The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-07-03
THE CLINTON CASE.
FOURTH Day.

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There was not at the opening of this caus
cele5rs Friday morning SO much of an attend
ance as on previous days. The benches il
the lobby held only comparatively few of tn
curious, and even their attention did no
seem confined to the case as much as lookin,
at His Honor
Owing to the hardness of Mr.. Semmes th
opening was delayed for some time. 1t wa
nearly IL o'clock when the witnesses wer
called, and but few of them were fount
present.
The Attorney General asked what return
had been made to the order requiring thu
books of the Board of Liquidation.
P. G. Deslonde was called, but not being
present deputy was sent after him and the
books.
The Court asked if the State was ready t.
proceed, when Col. Field said he was await
ing the arrival of the books of liquidation.
Judge Hawkins then intimated that thu
case had already taken up considerable time
The Attorney General responded that be
was not going to be driven at railroad speed
It was one of great importance and ought
not to be hurried through. He proposed tc
go deliberately through the testimony and
would not be pushed.
| The Attorney General then called for o
copy of the letter to II. G. Dibble from the
Auditor. Clinton's letter book was brought
forth and the document found. More delays
ton, and q general preparation for the open
ing Of the fray.
The letter was then offered. It was dated
August rs, 1874. 1t referred to an injunction
obtained by Col. Field, and the fact that Geo.
G. Benham had warrants to the amount Of
$22 000 Before these warrants were signed
the letter states the Auditor was compelled to
leave the city. The Auditor requested the
Attorney Generals opinion concerning the
legality of the warrants
Mr.. F. Dubuclet then took the stand and
stated that he desired to make On addition to
his testimony.
He said: stated yesterday the reason the
Longstreet warrants were not received at the
Treasury was because there was no appropria-
ton. / wish to add also that it was because
there was nothing stated in them as to the
cause Of their issuance. stated that did
not know the amount of meney coming in
from tax-collectors to the Treasury. In 1873,
can not tell now without reference to the
books, how much money came in. I have no
means of knowing except through the officer.
Every thing received is on the books. On
Mr.. Campbell's books all the tax-collectors
names are.
In the settlement of the tax collectors and
the payment of moneys into the treasury by
them, the books don't show in the treasury
how much is for tax and how much for penal
ties.
In the accounts of Clinton the orders do
not show which is penalty and which is prin-
cipal. only have to do with the bulk Of the
amounts. #s
No cross examination.
Mr.. Deslonde's assistant here put in an ap-
pearance with the books of the Board of
Liquidation, and the attorneys for the State
at once hastily examined them.
Numa Durand, of the Secretary's Office,
was then sworn.
am the keeper Of the book of the Board
of Liquidation. 1t is now in my custody.
Mr.. Deslonde is absent.
The Attorney General then read from page
20. At a meeting, August g. 1874, of the
Funding Board, it was resolved that in pres
ence of witnesses the Board do proceed to
burn all Cancelled Indebtedness, and then ad-
journed. Present Clinton, the Speaker of
the House and Secretary of State.
Another meeting. The Colonel said he
would read the military minutes of this Board,
SO short and concise were they. Afler going
through several days minutes and making
several humorous remarks. Col. Field gave
up the book, saying that this was a sample of
how the Funding Board operated. The min
utessay they met and adjourned, and that's all.
The court room now began to fill up, and
in few minutes the lobby was much crowded.
The State offered the book IN evidence con-
tanning the minutes of the three days on
which witnesses testified the Benham war
rants were funded, showing there was nothing
then mentioned.
The Attorney General called for the book of
The Auditor showing whether the funds
against which the Appropriation Bill was
drawn had been drawn before the Armstrong
warrant was made out.
Mr.. +. Galloway was swOrn-I am q broker
IN his city, and have been for ten years, since
1865. l know about the Pinckney Smith
and other State securities. He was
lsked what they we're selling for on the streets
n March. 1874
Judge VOORHEES, objected, stating that it was
40 matter how they were selling on the
streets. This was matter between the Aud
tor and State.
Col. Field-Throughout this case I have
,een met by objections not unlike this. The
object of the State in this case is to show that
he issuance of these warrants of $135, coo
vas violation of the Auditors duties.
wish to show that the vouchers of the Pinck- |
ley Smith time were worthless on the Streets
ome, and many in fact, of them forgeries,
md want to show that the Auditor knew |
hey worth next to nothing. The gentleman |
avs no, you Can not show that these were |
Illegal.
The Court-The suit was to make the |
AUDITOR liable for taking money from the |
state treasury without warrant of law. If |
3 shown that he issued warrants without any
light in law whatsoever he is responsible, but
'ou can't hold him liable unless you show
70 issued warrants entirely outside the law. !
Is to the value on the market of Safe Sc.
urity, that has no bearing on the case.
Col. Field don't think your Honor COM
rehends the question. The very essence of
be case is exactly this, whether this issuance
+ warrants was legal or not, this is the gist
f the whole case.
We want to show that the Auditor has issued
legally warrants, and it makes no difference
neither he pretended it was under color of
be law or not. If he acted under an uncon-
law he is at fault 1t is his duty to
crutinize the laws and he can always invoke
he unconstitutionality of law to refuse
uditiug debt.
Judge VOORHEES, responded on the question
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