The Democratic Whig. [volume] (Columbus, Miss.) 1842-1843, 1843-07-27

, discovered the existence of evidence, deemed 8
. me sufficient 10 sustain prosecution againts ID
late State Treasurer. r. 8. Graves, (which wa
, discovered in part by an examination by the Au
, dltor of Public Accounts, Of the Treasures al
office, and books of the Treasury, and a part a
the funds ofthe State in the Treasury institute,
a prosecution against said Graves for the Offence
OF embezzlement. In the progress of the tria
of said Graves before the committing court 9TH,
Chief Justice Of the High Cont of Errors anc
Appeals) and after had, as / considered, ascer.
tanned beyond doubt, that Graves had been guilt,
OF the crime OF embeZzleng the funds ofthe State
and that he would most probably be recognized
OF committed to answer the charge of embezzle
ment, retained two Attorneys, the Hon George
Adams and George s. Yerger, ESQ.,, (the Attor-
ney General then being continually engaged in
behalf of the State in the prosecution against
Glaves,) and directed them to draft bill in aid
of the Attorney General, charging the embezzIe>
ment Of the funds of the State BY said Graves:
and for the purpose of more certainly giving the
Court of Chancery jurisdiction of the subject mat
ter (as such state of facts really existed) drec>
ted that the bill should aIlege that said Graves OBJ
tanned a large sum Of money from the United
States Treasury, and that doubts existed as to
| whom such sum of money belonged, whether to
the United States or to the State Of Mississippi
and that such bill should pray FOR the issuance of
subpoena against Graves, writ of injunction
restraining him from the use or custody of the
funds OF the State, and also that receiver should
be appointed by the court, and that such receiver
take the funds of the State into his custody and
care, until the further order of the Chancellor in
relation thereto, and that the Chancellor might
adiudge and decree to whom such funds so re-
ceived by said Graves belonged, whether to the
United States, or to this State. This bill was
drawn accordingly, and submitted 10 the Chancel-
lor. During the progress Of the prosecution a
gainst said Graves, whilst the same was before
the Chancellor for his consideration and action,
and before the Chancellor had evidenced his ac>
ton on the bill, and before the trial of Graves
had closed, he escaped from the custody Of the
Sheriff of Kinds county. After his escape, the
Chancellor gave his opinion on the subject of the
bill presented to him, declining TO grant the writ
of Injunction. or 10 appoint receiver as prayed
for in the bi assigning reasons for the refusal of
his action and aid as prayed for. This refusal
was based on other and different grounds, than
the fact. Ithat said Graves had abandoned the of.
fee of State Treasurer, and that the same was
then vacant, and might be filled by the Execu.
tive"
/ considered the Office of the State Treasurer
vacant by the removal and abandonment of the
office by said Graves. and proceeded TO appoint
another State Treasurer. Before doing so,
learned that Mrs. Graves, the wife Of the late
Treasurer ofthe State, desired to see me. i'm.
medateiy visited her at the late residence of said
Graves, where she delivered to me the sum Of
500, 232 60 in Mississippi Treasury Waran
$92, 600 in United States Treasury notes, and
the sum of $2,749 6S-lO0 in foreign gold, the
greater portion in sovereigns. which sum | took
into my custody. forthwith appointed State
Treasurer who, by force, opened the door of the
Treasury Office and the iron chest and safe of the
Treasury, 1.-THE keys having been in the custody
of Graves, lost, or mslaid') Upon taking an in.
ventoFv Of the funds found in the Treasury il was
asceltained that there was in specie the sum Of
Sc SO, in uncancelled Mississippi Treasury War
rants the sum of $6,442 IL, and large sum of
deprecated bank notes, amounting to the sum of
$64.s45 90 100. together with some receipts
and other evidences of debt. At the first conve-
nient opportunity; after secure iron safe for the
keeping of the funds was provided for the State
Treasury, delivered over to the State Treasu,
rer the funds received by me from Mrs. Graves,
or rather, placed the Mississippi Treasury War
rants into his hands to be cancalled-the United
States Treasury notes and the &2,749 6S-l00 in
foreign gold, placed 10 the iron safe of the State
Treasury on deposite, for the benefit ofthe State,
or of the United States. to whichever the same
might be found properly 10 belong, mot being
able beyond doubt 10 determine the real owner
OF tue SdtACS Dut OOIuS SUVtS'y "~a'AAO~ ~
that in Justice the greater portion OF the same be
longed TO the United States,
am inclined 10 this opinion from the following
facts, by statements in letter addressed by the
Secretary oflhe Treasury Of the United States to
R. 8. Graves, which has fallen into my hands
since the escape of Graves, l am advised that
said Graves received on the third day Of May
1912, the sum OF Sic, 722 06 on account of the
three per cent fund, and on the 9Th day Of Octo-
Der 1912, the sum Of So, 142 90, paid also on ac-
count Of the three per cent fund. which sums were
received, suppose, in United States Treasury
notes. and on the 9Th day of October, JS42, he
received the sum of $l44.214 33-lOO on ac~
count of the two per cent fund. am advised BY
COPIES Of the receipts of Graves for the payment
Of the S2.l42 92-100 ofthe three per cent fund,
giyen ON the 9Th day Of October 1912, and for
the payment Of the $I44.2l4 S3"10O Of the two
per cent fund, given on the 9th day Of October,
l642, furnished By the Hon. John G. SPencer,l
that United States Treasury notes were received
bv Graves for both of the last mentioned amounts
Bv reference 10 the go, 800 United States TTea-
sury notes received by me of Mrs. Graves 4
will be found that these notes bear date on tng
18th of October 1912, from which conclude
that the same is PORTION of the sum Of Sl44-
9IA 33>lD0 of the two per cent fund. lconsld-
a. that Graves, as State Treasurer, had authors
~. bv the law Of the State, to receive the three
.r cent fund. as II accrued. into the Treasury Of
/ The State; and that he bad authority under the
7th section of the act accepting tho two per cent
fund. under provisions Of the act OF Congress Of
/ ,he Am September. le4l, and the acquisitions 81
A. 80 ..Sn11n fsrw hat