The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-07-16

junction, which had been issued, was served
Col. Field objected to the explanation
lgiven by the witness in asking the question.
Mr.. Semmes responded, arguing that the
Attorney General, by his previous examina-
ton, had opened the way for the explanation.
Col. Field responsibility learned and in
genious friend has wandered somewhat from
the issue. We are not trying the Funding
Board.
Mr.. Semmes- Then why did you read the
Funding Act?
Col Field-Because I wanted to, and you
didn't object There is a distinction to be
observed at once. In the information we
charge the Auditor with the fraudulent lssu-
ing Of these warrants and latter their issuance
the Funding Board could not come to his re-
lief He cannot invoke their aid, even if all
had told him he was right. No officer of the
State can throw around him any protection
no Attorney General nor Assistant; no, nor
double assistant. What authority had Lowell
going to him and say you ought to issue q
warrant for Sanford? Is this the defense ?
That because Deslonde and Lowell said Is
sue your warrants, Mr.. Auditor, and bring
that, he (Clinton) follows them up into the
board and there assists in the funding.
Mr.. VOORHEES, took part in the discussion,
complaining of the course of the Attorney
| Generals prosecution.
The Court-The only question is when .
question is put and categorically answered
witness can go on and state what trauspired
during whole meeting. The accused is
being tried for the issuance Of the warrants
to Benham, and the investigation should be
confined to it. I candidly state I don't be-
lieve it makes any difference whether the
witness goes on or not, but we are to come
| 4 70 xha CIV az rr1lo pfa
think it should not 60 on now.
Mr.. Semmes, addressing the Court, said
that he differed, as the examination had
taken so broad scope.
Col Field would like to be consistent in
this case. The gentleman has compromised
what intended by introducing the books.
The Court is laboring under q mistaken idea
about the issuance of the warrants. He then
discussed the reasons for introducing the &C.
ton of the Funding Board. He alluded
caustically to some remarks made by Mr.
VOORHEES,, and then entered into the question
OF evidence.
| The Court-The question of the funding
of these warrants is collateral one. The
question was asked whether anything accom-
panied the application of Sanford, and the
answer was "No." think the witness is
entitled to make his explanation.
Witness Clinton stated that the war
rants had been made out, but not signed,
previous to the injunction, aud the opinion
of the Assistant Attorney General was asked
as to the legality of funding them. He ap-
peared before the board and gave his opinion
that these vouchers having been audited, the
merely ministerial act was nothing, and that
they could be funded. He gave his written
opinion the next day.
| 1.-The application only was before the board.
Clinton said that the best way to do was to
get them out of the way-to fund them. l
saw those vouchers in Clntons office. l
couldn't swear the vouchers we're or were not
before the board When 1 saw the vouchers
I went to the Auditors Office to look at them.
had voucher, and felt an interest in It,
Some clerk took them out of safe. and
showed me- Immediately after the vote got
the bonds I was under the impression it
was Mooney, but as he says not, can not say
positively now.
| "They were brought there the same day. l
can't recollect who sent for the Attorney Cen
eral / couldn't swear positively who it WAS
| He was sent for the day before, and was there
the day of the funding.
"The Assistant Attorney General gave his
verbal opinion then. There were no vouch-
ers or warrants before him. Couldn't say
whether he made speech.
"The Governor could not have had notice of
this meeting of the Funding Board, and was
not there / can't recollect who made the
motion to fund the Sanford warrants. If
am not mistaken, the Auditor was in the
chair and Lowell, Deslonde and Dubuclet
were present. have spoken about Sanford
before"
At half past l recess of half an hour
was taken.
After The Recess.
At 2l5 P. M. the court opened again, the
judge jury and attorneys all looking about
| ITO in the shade.
Mr. Drury on the stand.
The Attorney General turned the witness
over to the defense.
az was clerk of the board until the close
of the year. was not there in 1875. The
warrant matter was discussed at both meet
ings, 28th and 29th. I could not swear the
vouchers were before the board. The dis
cussion was as to the injunction issuing be-
fore the warrants were signed. Their charac-
ter was also discussed. The argument used
| then in their favor was that they were legis-
lative warrants The Assistant Attorney Cen
eral was present at the meeting of the 29th.
The discussion about the warrants was at both
meetings. The first meeting lasted about two
hours, or perhaps less Nothing else was
done at the second meeting. At neither
were objections made as to the business Of
the warrants. Inc only poiHt Was Iuae luo
Injunction was issued before the warrants.
Re direct-Being shown envelopes with
vouchers, says:
AZ did not see any packages like those be-
fore the board. If they had been there I
should probably have seen them" After ex-
aiming the vouchers, says: 81 did not see
any of these there.
| Gov Kellogg was next called:
81 was in the city during the spring. sum-
mer and winter of rs, excepting some few
days in June and July. approved the Cen
eral Appropriation bill of '74as soon as / could
get hold of it.
81 don't remember having any particular
conversation with the Auditor and Attorney
General about the Appropriation bill. 1t was
subject of general conversation. 1t was
very likely did. must have had. l don't
remember any special conversation. When
these bills came to me for consideration, l
thought many sections were unconstitutional.
"The' Auditor and the Attorney General
had their attention called to certain items I
think, but l can't specify exactly. Some
sections were specially exceptionable. I used
to see the Auditor and the Attorney General