Statement of some of the questions and answers in the Affidavit made by JH Fairchild to Inspector Pollock January 12th 1881 Ques Do all the purchases made by Agent Wilbur appear on Abst A? Ans Articles purchased from Indians and paid from Annuity funds, and perhaps some other articles do not appear Explanation Such purchases are really only an exchange, and except some school books purchased in 4th Qr 1879, and sugar amp; coffee amp;c in 1880, I do not know of any thing else but what is taken up on Abst C with a note of Exp- lanation Oscar Marks Buggy will be taken up on 4th Qr 1880 Ques Does Abstract C correctly represent all property fabricated or raised? Ans I think enough calves, are not taken up to cover loss by death (You will know how (to answer this I think it of little force) Ques Has not Agent Wilbur taken credit on his cash and property accounts, for money and goods which were not paid to the parties receipting for the same? Ans Yes Explanation This cannot be denied In the acct of Elijah and others, they signed the pay roll for the full amount of their Salary in cash, while in fact they were paid in part by goods, and did not in fact, in some quarters work more than half the time You recollect you told me that Col Watkins said that in such cases where others will were employed in their places, such a course was permissable This explanation will apply to all cases of alleged false credits for work amp;c Regarding the voucher to Abst D. the amounts issued to Indians are correct, the exact names may not be, and in fact cannot be correct. He will also bring up the horses and cattle sold to Indians You have always placed them on pretty much the same footing as goods, and sometimes required the Indians to perform service to something near the value, and some- times issued them out and out He was told that Oscar Mark let you have a buggy for 20 and that you paid for it by issue of cows amp; calves that is a lie, and I showed him so Oscar s account shows that he is credited with the buggy, but no charge is made for the cattle issued Ques In the 1st Qr 1880 you made affidavit that one horse the property of the US and borne on Agent Wilburs Property Returns for said Qr had died, while in fact said horse had never been on the papers how do you explain this affidavit ? Ans I had heard the horse spoken of as a Government horse and supposed he was on the papers though I had not examined Explanation My answer here is true, and I also swore that I had no doubt but you believed the horse had been taken up that I knew you regarded him and spoke of him as a Government horse Ques I find a voucher here in your hand writing certified to by Agt Wilbur, saying that the Morgan horse was bought to replace one that died, while in fact the Morgan horse was bought some time before the other horse died, can you explain this? Ans My recollection is this The Morgan horse was taken for a ranch bill So many horses were borne on his papers that the Agent was doubtful if permission would be given him to purchase another, and he neglected to ask permission till the death of the other horse Explanation You can accept or modify this statement according to the facts You had taken one or two other horses on trial, and probably had not made up your mind to take this one from Morgan till you tried him Ques You have made me a statement from your office records showing that Agent Wilbur paid out in the 1st 2d amp; 3d Qrs 1880 1572.75 in cash for Indian labor more than he reported to the Department Could he not with equal facility have converted it to his own use? Ans Agent Wilbur s accounts show that the Department have been informed of his method of disposing of Annuity goods Were he so dis- posed there can be no question but it affords opportunity for embezzle- ment Explanation There can be no other answer to this qustion If you desired to steal of course you could do so, and I made the answer that I think you would have made yourself Ques How long and to what extent has Agent Wilbur kept goods for sale to Indians on his privaate account? Ans I never heard of such a thing, till Joe Stwire mentioned it the other day in Council Ques Did not the Agent have saddles for sale to the Indians, and have you not sold them yourself, and accounted to the Agent for them? Ans There were two saddles here I believe when I came, that I understood belonged to the Agent One of them I sold to an Indian Explanation I had forgotten the saddles when I answered the first question Some have said that the saddles wqere made on the Reservation Did not Col Watkins tell you, you could buy such articles for the Indians? He will try and make a terrible bugbear of this Joe Stwire, to show how you had tried to help the Indians, said that you kept a number of articles calico, clothing amp;c for one or two years, after the trader s store had been suspended The above comprise the principal points I can now think of in my affidavit We got through so late that I had not time to copy the Affidavit as I intended All the charges for false credit can be explained on the, information given by Col Watkins, that where others were actually paid with the money for services of the same character, there was no impropriety in taking credit for the whole amount in one or two vouchers He has a statement made by me showing that in the 3d Qr 1880 we reported to the Dept 1066. for Indian labor, while we actually paid in that time some 4380.00 (about that) also that since Dec. 1, 1879 we had paid in cash for labor 1570.75 which was not reported to the Department while the receipts from Annuity goods were 1572.26 these are about the figures I think your defense must be that you have honestly reported your action and your system to the Department that they have not disapproved it, though it has long been known that you have been enabled to support 500 Piutes here without cost to the Government I answered all questions truly, and as I do not doubt you would have done if you had been here I made a great many statements for him, but my testimony was principally as to the taking credit on the Official accounts for money not actually paid to the parties receipting for the same Every such case will be covered by the statement of Col Watkins above noted I told him that every dollar taken in for my purpose, had been honestly expended for the service of the Department Of course, where we report Elijah or Lee Winnemucca employed, and in our receipt roll take credit for cast paid them for their whole service, while in fact they were only half paid in goods, we make a false voucher so far as they are concerned But where the money not paid them is paid to somebody else for services of like character, the voucher is substantially correct as per Col Watkins statement to you This has in every instance been the case here, and to it since I have been in the office, I have sworn I am convinced that the result will in no sense be injurious to you Except for the overstatements in the statistics which cannot be denied These must be set down as an error in judgement I believe I have given you all the permits that will probably be brought against you Of course with the system of disposal of Annuity goods as it has prevailed here with the knowledge and approval of the Department, it would not be possible to make a single set of papers and have them technically correct But that they are substantially correct we know Yours Truly JW Fairchild