Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1871-01-06

the stating of said account including all charges
ifany of the said Strong and Vivian shall be pait
10y the said George Ii. Otis
Resolued further, That upon the examination anC
of stating of said account herein provided
for, the said committee are hereby authorized anC
directed to divide the sum found due and in defau Il
by the said Otis to the county of Iowa, into three
equal parts and to take from the said Otis notes
| therefor, due respectively in one, two, and three
years from the date thereof with lawful interest
said notes to he signed also by good and sufficient
sureties at least ten in number 20 be appointed By
the said committee. And,
Resolred further, That upon the execution Of said
nUtes secured aforesaid, the shall be deposit
ted in the treasury of the county of Iowa. and there
fore. it shall be the duty of the district attorney
/ and he is hereby instructed to withdraw the suit
now pending in the circuit court of Iowa county, in
the of the treasurer of said county against said
Otis and his sureties without costs to either party
| and the receipt of the above mentioned notes into
the county treasury above provided for, shall be
| taken and deemed as substitution for and in lien
of the official hOnd of the said Otis and said bond
shall thereupon be deemed and taken as cancelled
and discharged and the said notes shall remain in
the treasury of said county the property thereof
PeSolred, That if the said committee shall fail to
under these resolutions by the fourth Monday of
September, next, the action pending upon the
official bond of said Otis shah be pressed to trial and
Judgment the same as though these resolutions had
not been passed.
Under Instructions of the board, the dis
trict attorney continued the civil case, and
entered noLle prOseQui in the criminal in
dictment.
During the summer of 1870, Otis made
a denomination of his accounts and set
Element with the board, but was unable to
discover any mistake or alter the balance
found due the county on his first settle
ment.
But so far Otis has failed to give the
notes with sureties satisfactory to the
board, as guaranteed by Gen. Cobb.
Having failed to give the notes, the dis
trict attorney was instructed to proceed
with the case against the first bondsmen,
and noticed it for trial at the October term
A. D. 1870. Mr.. Otis was written to,
and replied that he would be present at
court to give his testimony in the case
but he failed to make his appearance when
wanted, and the case could not be tried as
Otis is a very important witness. Since
court the district attorney has written to
Otis to know whether he would permit mis-
deposition to be taken, or attend our next
term of court, but so far has famed to clio
it any reply.
Your committee further report, that the
guaranty given by Gen. Cobb that Otis
should give notes for the amount with |
Sureties satisfactory to the board, was
verbal guaranty; that at the time it was
made the district attorney advised the
board to have it reduced to writing, as 1t
was verbal promise to answer for the
debt of another, and not binding ON Gen.
Cobb unless in writing; but the board de-
lined to follow the advice of the district
attorney, they having full confidence in
he verbal guaranty given by Gen. Cobb.
All of which is respectfully submitted
January 4th, A. DIST
H. VANDUsEN,
A. CAMPBELL,
T. NJ. JONES.