The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1857-06-18
The County Commissioners VS.. William
B. Hitchcock, ex Recorder.

ney..s office, in this place. brought by the
Commissioners against w. B. Hitchcock,
formerly County Recorder, for money re-
ceived by said Hitchcock, some five or
six years since, from Mr.. Henry Maddux,
for rent for partof the Recorders office,
for six months. We intended to have
been present, but being otherwise en-
gagged, we must content ourselves with
sketch of the proceedings from our re-
porter.
There appeared on the part of the de-
fence, Messrs. r. McKe]y, c. R. Mott,
and P. A. Tyler, and on the part of the
County, no attorney-the matter having
been left with Auditor McCutchen to
attend to. 1t was admitted by Hitch
cock, and proven by Maddux, that the
money was paid and received, but had
never been paid into the County Treasu-
ry, where it belonged. The payment
was resisted, by counsel for the defence,
on the ground that the Commissioners
had no right to sue and collect the mo.
ney--that the Recorder had right to
rent his Office, or do what he pleased with
it. The Auditor urged, on the other
hand, that neither Hitchcock, nor any
other county officer. had any right to rent
his Office, or any part thereof, and pock-
ct the money--that the money received
from Maddux was the property of the
County, and hence that the Justice must
give judgment for the Commissioners
He referred to Swans Statutes, .. 18l,
showing that the Commissioners were the
guardians of the county--were legally
incorporated body for that purpose, and
that they alone had the power to collect
the money in question. This position
the Defendants counsel were unable to
controvert, but they labored to screen
Hitchcock, as political friend--having
volunteered their. services for that pur-
pose--and to raise an outcry against the
Commissioners, hoping thereby to divert
the attention of the tax payers from the
question at issue.
It appears that this matter was dis
cussed at the last September session, and
that the Commissioners then present
Messrs. WEIGH and Kear--were both Of
the opinion that Hitchcock had no right
to retain the rent money, and that it must
90 into the hands of the County Treasu-
rer. They, however, made no order for
it's collection, and the matter rested until
the March session, when it was unani-
mously ordered by the Commissioners
--Messrs. Kear, Holdridge and Moral
that the Auditor should proceed to col
lect the money. After the order was
made, two Of the Commissioners-Ho Hol-
bridge and Morral--being old friends of
told him he had better pay
over without a lawsuit, as he would have
it to pay eventually. Hitchcock said that
others had privileges in the different Of
fees, and that there had been nothing
exacted of them that he, being Grip
pie, it was not fair to make scape- goat
Of him. The Commissioners then told
him if he would settle the mattea peacea-
bly,, his friends would help him make up
the amount; also, that they would rather
contribute something themselves than
have the trouble of suit, but that they
were bound to have the money paid into
.he Treasury.
The subject then came up in relation to
H. Maddux occupying part of the Re.
;order's Office as law office. He was
sent for, and stated to the
that he was in the office, |
md had been for some months and that
1t the September session the subject was
alked over by Commissioners Welch and
Kear, and himself, and as he (Maddux)
vas finding his own wood and lights, the
County was not the loser by him being
here. But the Com missioners insisted
IN charging him rent, as they had just
made the order to collect the amount
rom Hitchcock, and they would serve
10th alike. There was, therefore, an or
Ter entered up that Maddux should pay
10 cents per month for the part of the
'fice he was. occupying. Maddux re-
nonstrated against paying any back rent,
nut was willing to pay from the lst OF
darch said it was unjust, as he had a
itferent understanding with Messrs.
Velch and Kear. He was then told that
he whole amount must be paid 10 the
treasurer, and that his friends would
help him make up the amount
4 dispute. The Auditor said at once
bat he would give one dollar. Maddux,
oweyer, declined any donations, and said
e was able and willing to pay the full
agreed on at the March session.
We think this little matter will finally