against whom, and do not know by whoso order it was brought. I do not know
who first proposed bringinj^ the suit. I have not as yet employed any lawyer or
attorney, i do not know that I have any interest in the suit at Ellsworth : do
not know anything about it. I never authorized any one to sue it, Mr. Hale, or
any one else, and 1 shall not carry it forward, and never authorized it to be
brought. I never talked with Mr. Mace, and don't know him; never saw him.
When I received my money, nothing said about the value of the land warrant. It
was spoken of, and I expected to receive a pension (if the law i)assed), by estab-
lishing my claim to a Land Warrant. 1 paid nothing, and oft'ered to pay nothing,
for my Land Warrant, or for services and expenses in procuring the same."
Deposition of Lgdia liichford. "I suppose there is a suit now pending in the
S, J. Court at Ellsworth, myself vs. B. II. Mace. The first I knew oJ' any suit, a
letter came from Hale & Emery. They wrote to me, and the letter was brought
by Mr. Curtis Stevens, that they would obtain more money for me, if I woidd send
them my name — all he wanted was my n:nnc on a piece of paper, and Mr. Curtis
Stevens wrote my name on a piece of paper, as I suppose. Hale & Emery first
proposed the suit. I have done nothing aliout the suit. Hale A- Emery carry it
on, and they know I cannot pay anything. They i)rocured the suit to be brought
through a Mr. Curtis Stevens."
Extract ffoin deposition of Daniel Deasiij, ill suit Noah Young vs. 7>. II. Mac( .
"I stated (to Hale & Emery) that these people are very poor, and unable to i)ro8e-
cute a law suit, and asked what was to be done. They wrote me, sending agree-
ments for parties to sign, and saying, under the circumstances, they would prose-
cute the claims, for five dollars each, and that would he all they would ask. Dan-
iel Young, Noah Young, Joel Young, Charles Stevens, and Mrs. L. Noonan, gave
me five dollars each to send to Hale »fc Emery, and I did so."
DeposiVwn of Thomas Simrling. "I suppose there is a suit pending in my name
against Mace; at any rate, my brother and myself put the matter into Curtis Ste-
10
vens' haiuls. btcvens said : "1 will i,'ct it ibr three dollars, and if 1 da not get it, 1
will not K^t anythinjx— I will cliar^H' notliin},',' and 1 a<,'reed with Stvcns that I was
to i)av nothing if I f,'ot nothing;. The snit is rarried on by Emery Ar Stevens, as 1
understand the matter, and at their oxjiense. 1 have no interest in this suit, that
will call for any money from me. and will not pay anything, and don't expect to
i^et anything."
It was necessary ll(|l laic ifc KiiuTV to inlonii these clieiitH oi" what
they liarl done, and ndvise them not to settle without their (Tlalc & Km- I
ery'.s) hills were ])aid. ilencc .i printed circular, signed by Hale & Km- ;
cry, was sent to these clients. Of tliis tlie following is a coj>y: .
ELi.swoiiTn, Marcli 24. ISTO. i
We liave lommenced a suit against r*Ir. IJenj. II. Mace, to recover from him the |
value of your Land Warrant, which he and Dr. llarriman unjustly got from you. ,
They will try to settle with you without giving you any chance to .see us, .-iud will
try to frighten or coax you into a settlement for ?, very small sviin. Don't be |
frightened by them, anil be sure you don't take any money. (?r in any way settle
without consulting us, they will keep clear of us, and will try to keep you from
us. Itemomber, we have incurred expense on your account, and have spent con-
siderable time in your case- You must not settle without they pay us our bill, so
you can have something over and above the expense. Please notify us the mo-
ment they call on you, and in every case tell them to call on us to settle. We can
get better terms from them than you can.
Yours truly, " Ualk & E.Mi;iiv. Attoriieys .at Law.
These deposiiions .show that these atturncy.s got, with which to start, as j
much as they could of the money that had been ]>aid over to these claim-
ants. J^h'c ilvUarn were to be all they would i-ecjuire of each for bring- j
ing and prosecuting the snit ; but some of these ohl people, .-is soon
.as thev discovered that Hale tfc Emerv wore gettino- them into the
meshes ot the law, sent to them, j)eremptorily withdrawing their cases.
