares. A large deficiency in his accounts would be proven and the prosecution decided to show that this deficiency was not accidental but designed in criminal. That it was not a deficiency for a single trip but a continually occurring deficiency to every trip for several months. Guilty intent would be

proved if the prosecution were allowed to give the evidence. Is Wharton in court? Mr. Blackwell, we don't use it. Wharton is a good prosecuting book only. Laughter. Roscoe is a good book for all sides. The Court. Mr. Sheriff, when the noise and infusion in this Court is so great that you are to presume we can't hear anything forthwith and force silence. Mr. Arnold quoted other authorities in support of his position that the defense in this case had a right to prove

other precuniary delinquencies of the defendant as conductor on the same line just previous to the crime charged in the indictment for the purposes showing the quo annibale. 21st of Pickering, page 515. Wharton, a criminal law, page 238. Second, Russell, page 777. The point in controversy is the mind with which this crime was, as we shall show, committed. We shall prove that the defendant made a series of frauds and peculations from the funds of his employees besides the particular ones

charged in the third indictment. Suppose we could show that Caldwell in the month of May or June last went to his confreras to his brother conductors and said, This company don't pay us wages enough. I'm going to keep back a part of the fares I receive. Would not this be competent testimony? If so, then certainly it must be competent to show that the accused did keep back and steal a portion of the fares taken by him. Archibald, page 549. The peculations of Caldwell, it proved,

are to be regarded as parts of one continuous transaction. The court. Suppose the law is, as you say Mr. Arnold, would it apply to this case? Would you be allowed to show by circumstantial evidence that the receipts of Caldwell fell below the receipts of other conductors on the same line? And infer from that that he stole the amount of the deficiency as charged in the indictment? Mr. Arnold replied to the court and briefly repeated his position. Mr. Blacklow, in an argument of some

length and great force, opposed the omission of the testimony offered. The court said that the decision of the points made by counsel would be reserved for the further examination and citation of authorities. The case might proceed on other points. Charles E. Valette. Every trip in the month is numbered. Unless something extraordinary occurs, the conductor always makes his report and pays over the monies received immediately on his arrival in this city. Two separate reports are

made. One for the Westwood and one for the Eastwood trip. The report now shown me is that made by O.T. Caldwell for the train run out of Chicago on the evening of the 9th of September last. The handwriting in the filling up is that of O.T. Caldwell. This other report is that of O.T. Caldwell for train run out of Burlington on the morning of the 11th of September. The writing and ink in the endorsement is by Mr. Caldwell. Cross-examined. Have been in connection with

railroads since 1845. Have occasionally conducted trains of railroad cars. Never regularly. Conductors frequently have a surplus of monies on hand that they cannot account for. This is the case often with young than with older conductors who know how to apply surplus money according to instructions. I have known conductors to be short of the amount called for by their accounts, but they are not so often short as they have a surplus. Conductors often make mistakes in

adding up their columns and also in the extension of fares. Where conductors have a surplus of money amounting to a through fare, six dollars, I have directed them to enter it in their reports for a full fare. Where it is less than six dollars, the conductor is directed to enter it as we see between such stations as will protect the interests of each corporation forming the line. The words, expressed divisible as follows on the back of the blank. The conductor's report was

with the convenience of conductors at the time these blanks were issued. It was then the custom for conductors to collect the charges for express goods, and this part of the blank was to show what proportion of the express money belonged to the several companies of the line. I keep separate accounts with the three companies forming the line because I was so directed by my superior officers. The three corporations are the B&Q, the CMT, and the CB&Q railroads. It was the spirit of my

instructions that the money earned on each rail should be carried to the credit of the company owning that rail. When conductors are first employed, they are entrusted by the railroad company with what is called a bank, some 30 or 40 dollars for the purpose of making change. When the conductor leaves the employee of the company or the companies, he refunds this bank. I should think there might be some difficulty in keeping the incidental money received for fares

from the bank. Mr. Caldwell's bank was some 30, perhaps 35 dollars. The object of the bank is for the convenience of conductors in making change, and usually in small coin. The latter part of the answer and question that drew it out was objected to by the defense. I had given Mr. Caldwell the same instructions with regard to surplus, etc., as to other conductors. Samuel Powell. Am employed in the General Ticket Office of the CB&Q Railroad. No, Mr. Caldwell was

in the office during the last of September. The handwriting in the conductor's reports now handed me is that of Mr. Caldwell. The pencil marks are in Caldwell's handwriting, except I have corrected them. The footings were erroneous and corrected them. The scaled brown paper package now handed me by Mr. Rucker, and I found as I was informed on the person of Mr. Caldwell at the time of his arrest, they were handed me. Contains the tickets kept them under lock and key until I sealed them

up and stamped them with my seal as they now appear. Carl F. W. Jergy. Have been in the office of the CNBQ Railroad since June last. Since August I have been receiver. My duty is to receive all monies from the stations and from the conductors. I have here the sum of $203, which I received from Conductor Caldwell on the 12th of September. There is no other receiver for the company but myself. Mr. Caldwell has never paid any money to me since this of the 12th of September.

Mr. Arnold offered in evidence the conductor's reports for trips of Run No. 49 West on the 9th of September and No. 50 Run East on the 11th of September, and the cash statement accompanied the payment of the money to the receiver on the 12th of September.