The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-07-16
THE CLINTON CASE.
Second Day.

Il 0CSVAu D0ys
The Superior Criminal Court room yesterda,
morning did not present at opening such
spirited appearance as on the first day. TIL.
crowd was of a better character and very
select, representing highly respectable por
ton of the community.
Clinton was in his chair long before the
Judge took the bench, looking exceedingly
we'll, and showing as yet little wear. The
attorneys for the defense were busy with pen
and ink in their places, making up their case
from voluminous manuscript. Attorney Gen
eral Field showed somewhat the effects of the
heated term and looked fatigued.
At halfpast 10 o'clock Judge Braughn ar.
rived, and after the minutes had been read
the jury were brought down from their room,
apparently having passed a pleasant night.
They. were all armed with twenty.pound
rifle fan and piled them vigorously. Wands
was asked for but the Off reported that he
had not been found. The Attorney General
said he was in the city and had been seen.
| F. M. Scholtz was called to the stand again.
Col. Field offered first in evidence an execu-
tive order calling for the presentation at the
Auditors office of all vouchers and claims
and also offered the report of the Auditor for
1874, and read from it extensively to the jury,
showing that Sal, 400 so in vouchers had been
preser ted under the order, and some $4,000
rejected.
Mr.. scholtz says: Looking at the report, 81
do not find here any of the vouchers in court
| in this report as passed. None OF them.
| Col. Field turned the witness over to the
defense.
There was no cross-examination, and the
witness stepped down.
The State then offered the record of a suit
filed in the Superior District Court enjoin-
ing the issuance of any warrants filed March
II, 1874, all tending to show that the Bsnham
warrants were issued.
| Col Field-Now, upon the petition, writ
was issued restraining the Auditor and Trea-
surer from issuing or cashing warrants under
the legislative appropriation. Thinking that
did not entirely cover the whole ground, ]
fled supplemental petition, alleging the to-
tai unconsti tuition ,lity of the Appropriation
Act. HE here read this supplemental petition,
filed both March.)
Gentlemen, the writ was then issued as be-
fore said, and service was legally made upon
the Auditor and Treasurer, and after the
ipjun ction had been served the warrants were
issued / now desire that the books of the
Funding Board be brought in. An order was
issued.
The Appropriation bill was then introduced
in evidence, and the attention Of the jury was
called to it.
Col Field then reviewed the appropriation
bills from 1870 down, showing the sums
allowed each year for legislative expenses.
Gov. Kellogg was then called for, but being
absent, was sent for and whilst waiting, re-
cess was had.
At Has the books of the Funding Board
arrived.
George Drury was called to the stand. He
said: was Assistant Secretary of State and
clerk of the Fanding Board in August, 1874.
Examining the books of the Funding Board,
says: Here is where the $138, 900 was funded
There WIS no regular day of meeting at
that time. They would adjourn from one day
to the next, but there was no resolution fix
ing day of meeting, so far rs can recollect.
However, there was, afterwards, some day
fixed in each week when could tell.
1 recollect the circumstance of funding the
$1380O0 There was written application
for funding made This was not kept. They
are not matters of record, but believe one
copy il given to the Auditor. These applica-
tons are always written. They are only kept
as matters of minute. When the funding
has been completed the Auditor I believe in
dorses the application.
After the warrants are funded the bonds are
delivered by the Auditor. The appropriation,
as it comes to the board, and its action is in
dorsed favorably or unfavorably. and the
owner takes this application to the Auditor
and gets his bonds. 1 believe this is the way
it is done.
know Sanford. He was employed by the
Building Association. by the President, Ben
ham. Benham was not present at the
board. I think he was in the city. The
Governor, ! believe, was here, but can
swear he was not present at the funding. 1
did not know that the Governor was here.
can't swear to it because he might have gone
away.
looking at the books of the Funding
Board.) The Auditor was in the chair in the
meeting, August 26. The 9th day was fixed
tor the destruction of warrants, and the blank
place was left in this book to put in the pro-
ces verbal of the destruction / didn't
feel like copying them, but the process verbal
was made out in duplicate. If there is no
record Of it there was no meeting on the 9th.
/ don't know what was the rule in giving
any member power to call meetings. 1t was
well known among members, and members
woHld notify one another.
The minutes show that the first evidence
of Sanfords application was on the 9th.
This other blank space was left for nothing.
There is 10 blank space between the last
motion and the adjournment / don't want
any one to insinuate it.
Col Field-Before examine this witness
further desire to show you, gentlemen, the
character of the book. By the minutes, the
board on the 26.h adjourned to the 9th, but
no meeting is shown. The next meeting was
on the 28th, and the minutes stf to that "we
will take up the application Of Sanford to-
morrow.
Witness-I don't recoliect positively what
member brought up the application for fund
ing the $138000.
[Some little interruption took place rela-
tive to what the witness said in another
court
have sestif d three times in these cases,
but have never read the testimony. / don't
know who it was that brought the matter OF
the warrants up; but / am under some i'm
preston that Col. Lowell was the first to
speak of it. I can't recollect whether l said
in the Superior Court that the Auditor had
presented the case.
Mr.. Semmes objected, that a'witness could
not be questioned about evidence given by
him and taken down, when he has never
seen it.
Col. Field II would not have put the ques.
ton under the rule.