Among these were l)a\ itl Allen, Samuel Tracy, and Enoch New iiiaii, <.f
Gouldsborf*'. This w.isbefore any writ had been made out, or even a !
letter written to me \\\ these cases. Tiiey at once ntade out bills against j
each of those old people Ibr whom they have so much sympathy, charg- j
inir tliem ten ffolloif each, for /mrhi;/ (fo/ie imt/iuif/ f D.avid Allen an<l ;
Enoch Newman ha\ e paid. [ do not know whether I lie othcis have or I
not, or whether Il.ale A- Emery have brought suits against tlu-m to re- '
rover it. This is a copy «»f Enoch Xcwinan's receiiit : '<
l.STo. ^Ii!. E.Nocn .\kwm.\.\ to Uai.k & Esiian, Attorueys. Dr.
I'«'b. II. For legal retainer and .servJco in case c. 11. II. Mace. Case settled
by vou. -" * 10.00
deceived payment, llAr.i: A Emkuv.
Uy Curtis .Stcvem.. j
h'ive d(»ll;irs weri* all tlie\ wen- to jia\i' of the [.laiiilifl" I'oi' bringing
and ciuiducting the suit; but if he back«;d out, and they were not |)eruiit-
ted to bring the suit, he must pay fr/i tfotlars Is not this :•. mixture j
of cil|»idity and malice":' ft is the malice of Hale, and the cupidity of !
Emery. ''7'ar nohilc Jratrinn." One i.i tlie rej)udiatcd ('oimty Attor-
ney, of Hancock Count}, .and the other will sooti be the repudiated i
Member of Congress, for the Fit\li nistrict. i
11
In thi: winter of 187.1, luur Justices of the Peace, fur I laiicock County,
visited these Plaintiffs, imt them under oath, ;iiid took their depositions
in their own cases. Each -Iiistice afterwards wrote a letter to the CJoni-
inissioner of Pensions.
I here imhlisli tlicsc IctKrs, witli oiiv from mv coun^fl, Anio VV'iswell,
Ks(i.: •
f. K ^r T K il S .
Ba_nooi:, Juno 1;:, 1871.
(Jen. J. H. Bakkk, Coiumissioner of I'ensions, Wa.shinii,ton. D. 0.
lu this State, those who bring actions at law, :iro allowed to testify in their own
cases. The defendant, therefore, has a lesial ri^jhtto take the pliintiff's deposition
Ijefore a magistrate. 1 have acted as Justice of the I'eace in taking the deposi-
lions of many of those who have brought suits against B. II. Maco, Esq., in
bounty land matters, and I have read carefully many of the depositions taken be-
fore other magistrates, in similar cases, and 1 do not hesitate to say that in no
single instance does one of these plaintiffs implicate Mr. Mace, directly or indi-
rectly, in any unfair en- fraudulent practices in the matter. 3Iany of them were
ignorant that any suit had been commenced, and were anxious to release such
suits, and did release them. Very respectfully-, J. 1). Waisukn, J. T.
ELLswouTir, June I'i, 1S71.
(}en. J. H. Bakeu, Commissioners of Pension. Washington, 1). V.
Sir: In the winter of IcSTI, as a magistrate, I took several depositions in .suits
of plaintiffs (Bounty Land Claimants) of this countj', against B. H. Mace. ofBan-
gor. My recollection now is, that in no single instance, was there any evidence of
fraudulent or false representations used by B. II. Mace in his purchase of land war-
rants, or claims of those iilaintitfs. Yours, respectfully. Geo. S. PEXEits.
' Baxgok, June 12, 1871.
Jlon. JosEPU H. Bakkr, Commissioner of Pensions.
Dear Sir: I have acted as magistrate in taking depositions of some of the plain-
tiffs, who have brought suits against B. If. Mace, Estj., on account of his dealings
with them in the bounty land matter, and I have had other means of learning the
facts in relation to his treatment of bounty land claimants. In all the depositions
which I have taken, the plaintiff's exonerate Mr, Mace from all blame. I have read
the depositions taken by other magistrates, and in no single instance docs one of
these plaintiff's accuse Mr. Mace, or any one who has dealt with them in the mat-
ter, of any unfair or fraudulent praetices or statements. In many instances the
nominal plaintiffs did not know that any suits had been commenced; and upon
learning the fact, freely and voluntarily released the suit, and recjuested that the
same be entered neither jiarty. "^'ours resi)ectfully, M. P. Nickeijsox.
