The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1848-10-06
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From the Hamilton Inteigencer. Sept. 80.
Mr.. John d. WeIler's DefaIcatiOns to the
Surplus Revenue of Butler COunty!-.Mr.
WeIIcr's EmbezElement Confessed!
In our paper ofthe 10Th of August last,
we stated briefly the facts in relation to
!he defalcation of J. b. Weller, showing
conclusively that he had appropriated to
his own use, large part Of the Surplus
Fund committed to his keeping as one of
the Fund Commissioners of Butler cOunty
1t is now nearly two months since the
publication of our article, and not one of
the facts stated by us have been denied
by Mr.. Weller. In his speech few days
since in Hamilton, he admitted substan-
tally the facts charged. We again pub.
lish our former statement and reafiirm
the truth of every fact stated by US in that
article.
We have now the admission of Mr..
Weller under oath in his answer TO the bill
fled by the Auditor and Treasurerof But
Ter county. In his answer he tries to ex-
cuse his conduct by the pretence that
the Commissioners were chargeable with
the interest whether the money was in
vested or not. This is a sheer pretence;
because by the law they were positively
prohibited from re-loaning any part ofthe
Fund, and were required to pay it over
to the County Treasurer when collected.
(See Ohio Laws, vol. AZ, page 80, section
y There is not the slightest justification
or palliation of the conduct of Mr.. Wei.
er & his colleagues setup in his answer
We copy from the answer ofMr Wei.
Ter fled on the goth inst, the following
paragraph, which contains every word of
the answer in relation to the portion of
the Fund loaned to each other" by Mr..
Weller and his associates. In answer
he says
THAT when money was paid over to
the Commissioners, holding themselves
responsible for the interest whether in.
vested or not, they did loan to each other
portion of said Fund, that the amount
thus borrowed by your respondent is Sc.
cured by a mortgage on real estate as
most Of the other loans are secured "
Here is the confession of Mr.. Weller
under oath that he aud his colleagues
"DID LOAN TO EACH OTHER A PORTION OF
THIS FUND" The records show that Mr.
Weller's "portion" was at least Eleren
Thousand Dollars. The rules of the
Commissioners established by them,
selves, prohibited loan of more than
$1,000 to one person, and the law of 1913
as we have already said, positively pro-
hibited the Commissioners from reloan.
ing any part of the money collected oil
received by them, and required them to
pay over all money received belonging
to the Fund, to the county Treasurer.
1t is not pretended that any security
was given for any part oflhe money taken
by Mr. Weller, until the first of February
last, after his nomination as a candidate
for Governor. Even his official bond,
cannot now be found; and the larges
and most valuable part of the property
(the farm Of $50 acres, included in the
mortgage by which it is pretended tha
the 1000 of this fund is secured, wa
a few days ago sold at sheriff's sale, 70
the satisfaction of another claim, and bic
off by his brolher-in. law. We are in
formed that the sheriff has returned tn,
property "not sold for want of bidders,
We know that there were actual bona-6d,
bidders who did bid on the property
Why the sheriff has made this return w
know not. 1t was probably trick o
Mr. Weller aud his friends to keep pos
session oftho property. and prevent the
collection of the money due TO the heirs
which was placed in his hands as thei
guardian.
We need not multiply words on thi
subject. The facts which we have sta
ted are not denied. We submit them t
the judgment ofuur fellow. citizens. w
leave the people of the State to decid
whether this is not "clear and unques
, tionable" case of official misconduct an
! embezzlement.
: " In his answer 10 the bill in chancerS
Mr.. Weller states that in consequence Z
his being "unable to make out tru
and accurate statement ofthe account c
each individual indebted to said Funt
and because some difficulties were anlit
/, ipated in the adjustment of the same,
t was suggested that a suit should be bro
e and the accounts settled by disintereste
! persons; to this respondent assented an
: expressed his entire willingness to hav
the matterthus settled"
Now mark the fact-that after the bi
was fled, Mr.. Weller demurred, an
e tried to thrO'O the cause out Of court! Doe
e this look like an amicable proceeding
does it look like "willingness to hav
d the matter thus settled?" Mr. Wellt
n says, "some difficulties were anticipate
# in the adjustment of the same" Whi
difficulties could exist if Mr.. Weller an
his associates had done their duty? TIL
true difficulty was, that Mr.. Weller an
- his associates had embezzled the mons
and were unable to repay it. This is
ID substance confessed by Mr.. Weller hlr
Is selfe, IN the extracts which we ha'
n copied from his answer.
u tFOur soldiers in the war with Me-
OF leo are covered with glory Washing
- ton Union.