Demoine courier., 1854-07-27
COMMUNICATION.
For the Demoine Courier.

Thomas G.. Given being a candidate for
| State Senator in the Senatorial District COM
posed of the counties Of Wapello, Monroe, Lu-
cas-, and Clark, il becomes the privilege, as
well as the duty of every voter in said district, TO
examine we'll into a certain charge that rests
against him, of embezzling and appropriating
to his W use and benefit some $500 of money
belonging to Wapello county, while he was Dis
trict Clerk Of said county.
And we enter the more freely into the inves-
! tigation of this matter from the fact, that we
have learned with much surprise, that Given and
his friends are stating 20 the people that he
sought a settlement of the matter but could not
get il. This charge, which is serious in its
character, we shall not rest on rumor or mere
assertion, but prove from the papers in the case,
the records of the District court, and from Civ
ems own admission.
The code requires that the County Judge,
Treasurer and Recorder, and District Clerk
shall each keep a fee book, in which they shall
charge themselves with all the fees received by
them respectively, noting the case, person or
persons from whom received, date of receipt,
&c.; and at the end of every three months make
a settlements; each one Of these officers being
entitled TO one-third Of the whole amount of
fees so collected by the three. If the fees SO
collected fall short Of paying their quarterly
salary, the deficit is made up to them out of the
county treasury; if they oyerrun their salaries,
the overplusis paid into the Co. treasury. Ihave
been thus explicitin order TO show to those who
may not have read the law, how this embezzle-
ment took place. For the four quarters az
months) Given reported, as viii be seen by refer
ence to his books in the Clerks Office Of this
county, the sum Of S219,85, as being all the
fees collected by him from all and every source,
during the twelve months. Ont The It'll day of Au-
gust and after the expiration of his term Of Of
fee, he went TO the County Judge with the fee
book, and sought TO make a final settlement be-
tween himself and the county, and wrote the
following in said fee book with his own pen:
"And now on this 9th day Of August, 1852,
came Thos. G. Given and made a final settle
ment Of all fees coming into his hands to this
date ; the amount reed from the 9th of July TO
the 9Th of August, A. ID. 1852, as accounted
for is sl9,35."
This he wrote on the It'll, although dated
on the 9th of August. This he desired
Judge Osburn to sign. The Judge refused. He
had, Gas shown by his fee book) settled up for
twelve months, TO The 9Th day of July, 1852, ac-
counting for $219,s5; and now he states that
on the It'll of August, when he seeks to make
a final settlement Gas required so to do by the
code, see page 80, chap. %, sec. 2l3) that he
has only S19,35 in his hands. Add this to the
S219,85, and we have S23S,S5 the whole amount
of fees reported by him for thirteen months in
an Office that used to support the Clerk alone.
1t was the poor, pitiful sum returned that induc-
ed the County Judge TO think something was
wrong and to refuse to sign what Given had de-
sired him to sign.
The true amount received by him during the
thirteen months, the County Judge found, after
a close and critical examination Of all the papers,
execution docket, &c., in the Clerks office, TO
be S552,S1; thus putting into his pocket the
handsome sum Of S313,96 of which he had
never made the scratch of pen in his fee book.
He told the people on the stump in Green town.
ship, that he was always ready to settle with
the county but could not get a settlement. Now
/ ask him, What did you wish to settle from ?
Was it your fee book? A settlement that would
have permitted you to retain in your pocketthe
S313,S1, that you had safely hid away in that
bourne from which no dollar of county money
has ever returned. And that you did wish to
settle from this book, so fraudulently kept by
you, as to smuggle up some $500, you have
placed beyond the shadow of a doubt, by wri-
ting in the fee book q full receipt and wishing
the County Judge to sign il, fully releasing you
on accounting for $19,35, when in fact you had
in your pocket some S3l3,81. 1t must be borne
in mind that Given had up to July 9th, 1882,
made four settlements of the fees with the Coun-
ty Judge and at each of these settlements he
drew the amount that he claimed to be the def
cit in his quarters salary from the County
Treasury while at the same time he had the
amount of the fees unaccoamted for in his pock-
ct. Now he says he intended honesty and only
sought a settlement with the county. Is the
false record in his fee book, his attempt to settle
by that false record, and quarterly drawing
money out of the Treasury while his pockets
were lined with public money, fraudulently and
wilfully embezzled by him, the best evidence
he can produce to the public as proof of his
perygood and honestintentions? Oh yes! he was
very anxious to settle, no one doubts and he
has given clear proof Of that from the fact that
on the 7th day of August, he actually was so
kind to the Judge as to prite for him NTH his
oum hand a receipt to him (Given,) fully releas-
ing him from all liability on the payment of
Sl9,35, when he held back in his pocket $313,s1
unaccounted for. Yes indeed, you were even
; nervous to settle 1913 81 for all time in the very
bottom of your pocket.
After the It'll of August, 1852, the County
Judge told Given that cI pas not right and he
must come and make a fair settlement. The
Judge had ascertained the amount he had en-
bezzled. Given promised to come and settle,
but neglected TO do SO for some time. The
County Judge finally put the bill against him
into course of collection by law. The District
Court appointed a referee, and ON a full and fair
bearing of all the matter at issue, and on G;ven's
oua admission, said referee made the following
report to the District Court:
81 find that as such clerk he did receive the
sum of $685. 2, Gas per statement annexed
marked Al which amount, is not controyerted