Justice of the Peace for Hancock County.
Ellhwortu, June 11'. 1S71."
Sir: In conformity with the law of this State allowing the defendant to take the
deposition of the plaintiff' before a magistrate, I, as Justice of the Peace, heard
and wrote down the depositions of several persons, who have brought suits, or in
whose name suits have been brought against B. IT. Mace, Escj., of Bangor, in
bounty land matters, and have also read several taken by other magistrates in
similar cases ; and in no one instance do they implicate Mr. Mace, as using any
unfair or fraudulent practice towards them. Some of the deponents state that they
had no knowledge of any suit, others, that they were solicited to l)ring suits, and
many of them were anxious to, and did release.
Respectfully, your obedient servant, Amoicy Otis, J. P.
Gen. J. H. Baker, Com. of I'cnsions, "Woshington. D. C.
Ei.i.swonrn, June I.-:, 1871.
Gen. J. H. Bakek, Commissioner, &c., Washington, D. C.
Sir: As counsel for 15. II. Mace, Esti-, of B.angor, in all the bounty land suits
brought against him, I attended the taking of the depositions of the plaintiff's in
this city, and have carefully examined all the depositions taken in those casej>. In
no instance, to my recollection, is Mr. Mace .accused of any wrontr. I visited six-
teen of the plaintiff's residing here, for the purpose of taking their depositions.
Several of them were not aware, luitil informed by me, that any suits had been
12
l)ious;ht ill their names, agwinsi Mr. Al;uo: and tliiiUicu out of the sixteen vohm-
tarily rolo;u>cd their actions against liini. Tlie deposition of every plaintift" in
these c;iscs, with one exct'ption, uas taken last winter by Messrs. Warren, Nick-
ei-son, Otis and I'etcrs, as magistrat^^'s. The manner in which these suits were
hroutjht, is unprecedented in my experience, and I have no hesitation in sayinj;
that, in my ojiinion, they were connue/iced without cause, an*! that the wliole
proceeding is a gross outrage on Mr. Mace. A' ery respectfully,
AltNO WiSWELI..
TIr'sc letters not only slio\v I'nir .lenling on my part, Imt tliey are. fur-
ther and roiiclusive evidence that tliuse attorneys liave earned the appel-
lation of "shysters,-' wliich has hoen fastened upon them at tlie Hancock
bar.
It was the opiinon of Ciener;il 1 lanilin and myself that the procuring oC
bounty land Avarrants was triHiuL,^ in comparison with the other advantaji,x>
which would accrue to those soldiers, t heir widows, and heirs, in consequence
of the establishment of the service upon that basis.
Tile miJitia was organized, drilhd, provided with ball cartridges, put up-
«ni a war footing, and ]i(j\i\'in va^ovyc m f iteral obedience to general orders.
There can be but little doubt that this was actual service, and when wc
reflect that the general orders also called upon them to march to the de-
fense of the country, in case of invasion or imminent danger thereof, thai
iluMc were invasions, and that, the militia actually inarched to the de-
fence of the country, there can be ii<- duubt that the service was aetwU
Mcrvice. This gave further cliaracter to the whole. The door being
open to parole testimony of the ofhcers and soldiers who rendered such
service, that testimony is as (Conclusive :is any record would have lieeii.
They have tcstilied that they served from the beginning to the end of the
war, Ac«-ordingto our theory, IJoiuity-land wanauts having beeniistied
in su«;h claims, each claimant is also entitled to a jtension, by virtue of
the bill whidi was then j)ending, and wliich lias since become a law.
Th^j correctness of this theory is juoNcd by the fact that two of these
soldiei-s, James Beverly ami Tdcg Stanwootl of Ellsworth, and I*olly
5niitli, widow of William Smith, Iiavi- :ictnallyi»rocured jiensions, thiough
tlie ag(!ncy of th<»s(' jiien in ICIIsworlh who nrc :iiding in this crusailc
against nn-.
'i'liis was a matter of great iniportance to thosi- claiin.mts. They were
entitled to eight dolhus per nionfli :is pensiini while living. Kight dol-
lars per month from the date of the act woidd iiave given to each at this
tinittover one hundred dollars. I'nder the settlements Avhich ■\^ ere made,
llu'y liad a right to employ ajiy one they might choose to procure theii'
pensions. The tees would be merely the ordinary fees for ])rocuring pen-
Rions. Tiie grcnt labor had been accomplished in thi' establishment of
the »ei'vi<'e.
