Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-10-30
LOCAL NEWS.

D.
INA, Charged with embeZIiment and ne -iect Of
duty, winch took place before Commissioned
Brown yesterday afternoon, Prof Il. ). Head
rick was oss-examined by Mr.. VIM. A. Cook,
coUasel for the defence, aud recapitulated his
testimony rs produced at n previous examina-
tion. He knew nothing of Mr.. M,ore's en-
bezzlemeBt of his kuowlega; but believed hiul
10 re guilty from the representations he had
received from DR. O. W. Woolreu, Mr. William
Huske, aud Mr.. w n. Tilhnghast, aud also
from c"rtain Misrepresentation which Mr..
Moore had made 10 ham on different matters.
Mr.. Cook tnen rresentad Il number OF r,-
cpipts for MONEYS objected and turned i'm by
DIR. 2Ioore tc DIR. Wccllen, some OF them bear.
Ing his ". s. signsture, and Others that OF his
clelk, wnich DR.. WoOllel acSOo wledged "a
genuine aud correct. certificate was also
presented from Secretary McCulloch, certify
ing that the certificate now on file in the de-
partmeut, issued by the First National Bank
OF the Treasurer of the United States, for de-
posts OF pnblic moneys. derived from coilec-
mons ef internal revenue by Q. w. WeolIen.
Collector of the Third Int lai Revenue Dis
trict oil North Carolina, amounting in the az.
grsgate to Si9s,t56.tj, and further certifying
that the signature of A. X. Walker, cashier OF
the First National Bank Of Whining gton, North
Carolina, ss appears on the certificates TO be
genuine. Mr.. Cook also presented certificates
OF ;he First National Rank of Wilmington, for
moneys deposited IN the InoRths Of Nay and
June, amounting TO S4,259 81, making a total
all moneys deposited Of S2y7,7Si.3S, showing
that accused had over paid 1854 40. This ap.
parent excess, Mr.. Cook said, bad been paid in.
but that while collecting Mr.. Moore had lost
hrs pass-book. The papers were examined by
Nessrs. Wilson and Dana, prosecuting at.
torneys, when Mr.. Wilson CLAIMED that some
OF the receipts We're duplicated End asked that
the case be continued till FRIDAY. Objection
was made by MT. Cook; but finally the Com
m ssioner agreed 10 the motion Of the Assistant
District Attorney, and further examination
was postponed ull II oclock to-day.
TO-DAY.
AT the appointed nour tie accused and con-
tending counsel appeared before the &C anus
sioner, when the case was again called.
Assistant District Attorney Wilson stated
thsi al MS request the case was postponed yes
teIoay In orGer 10 allow him to examine cer-
tam papers, which ne had done, ana had
houhlne 10 say with regard to them. He de-
sneu, however, 10 re-eXamine some witnesses
As rebuiting evidence or IN explanation of
some OF The papers " hich bad been exhibited
Mr. COOK, counsel for the defence, obio ctad 10
The prosecution reopening the case, as they had
eXdmlna. ION.
Mr.. Wilson reioined ,b,t it was time h, had
concluded the examination In caief bu. sun be
conceived that il was within the province of
lie prosecution to produce rebUttlug evidence
as ah ONSET 10 statements and papers intro-
dGGed suosequenty by the defence.
Ipe discussions continued at some length be-
tween MessTs. Cook and Wilson. AT The con-
ciusion OF winch, lhe later Gentleman pro
dnced III writing the following proposition.
10 Tebut the case made BY tue C.t.nce H..
prosecution proposes TO prove that the ac-
cused reserved ih addition to the sums for
when he produces receipts amounting IN
Si'thn, anu which nc mas not aCcouEtrd Tor 10
MT. Wcolier, ana which Is ia cxc-ss of tba
amount with " hicA ne charges hIm>r,L'
Inc COMMISSIONER refused 10 admit the p3.
Per, as he concluded that inasInu,h as the
prosecution bad concluded their case yester-
cav lie could not receive the proposition.
-Ir. W ilsOn remarked that ne would try the
case IN another way; wheT,upon
he ComInssiOnt submitted the following
decislon, wherein Tie prisoner Is discharged:
tRtted HtateS rs. George H. Moore, CtGrJs Of
tmCesztenenf, dc.-ln tuIs case the delcndanJ
Is 'hai Sed with wiiitul neglect OF his off cial
duiy As Deputy Collector OF Internal Revenue
Tor the Third District of Norm Carolina, aud
with eEIDt zZlIng SiC,oJ0 on or aUout the 10Th
osy OF July, 1858, belonging 10 the United
States. Several days have been occupied I'm
the animation of witnesses, and a larZe num-
Der OF accounts, CERTIFICATES Of deposit, receipts
ana o'her vouchers, and ahle counsel for III.
,niled States and for the defendant have ar
gutd the case.
From the testimony OF the Collector ont one
u his Gcpuilss, ana two other witnesses from
NoT.h Carolina, and from the DO cuInrnts pro-
duced by the pro- seCution, ~ appears that the
ueft ndant IS charged with having Collected
during the time specified that he was acting As
deputy collector The sum Of S9eS,. s. aS; and
from The certificates of deposit, receipts, ami
other vouchers exhibited by the defendant II
apI ears that be has paid to The Coli -ctor and
by his deposits in the Treasury, the sum Of
s29', oi.Ye; leaving an apparenJ balance a his
laVor OF SAO!iaU. Ii wOula appear from this
sustained.
In regard to the charges of ";yiIful neglect OF
nuty, Sunday laws, decisions, and authorities
nave been produced, from ~ hIca il appears
mt officers OF the miro States are res puns iba
aLo punishable for negirct OF duty, but In tai,
case Il appears from the eyidcuce mat the de.
iendant Mas net 0n officer OF the United states
thi e deputy " he Cole, tor, appointed by
MN, aDn gave bonds To him; and the rey.na,.
Jaws eApIe>sly hold the Collector TeSpau.lal..
ioi he acts o. nis deputies. that. If OFT ne.
hiss been committed IN this case, IL as 4 ori ne
'tshte cgOf,St t.s toi':c or, Or a grsCci 0T tr,xt
ipt " Ilcu IL must se. I,-1s-s ~ =. sulL iu IN.
S'dTe CCnrts o; North CtEuitug.
BCer ti~Sr ciTcu!us' 'auc-s, ana in III.
absence OF proof that he has B-DH guilty @.
WiiiUl neslf Ct OF duty, At appears -nJI these i
rt probable cause to or Ii. We that the laws na -
Dt en 'ioiat. d. ANA jbat the defendant cannot h,.
'' iG to bail upon lhe proofs w-i5a have b-sl.
Inhibited.
II. defendant is therefore honorabiy dis
cL;I = Y. EDWia 4. BsOwS,
L. ;. Com r for tie BI>t ui Columbia
Upon the rendition of this judgment, Mr
Aoo!t ieit The Court WIN hi Trends, and in
nrdiaieiy thereafter the ConsllssIouer's Ole
"as vacated by all who had byen III a,teulal1.
pom the care.