The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1860-09-21

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estimate how many miles it would be nee
cssary to traUe1 to see every one of them
Our estimate is s3 miles, and we believe
that is very liberal for the Sheriff Leav-
ing the Court House, and going from Pigeon
to Knight township, thence to Center,
thence to Scott thence to Armstrong and
so around the circuit to the Court House,
by the ordinary routes, and it can be done in
a less number of miles than our estimate,
perhaps a third less. For the 83 miles at
5 cents per mile, he would be entitled to
S4.I5, which added to s5 cents, would al
low him IS for serving a jury. For serv-
fng FIVE juries be would be entitled to S25.
He has charged as above for five juries S42
-$i7 more than the law allows.
Take the second item of his allowance
"for grand iury-extra,' and 'fraverse jury
extra" He makes five separate charges
50, $3.50, Sc, 81, $7--total, $500. The
service rendered by the Sheriff for tn ese
charges is about this, we are informed At
the opening of the term the grand jury and
traverse juries are called, and always some
fail to answer to their names, and others,
for various reasons, are excused by the
Court, and their places are filled by the
Sheriff calling bystanders or persons whom
he may find around the Court House, into
the jury box. The service rendered by him
amounts to nothi ng. scarcely except utter
ing few words from his seat, and there is
no lat0 for any charge for the service; and
yet he charges $I9.2O for two terms only.
The next allowances under date of May
16, are for empanneling twelve juries-total
$3.50. OF these juries, five were for State
and seven for civil trials Nov. IT, 1859,
there are specific allowances in State cases
to the amount of $12.60 Now for the law:
1t will be seen by reference to sec. 8, page
1O4, Acts of 1856, that the Sheriff is enti-
tied, for calling a jury in each cause
to 10 cents; and yet the Sheriff charges in
each cause from $1.O5 to S4.o5, making a
total Of S41.40, and has it allowed out of
the County Treasury, when whatever charge,
if any, he is entitled to, must be taxed in
the costs of the causes tried against the par
ties. In the civil suits the charges must be
taxed to the parties. In criminal suits to
the defendant if convicted if acquitted, no
costs are to be taxed. Sec. 25, page 1I3,
Acts of 1855. How he estimates the enor-
nous charges ten and forty times above the
amount allowed by law, we are at a loss to
know. He may say it was for calling per-
sons to fill vacancies made by Challenges
If SO, we reply that that service is done by
baiiffs, and no fees are allowed for it. And
then to tax it to the county without law
and in such enormously extortionate
amounts, is b6re-faced in the extreme.
The next allowance is
: For deputy sheriff in court 2T days at s259 per
day .50.'
November II, 1859.
John s. Gavia for services in court, 80 days at
80"
Think of it it!-$115-all without law
without right. We have cited the law un-
der which the courts can grant allowances,
but such allowances never reach the
services of the Sheriff or his depu-
ties. He and his deputies are made by
law officers of the court, as we the clerk
and attorneys; and he, as they, must. look
to their fees for their compensation. The
allowance is too groundless to need any
words of ours to show its illegality or in
Justice. And if the allowances were just,
why did not the Sheriff charge as much in
November as he did in May2 In May he
charged $3.50 per day in November only
$l.5O.
The next allowance is for " horse hire,
&c,-May 16, 1860, $76.5O, and Nov. II,
1859, $lI9.75 total $l96.25. Let our
readers take down the statutes and laws of
the State, and search them to find any law
warranting the allowance of money to pay
the Sheriff for horses used by him, his
deputies or bailih5. He g. it without
law it is neither the spirit nor letter of the
law
By examining the bill we find that some
of the horses charged for were used cut of
term time; some on Sundays; that one
person rides ] and days in one day
that the charges are almost always to Gavitt
himself by the livery men. The Sheriff has
fancy horses of his own which are too good
for county use. Therefore he hired COM
mon horses to do the service and made the
county pay for their hire.
In regard to bailiffs and janitors bills,
Fitzwilliams " as appointed deputy in
April, 1860, as Gavitt has said yet
while acting as deputy, he was allowed in
the Circuit Court 54O.5G as bailif. Jack
Welsh, for the two terms, was allowed $50
as janitor, and for the past year has been
employed by Gavitt to rub down his fancy
horses, clean out his stables, clean his yard,
lit has drawn Welsh's county orders him.
Z. E.........