10
■-)
Male & Kiijciy being virliiuUy ilete:ileil in their own court by the rul iu«;-
.)t'the ju%e and f:uhne oftlie jmy to :ii;Tee upon a verdict against me,
have changed their base to Wasliington, D. V. Hale, as a nieinber of Con-
gress, lias i.rostituted his position to Ihi- j>urpose. He admitted, last fall
in open court, that he had defeated llu' allowance of the balance of tlic
.•laimsto bounty land, and congratulated liiniself on the jjerfonuance.
After the trial I went to Washington l.v ])Ut through tlie l)alanef oi
those claims to 1)ounty land and the pensions, the a])plications for whicli
liadbeen made. I met the active opposition of Eugene Hale; :iud, fear-
iugthat I might succeed in spite of him, Emery himself went on and had
ilic ear of the Chief Examiner and theX^'ommissiouer of Pensions. Tlie result
was the balance of the Avarrants have Jiot been issued, and all the pensions
were peremptorily rejected. Tt is useless for Hale &■ Emery to deny this.
The fact cnn be proved by every man then connected with tlie Pension
lUireau.
•S'oWte/'.^/ Eugene Hale is now trying for an other term in Congress.
.Yoniitiate,and elect a (food llepuhllccnt in Ids place. I do not ask jdedo-es
h-oiiA any man to carrv out my views in relation to your rights. I only
want a man of ability and honor to take the place of one who is wanting
in both. Hale hopes to succeed throngli your division, and not through
hLs own merits. Unite ngainHf him. Jx't him .appeal to what Jie has done
as a reason why he should be re-elected I Fict him ajtpeal to those with
whom he hii>i kept faith to re-elect him. and lie will be defeated l)eyoud
redemption!
B. If. MACK.
[SEK SIPI'I.KMKN r o\ NKXT J'AOF-.j
14
S U P P ]. K M E X T
111 their anxiety to accoiii])lisli tlic-ir object, ilalc & Ejikt}-, last winter,
urged upon the Dejtartment the necessity of an investigation; and this,
notwitlistaniling Dr. Sparks, while Chief Examiner in the Bounty l^ancl Di-
vision, liad, in the spring ot 1869, come to Hancock county, and investi-
gated the matter of service, and the extent of ('apt. Ilotchkiss' command.
His report was favornhle. It is now on file in the IJounty Land Division.
In accordance witli Ilalc & Emery's urgent I'equest, the ])cpartment
has sent one Mr. (4rassie here to make auotlier investigation and another
report. He has been at EUswortli boarding with Isaac H. Thomas, the
witness ol* Ilalc «fc Emery, who last fall boasted, on llie witness stand that
lie got i)Osscssion of one of these warrants, and }»aid me for services and
disbarsements what he was pleased to iiav, and wouM not <_>:ive ud the
warrant. It will be recollected that the judge ruled that my lien upon
oach warrant, Avhere Ave could not agree upon a settlement, was pei-fect.
until all had been issufd, an<l the disburscmentN and reasonable fees had
Itcen paid or lendcrcd. Tlu; possession o( this warrant, thereibre, at th.'it
time, belonged t.<» nic.
This Thoiuas was n«)t only their witnos, ((f/<'^ si>r/i <(. irttne^s /), but
during tlu; trial of that case, which lasted sex ( n day-^. lie was persistent
in liis j'ftbrts to induce lln- tivc Jurymen who lioarded with him to find a
verdict against me. , I have the aflidavits of -oinc ol' those Aery jurvmen
i<i this fact. .Mr. Thomas aeeompanieil Mr. (ir:i>;f>ic in part <>f his in
\ f^ligalions.
.Mr. (iras<ie :iUo Imd inier\H'Ws with .Mr. (icorge !'. Duttoii. 'fhe e.\-
1 raels fruin dejiositiniis which I h.Hve given in my statement, siiow the
po'^itiou of Mr. Dultoii. His; p(jsition is further shown by the pari which
he took with Hale Si Knwry in the sunnuyr of ls7(l. in their eflorts to ob-
tain moiic}' Iroiii IMC.
