Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-07-03

.oFdf'"sef". Nft li!C SAID JCfiilan ENaCr lslr-
Their proved, that the said John Preston, so
being treasurer for the time being on the
day of July, 1916, received the further sun of
S3,43i 81, for interest on treasury ,,o.es of the
u. States, toe property of the commonwealth
winch he deposited TO his crcdis, as treasurer
Cl thc commonwealth, at the said bank of Vir-
gina out the same WAS Rerer audited, nor Gre
di;ed To the commonwealth by the said John
Preston OH the books If ths treasury department.
And the said Jerman Baker further proved.
that the said John Preston, SO being treasurer
lot ,he Gaie beng received, on the day
OF March, 1916. The further sum of $50, for
interest on ofer treasury notes of the l.. States,
belonging TO the commonwealth but the sa,nc
was 7,euer audited. nor credited to the common.
wealth, on IKE BOOKS Of tie treasury department.
And thereupon the said Jerman Baker, the
now treasurer, claimed on his said motion and
acton against the said defendants. the said de
.fca OF S3S,OS9 so; and the said SUMS of
S4,4SS e8, S59,0oe, SJ,45I 81, and $40, u
mounting IA all to the sum of sl52,5e8 %.
= Iheh The soiG defendants to support The IS
sizes COINED or thfir part, prored, That the said
john Preston, SO being treasurer for the time
beng, On the nth dag Of August, 1918,
recciVeu oil John Chew, Il check on the
bank ot the United States, at Phadelnhia.
Tor , $4,000 for so mich money due by the
u. States 10 the commonwealth, rLich sum
mad teen dMy audited, and caS passed by The
sdia John Preston on the same day to the credit
" H1e commonwealth; on The books Of The freoSu-
~ requirement; but the said Preston ON the
same Gag, did not depositc the same at the
banl: TO his credit, as treasurer, on official nc
coesat, bet did deposite the same to his own
'ndttadaat credit at the bank of Virginia. on
his tndiyiduai private account. min;sliny the
same 10Th has Pirate funds at his credit nj the
said oank ;and the same was thereafter checked
for ~ hem, IN his own name. ~, IKE moluer as
J0r has 0ion money, So as TO exhaust the ,rho[e
! amount thereof but whether the same. when
SO checked io', was applied To for his own
use, or To that oi the CONFERENCE.-The or when
IL was SO Checked for as TO be exhausted, did
not appear nor was any evidence adduced ON
The part OF the said Jerlnan Baker, To shew
that the said John Preston, ever applied any
part oi the said $4,000 10 the use of the
commonwealth, or returned any part of the
same IN any wise into the treasury. otherwise
than " hat may be collected from the facts and
proofs herein statcd.'
:" That ON the Isl 0cloJer 1919 (bcing the
end Of that .fScat year. when accordin., tn fine
annual reports of the said john Preston. tbcn
treasurer, aud Of the Joint committee of both
houses OF Assembly oftte nth G6Y of .Jonuar1,.
1919, and the books IF the treasury department.
and other eridence adduccd on the part of tho
sad jerinan Baker :: (rS ADORE statedl. there
ought 10 have been in the treasury Ia fro
credit of the commonwealth, tie sun, a.
SlaO,l32 Cos there lcas in the two banks of
Virginia, to the credit of the said John Pres
ton as treasurer of the commonwealth. on his
Official account there, only the sum OF
Sl47,9i0 IL, shelving difference between the
| sum winch Ought then To have been in The tfea-
sury, according 10 the said evidence adtluced
mi Tp.t-. .
money at the banks TO The credit of the treasr,-
ry, OF 5 a92,2l3 50. That OH the I8sh dan al
January, 1919, when according to the same
evidence atudced on the part of the said Jer
man Baker, there ought TO have been In tho
treasury thc sum Of : COZ, G41 381 to the cred
II OF the commonwealth. there fras in the two
banks OF Virginia, 10 the credit of the said
John Preston, as treasurer of the corn,nou
"ealthfon his official account there. only tue
sum OF 4OG. 100 IS; Showing a difference
between The SAID sum which ought then 10
nave been III the treasury, according TO the
Same evidence adduced en- the part oi the said
JeTman Baker and the money al the ba,,ks ~
Tie credit ftiIe treasury, Of S 20I, 69I I5.-
Ana the defendants proved, By a CLERK in the
treasury Department, empioged there daring all
ihe gears 1915 ana 1919, and uRi the 17kk
Jataa'y, 1929, (inci,tsige j that there was moi
usually kept IN the public Golfers in the freo-
SiuY office, during the period aforesaid. more
thanS 5000, very seldom as much as & IO.ono
and asUsr, within the recollection of the Wit
ness, as much as : 10000 for one ,cko,e dan at
a time. And by the said eyidsace oFE;e Sg;g
cter@ oil the treasury department, and the off
ctHt accounts oil the said John Preston, as trea-
surer oil the commonwealth, with the t,ro
banks Of Virginia, COMPARED with the booEs
q Tie treasury department, and the oihcr e,i-
'dence aforesaid adduccd ON the part of the
SAD Jerman Baker, TT APPEARED that there
was conttHltdHy, and ereTy dcy fran, he snid
I'm tug Of .4VguSi, 1913, 10 tie said IsLh dun
q January, 1919, inciu5tre, the DIFFERENCE
OF 9 100000, at the least, between the balance
stated on the books of the department, and bv
hie other evidence adduced on the part of the
SAID Jerman Baker, as the balances the 10 Ms
Co"mcnWcdih, and the amount of the dcfnaE
sums IN the Pubtic Golfers in the treasury Office
dfGea 10 Tie balances al bank, 10 the credit of
the treasury. And it was agreed between tho
parties, by their counsel, that all the nets Of
Assembly relating to the two banks of Virginia
shall be taken and considered as part of this
record, by reicFcnce, without being spread ON
the record III this Bill Of Exceptions
Whreupon The said Jermdn Baker by has
counsel mored The COvrt 10 erclude the evidence
so as aforesaid adduced by the defendants from
the consideration cf the jury, as bein., inad-
Missile evidtnre, so far us the same was of
Tered to exoneratc the said defendants from
responsibility for ule bularire of s83, Ogg 80 an
pearlnS from the said reports Of the said John
Preston, as treasurer, and of the Joint corr,
mlttees of both houses of Assembly, and the
books OF the treasury department, TO be due ~
the time of the said Presion's said resia,na
ton, as above stated. Bm NE count ,cGs OIL
opinion that the said motion should be over
ruled, aud admitted The S4id erid,uce of the
defendants as proper for The consideration oil
Eie jlTy