Page:Federal Reporter, 1st Series, Volume 8.djvu/91

 UNITED STATBS «. HtJMASON. 77 �Logan receipted to the superintendent for as above atated.'and this I think ia very probable. The discrepancy in dates and amounts between the receipts and ehecks probably arises from the faot that the receipts were net taken until some time after the ohecks were given, and it may be not until after Logan's death, when blanks were fill'ed up for the gross amount, with conjectural dates and sums in each, as a voucher for the use of the superintendent. �By the treasury statement, Logan is charged under his second bond with this $3,000, in addition to the amount whieh it appears from his accounts that he received under said bond; and also the sum of $217.38, differences between his account current of dis- bursements between July 1, 1862, and March 31, 1865, amounting to near $50,000, and the audit of the treasury, arising principally from trifling errors'in calculation and the non-payment or deduction of the small sums due the income tax from the salary or subsistence of the employes on the reservation dufing that period, together with $178.11 for the property purchased in the first quarter of 1865, and not taken up on his property returns, on account probably of his absence and sudden death. �From this amount is deduoted the salary due the agent from April 1 to July 28, 1865, the assumed date of his death — $489.18; and the $978.74 aforesaid, in the agent's hands on June 30, 1861, under his first bond, and carried in his account on July 1, 1861, to the credit of the United States, under his second bond ; and $29.98 which I have not discovered the origin of, — the total of the debits being $3,395.49, and the credits $1,497.84, leaving the balance as above stated of $1,897.65. �One of the defonces to this action is in effect that Logan was car- rying $5,000 of the funds unaeeounted for to Oregon, as the agent of the plaintiff, when he was drowned, which was lost without his fault or negligence. But by the schedule of ehecks drawn by Superintend- ent Huntington on the assistant treasurer in San Francisco between May 1 and July 31, 1865, it does not appear that within this period any other ehecks in f avor of Logan were paid than the two above men- tioned for $3,000, except one for $10,000, drawn on June 10, and paid to Logan on June 20, 1865. This latter check appears to have been drawn for the use of the superintendent, and although the proceeds appear to have been received by Logan more than five weeks before he sailed for Oregon, it may be admitted that he had the amount in currency with him when he was drowned, and that if was then lost without his fault or that of the super- ��� �