The deposition of 'M-ncral ii.ainlin. w hirli i- on tlie files of the Su-
pienje .ludieial ('ourt, at KINworlh, shows tha; Hair tV: Kmery, speakiuii
f'>r Duttoii, as well :is lor themselves. Informed him, lli.at if I wo\dd j)ay
over tinr m#)n< y for wliiclj they at tliat time c.alle(|, neither they nor Dutton
Mi.iild lif'iM^ any ri'>ve >-nits :i<j;ainst me on t'luK >-iibiect .matter. No nnit-
15
ter Uow )ii;uiy more might }>c (IcfnuidcJ l>y uu-; if {hoy f/ot the moneys
it was all thoy wanted.
Halo it Kmery not only spoke to (reneial llamJin lor Dutton, but they
speak to Diitton's oases in oourt. Diitton used .Hale & Emery's
blanks in i;x'ttnig up his cases, and liy [irlnted circulars similar to theirs
informed his clients of v\diat "k^c" had done in 1)ringing suits, and re-
quested them not to settle unless "()»?•" bills were paid. It was through
this J3uttoii and this Thomas that the animosity oC Hale &, Emery was
conveyed to ]Mr. (nSrassie. Mr. (^rassie, at Ellsworth, refused to receive
from me the evidence Avhich had been taken by both parties, and upon
Avhich the whole matter oi" this service, the extent of Capt. Hotchkiss'
command, iind my treatment of claimants had been investigated befon^
the Supreme Judicial Couvt. He also overlooked the investigation ol
Dr. Sparks, and the General Orders of .Inly 3d and August 5th, 181L'.
These ordcr.s, as well as tlie report of Dr. Sparks, were on tile in the
Jiounty Land ])ivisiou at Washington, ami 3Ir. Grassie's attention had
been especially called to the 'fact by me, and In; was urgently re(piested
to examine them. TIegardlcss of all this, he has just reported, among
other things, ((t/ainst the yenend si:Vi:lce^ o.ad the basis of all these
claims/ 77n's /.s- really the work of Hale cO Turnery.
It does not iouch nie alone; but directly and indirectly it atlects thou-
sands who live between Eastport and Castine. Emery may enter suits
against me without service having been made oi- acknowledged, as he did
at the A])ril teiin of the court at EUswoi-th, in 1870, and admit the fraud,
as he did, at the April term of the same court in 1871, with Judge Kent
upon the bench, and twelve jurymen on the right hand and twelve on the
left. Eniery &j Hale and Dutton may ojjeu negotiations to compromise
for money, as the}- ilid in the summer of 187U, and duiing the pendency
of the negotiations withhold the lists of their cases, in or^er to swell the
nmnber against me.
This is a perscjual matter; l)ut a {'rinciplc i - involved. While such
•'shysters" are ])ermitted to practice at the ',)Mr, what is my tate to-day
may to-morrow be yours. Vou are, however, directly interested \u the
matter of Bounty Land and Pensions, which Hale & Emery, for the time
being have defeated. The pension money, to which you are justly entitled
from Feb. 14th, 1871, the date of the pa^<sage of the act, at eigiit dollar.s
per month to the present time, would have am)unted, exclusive of fees,
to over one hundred dollars, and co.itinuing at eight dollars per month
through life, would, in many families, make the difference between want
an.d comfoT-t.
1 clialleniie coulrailii'tion oi ;mi\ ^laUMii-
lall I fxposc"! tbciii ill tlic lli-publit-aii ,Foi "''' "itnillimh
|.lv. Mr. Sawyer, the editur of- Tl.o Klls«... ^^ 833
10 ^^^RdRY n
llu-ni the cQluinns of his ]»aja r. 'I'lu'V dociipcd tlu' coiiii.<, ^ ^ ,Ve,
tlirouijli Mr. Siiwycr, requested llicm ic aiisu-cr my statement. ITis ));i])er
h.ts since been ))ublished. and 110 .nii>\\ ( i- a|>j)enrs.
Jiale is your member of ('(fiii»ri-*». Sucli men are '-maile, not l»orn/'
Voii have made Hale Avliai ]ie i^. 'riic people of Hancock county liare
ilre'adv, at the ])oll8, exjiressedlhi-ir opinion of 'L. A. Kmery Von, of
tjie Fiith District, iclio lii'e lulireeu H^tntport and Oastlne, will this fall
"\prcss vour opinion of KuijeiH' llalc
J}, if. MACK.