The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1875-11-10
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examined and found def cheney.
From my experience I had an idoa
of what should have been2collooted,
The first OF second right--thinking
that the money WAS not rs much as
it should have been, I searchcd--I
said nothing to my clerks---I- L re.
turned after the penalty, was put on
{ I continued to employ Mr.. Rabb and
! Mr. Hagood. But Mr.. Aiken was
not i'll my Office after my return.
l did not say anything to the
clerks about the loss.
Rcdircc, Eru,niuutiou---NIys salary
WAS $4,000. L Mas treasurer three
years. The extras wore usually
$500 year. My mothor lives in
. Washington. ....
DR.. Peake was called for the de.
fence. He testified that he was tho
fAthc:-:n-law Of the defendant, tcsti-
fled to having lent the defendant
money. and to aiding in tho support
Of the DEFENDANTS family. Don't
know that defendant owns any prop
crty. The testimony here closed
Col. Rion opened for the defence.
The offence with which tho defend-
ant is charged is different case
from the State losing tue money by
him, and also different from tho
charge Of not turning the money
over. though incSuding, it. The
charge isnot only that he is guiley of
breach of trust, but also with\ Il
fraudulent intent. A simple brea&
of trust will not DO sufficient. It
must be proved that byhis o'cn act,
ana not by negligence, he had de-
raldci the State, not simply that
the money w.,s lost in his Office, but
that he took it. The intention Of
committing fraud is necessary in
-;rcdicnt. Counsel then continued
argument to show that the criminal
inten5 wAa wanting. "Whcrc have
You any proof to show't that tho de-
fcndant has defrnudcd tho State byjl
using this money. ! know that fdu
ciary Officers now in the State whore
a great deal of stealing is going on
are objects of ersr.clun, and hence
case of this kind appe,rs before the
cnllt with the olium of tho public
resting Oh him, Yet it mny be that
when nature gave this mm the face
Of ''aI honcst man, it did not lie,
it may be Tat We can show that
though this money has been lost,
still it WAS not taken by tho defend
ant. Juries should not h>>Ilasty.
In the North recently, after n bank
President had been imprisoned
for years for enbezzlemcnt md had
dicI, yet years after on tho death
Of the cashier, whose testimony had
convicted him, the house of the
,shicr WAS pulled down and in nh
old oven in the cashiers house was
foun:! tho identical package that WAS
lost He cited other cases TO wei Il
jurics not to be hasty,
Now if Mr.. Smith haul taken
$4,000 and gone off to Washington
or Baltimore, would he havo been
fool enough to rctlun to this little
town. If he took &1S,O00, why did
he not take tho other $1,000? This
h" could have done very easily.
He tcstities that he worked night
after night 10 see if thcro was dc.
/ ticit, ard when ho discovered one he
went immediately to tho Office of the
Comptroller General and tells MI
about it, ..a
Now, gentlemen, you may hevc
heard rumors that Mr.. Smith has
money. Where is the money?
Who're is any proportye If there
were any, why did not the State
prove it? It seems TINT hc has
spent his $9,00O--his 3 years SALARY,
and has nothing. How the house
he now lives in was bought, you have
been shown. How could he have
used up the $4,000 i'll three
months?
, Now, we arc not compelled
show where this money went. In a
; civil action for damages we would,
but not in Il criminal case.
Counsel then explained tho de
tails of the combination locks, and
then devised IN ingenious theory to
show thnt my one one with good
car may have entered in tho dead Of
night, nnl by turning the combina-
ton md nttontivcly listening might
/ oasily have opened the safe. 1t had
been proved that o gcntloma, had
once opened the lock without know
ing the combination. And this fact
having been known publicly some
wickcdly disposed person entered in
and stole this money. 0.., ,......'
The counsel noxt proceeded to
account for q part Of the money. For
in estimating the loss ut $4,000
Tho Comptroller General allows q
credit Of only $31, 900, and yet tho
State Treasl1er swears that he re-
ccivcl $37,77i, and this accounts
for over $4,000.
"In conclusion woclaim That though
VIC have been unfortunate, we have
not been dishonest We do not
charge any of tho clerks ih tile Office.
} We blame ourselves for negligence.
That is all.
n f. Il = n.i.