Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-06-30

An editorial appeared in the APPEAL
Of Friday morning in regard to the legal
proceedings recently pending before the
Hon. Irving Halsey, Judge, etc, tc
which / did not deem Ii proper, while
such proceedings were stnl undeter-
mined, to make any reply.
Judge Halsey has affirmed the de-
eision of Judge Flippin, upon the ground
that the Grand Jury waited upon ms
and demanded an examination of my
vouchers, which I declined, or refused
to allow, etc., and that they did this
under an order Of the court, etc. On the
case before Judge Halsey / was con-
cluded by the record, and could not be
allowed to show the true state OF the
facts: ETfE TTFfT
First-The Grand Jury never did cali
upon me for such vouchers, or for any
other purpose.
4 SecondI was never served with any
copy Of the order Of the Criminal Court,
and was never advised Of its existence,
and am committed to jail for refusing
10 obey an order which / never knew
had been issued or made.
Third-A committee of the Grand
Jury came TO my Office saying they were
such, asked to see my books, etc. i
opened them out for their inspection,
and offered them every facility t ex-
emine them. They asked for my re-
1 ceipts, and / said that / could not pro-
duce them, and gave my reasons for not
doing 50, which reasons appear here
sitter. / stated the same to Judge Flip
pin, but could obtain No indulgence in
regard to the production Of my own
private papers, and those not then in
my possession, and was forced to plant
myself Gu my legal rights.
As to the other facts, or what are re-
cited as facts in Judge Flippin's judg-
ment, l will take occasion hereafter to
speak, and show to the people Of this
county how it is that / have been
brought into contempt of COURT and
in the meantime will endure as cheer
fully a. j can the penalty for doing
what / deemed proper self-respect de-
manded. =
One portion of said editorial contains
statements rejecting generally upon my
conduct as an officer, to which l deem it
due to myself, and the public generally,
to make a reply. 1t is as follows: In
stead Of doing sthis, Mr.. Mclean
has resorted to every expedient to
battle an investigation of his books and
vouchers. 1t has been said that three
millions of dollars have passed through
his hands, and the people are anxious to
have q settlement, as required by law.
The charges of Comptroller Penne-
baker, the reports Of the late Grand
Jury, the investigations of the pres
ent Grand Jury, and what we hear
from the committee appointed by the
Taxpayers Association, do not speak
well for Mr.. Mclean as a public func-
tionary. The Supreme Court at Jack
son, Tennessee, has just decided against
Mr.. McLean's claim for fifteen thou
sand dollars commissions. Having used
this money under the belief that it was
his own, be is certainly q defaulteI to
that amount.r / cannot believe my
friends of the APPEAL would Intention
ally 90 me an injustice; and 1 al only
say they have been grossly misled.
/ will state briefly the facts, and leave
them sad a fair and candid public to
judge:
FIrst-I have resorted to no expedient
to " battle investigation" On the con-
trary L have placed my books and every
public record of my Office in the hands
of the Grand Jury, and they have had
them for about two weeks in their pos
session. They have no right to take
them from my possession, but l have
allowed them to retain them to facilitate
their investigation.
Second-My receipts are my ou7l pri-
Udte property. l believed, and still be
lieve no court, Grand Jury, or any other
authority has the right to take them
from me, or to inspect them, but to give
even my enemies a chance to find any
flaw or discrepancy in my records. i
proposed, both by myself and through
my counsel, to allow this matter to stand
until Friday morning next, when Gen
eral Williamson, my clerk and deputy,
who is Temporarily absent from the city
a wedding tour, and who has nearly
every receipt / have taken in his posses
SIGN, will be here, and that he should
take every paper I have in my possession
or under my control before the Grand
Jury, or a committee thereof, and go |
through every n of them, including
my private bills and papers if they de-
sired, until they were thoroughly salts
fed. This proposition was declined, |
and 1 was ordered by Judge F1ippin, by
a verbal command from the bench, |
to bring such receipts as 1 had
in my possession and some that / never
bad, and that never eristed, instanter
the Grand Jury. The order was
so unjust and oppressive that l declined
to obey it; was condemned without a
hearing, and was sent to Jail without
any process of law whatever. On that
proceeding / was discharged because /
was held in custody in violation of law,
and was then again arrested on the same
Of contempt. Upon the second
hearing / was charged with two causes
Of contempt, of which / never had any
Information or hearing, and upon one of
hem was remand to prison by Judge
Halsey.
Third-Nothing like the sum Of three
dollars has euer passed
my hands. As to what /
have handled during my term Of office,
have accounted for every cent received
BY me according to law.
Fourth-Comptroller Pennebaker has
never made any charge or insinuation |
me as far as / know.
Fifth-"The report Of the late Grand
50 far as | was concerned, was
'uch an apparent blunder that it has
)assed away from the notice Of the peo-
DE, and now needs no comment.
Sixth-Although under no obligation
o do so, l furnished the committee of
he Taxpayers Association with a full
md complete statement. They have
made any report, and ifthey have
found any errors or discrepancies in
statement, they have never informed
ne or asked any explanation Of the
anne.
Seventh-There was a difference of
between the County Attorney
nd myself as to the amount of COM
Missions l was entitled to. To have the
natter fairly settled we made an agreed
.ase, submitting the question to the Su-
'reme Court that it might be decided
any delay. / only claimed
Messrs. Bleckley, Powell, Conner,
iarvin and every preceding Tsx-Collec-
or not only claimed, but received. 1t is
rue, as / am informed to-day, that they
ave decided against me on that ques-
ION. The result is l am not 70 rich by
bout fifteen thousand dollars, as 1
bought I was, and will be short that
mount to spend among the people, and
viii have to run SIS the "poor mans
But if such is the fact, /
m ready to pay W the money the
moment the decision Of the Supreme
,ourt comes here officially. 4
Eighth-Fully approaching the kind
v intererest Of my friends of the AP-
in my behalf, and particularly
heir friendly anxiety to doppose me
,nly on political grounds" and to quiet
hat anxiety, I can assure them, as well
8 the public, that the present attempt
'icr1fsh Bin McLean'' will result as all
ormer efforts of the kind have done.
1t Is too hin |,
And Il won't win /
'efore the people of this county.
II a defaulter, let the Grand Jury
t once indict me. There can be
Ound, just now, plenty of per-