The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-07-15
lcuss the case. His mind was entirely un-

cuss the case. His mind was entirely I'M
biased. Accepted.
Albert Bertrand, lives in the Third Dis
trict and is a cigar maker Can not read and
write. Has served on juries before Never
heard of the Clinton case before. Didn't
know there was such case before. Challenged
by the accused.
Emile Lang is matchmaker. Had read
about the case in the papers, but had no bias
Accepted.
VIM Joyce.-Had read about the case, but
never expressed an opinion, but had formed
one. Should be guided by the evidence.
Somebody had robbed the State; he didn't
know who. Accepted.
This completed the jury.
The jury is as follows: w. V. Lewis, Jere-
miah OKeefe, F. Krass, Jno. Mcnamara, s.
Esnard, Michael Grinnen, Henry A. Hamilton,
Jno. Mullen, Pierre Cazenave, Martin Kram-
mer, Emile Lang and VIM. Joyce.
Deputy Clerk Adams then read the inf }rm-
alton which was listened to with marked at
tention. The information charges that Gin
ton did knowingly issue warrant not
authorized by law on the Treasury of the
State in favor of one G. W. Benham for the
sum of $34, 500, and that Charles Clinton
him, did with force of arms, settle and war;
rant on the Treasury for the above sum con-
trary to the statues of the State.
The Attorney General said that before they
proceeded further, he desired to amend the
information from Geo. W. Benham, so as to
read Geo. c. Benham-a mere clerical error
1t was so ordered.
The Attorney General then opened: May
it please your honor, | consider it my duty
before I proceed to lay before you the evil
dence in this case, to read you the law upon
which it is based, and also 10 state to you the
line of evidence we shall follow.
1t is unusual in this country, and it is rare
that we see such high officers arraigned
before courts of law for high misdemeanors
1t is compliment to the State l congratu-
late you gentlemen, that twelve men could be
found in times when mems minds are agita-
ted by public questions whose minds have
not been poisoned by newspaper articles.
1t is true, however, that men should keep
thoroughly posted about what passed about
them. I shall now read to you the law bear
ing IN this case 1t is from the 81 section of
the act defining the duties of the Auditor.
(He here read the statute) This is a very
broad and comprehensive section, and bears
upon every action of the Auditor.
Necessarily this investigation will be very
long and tedious one, and will doubtless ex-
tend over very long period OF time. The
gst of the offense charged is that the Auditor
did, without warrant OF law, issue these Ben
ham warrants. That he, instead of doing his
duty as the sentinel, the guardian of the
treasury, he illegally put out these evidences
of Indebtedness
In the first place the State alleges that
Clinton did issue fraudulently to George G.
Benham warrants to the amount of S34, 500.
Now, the statute which will now read from
10th section of Rays Revised Statutes, for
bids this.
The vouchers from 1869 down could be
manufactured by the trunk full. So this
statute was enacted so that this could be pre-
vented, and they all had to be examined by
the Auditor. This was the purpose of the
law. Now we will show that the Auditor was
directly enjoined against issuing warrants in
favor of these fraudulent vouchers, and
had notice of their character. These
were characterized as the Pinckney Smith war
rants.
now give notice I shall refer to the pro-
ceedings from 1866 down, and shall select
such portions as 1 may see fit.
will show that the act OF 1873, approprl-
ating sos, 900, absorbed all the outstanding
vouchers, be they Carter vouchers, Pinckney
Smith warrants, or anbody else's.
We will show you, gentlemen, that in June,
1874, the Governor issued proclamation
calling in ell the outstanding warrants at the
of the Auditor.
These vouchers upon which Clinton issued
the warrants were not presented. Afterwards.
however, gentlemen, this $13S 600 was raised
from ths dead and the Auditor issued the
States warrants for it. Another thing is that
out of that large sum there was S131, ZOO in
favor of one man, this J. Pinckney Smith, a
man who had long gone out of office. Was
not this enough to put him on his guard?
Gentlemen, may not be able to prove, but
it is inferrable, from my evidence, that the
Auditor had inserted in the law a clause
allowing him to issue these Benham warrants.
I will further state that these vouchers pre-
sented by Benham, parceled out in sums to
other persons credit, was in purpose the
carrying out of system of fraud deliberately
Matched by those vuItures on the Treasury.
I will show, gentlemen, that before the ink
of the Auditor had dried upon these war
rants, that ink and pen which had given them
life, these warrants passed out of existence
into consolidated bonds, and the traces of
them were cut off.
The guilt of the accused in this case must
be discovered the same as in other cases. In
the case of a man charged with knowingly re-
ceivng stolen property, it is impossible to
prove exactly that the accused knew the goods
were SlOlen, Out tue burIouuuiuS CAIcum-
stances must be taken in pointing to it.
How much more vigilant should the Audi
tor be, public official. Now, gentlemen, 1
will have to submit to you many documents,
and this is about the line we shall follow.
You will then have the case before you, and
the State wants nothing but justice. He then
closed.
The Court then informed the jury that a
recess would be had, but, as although the
case was merely a misdemeanor. it was neces-
sary, from the importance OF the subject, that
the jury should stay together
At 1920 recess of half an hour was taken.
After the Recess.
At LOO Judge Braughn assembled the bench.
and the jury came down from their rooms.
The crowd in the courtroom had fallen off
somewhat. yet there were many still present.
Mr.. McPhelin was sent for.
The Attorney General called for the books
and vouchers of the Auditor. and then put
Mr. F. NJ. Scholtz on the stand. who stated;
g was, in the spring and summer of 1874,
the Chief Clerk of the Auditor. My duties
were the general supervision of the office
It was my duty to examine vouchers present
ed for warrants to the Auditor. There was