The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1875-04-29

committee appointed by the council of
said plaintiff, and aller full and careful
examination by said committee reported
to said council, and by a unanimous vote
of its members approved and confirmed.
That the defendant, during the ent 70
time of his membership in said commit
tee, and of said board, discharged, by APP
pointment, the duties of Secretary and
had the management for the construction
of said works nearly entirely devolving
upon him. That the plaintiff executed
and issued all the bonps provided for in
said ordinance. That neither said COM
mittee or trustee had anything to do with
executing and the issuing Of said bonds
That the plaintiff, by its proper officers,
placed in the hands of this defendant
from the commencement to the end of
his ofIiCipl term as member of said com
mittee aid said board Of trustees of said
bond amounting to the sum of one hun
dred, five thousand and eight hundred
dollars and no more, that ninety-seven
thousand, three hundred dollars of said
bonds bore interest at the rate Of ten per
cent. per annum, payable semi.annually,
for the purpose of disposing Of or nego.
tiatng the same for currency. That un-
der the direction, instructions and author.
ity of the plaintiff, this defendant did dis.
pose of said bonds in accordance with
their tenor and effect, and realized in
currency thereon the sum ofnincty-seven
thousand, three hundred dollars a sched-
uIe of which giving the date of their is
sue, to whom, and for what amounts re-
spertively is hereto attached and marked
as Exhibit "a"
That the amount of eight thousand
FIVE hundred dollars, this defendant re-
ceived from the plaintiff, he applied to
the payment Of water-right, three thou
sand five hundred dollars. To Holly
Manufacturing Company, two thousand
dollars. To Hill & Adams, three thou
sand dollars, that said $S,5OO'0O bonds
bear interest at the rate of seven per
cent, schedule of which is also attached
to said Exhibit "A"
That said plaintiff received a credit of
said parties for said bonds in the sum of
$S,50000. That under the direction of
the plaintiff, this defendant deposited the
proceeds Of said ninety-seven thousand
three hundred dollars in the Savings De.
post, ana First National Bank of Canton,
Ohio, also the sum of two thousand seven
hundred ffty-siX 87-l00 dollars received
from the Treasurer OF said Stark county
to the credit of the plaintiff for the pur-
pose already stated That a S hcdule
containing said deposits, when and where
made, and the amount of each respect
lively is hereto attached, marked as Ex-
hibit "B."
That on said deposits this defendant as
Secretary aforesaid, issued checks on said
bonds, payable to different persons and
parties, for the payment of work and la
Dor done, and sundries materials requi-
site for the construction of said works.
That in each and every instance before
payment was made, as stated, this defend
ant fully satisfied himself of the correct
ness and validity Of each and every claim
presented, before the same was allowed
and paid. That schedules, fer each pay
ment for work done and materials fur
nishel are hereto attached, marked Ex-
hibit &c" and "D"
That the defendant had full authority
to make such payments from the plain
tiff and the two other members Of said
committee and board of trustees. That
all the payments so made amounted to
one hundred, one thousand and six hun
dred, twelve dollars and fourteen cents,
That at the end Of each and every
month this defendant laid his monthly
account before the said council, and had
the same published in one of our city pa
pers. That this defendant also drew sew
eral orders on the Stark county Treasurer,
in favor of the following persons, for the
sum attached to their respective names
hereto, which were paid by him:
1869, Dec. 80, To Holly Manufacturing,
CO.. Tor INT ,,' ,:.','''..''';:','':,'.''''S 1OVV
1870, Jan. 6. To Peter PieTOn, for int" $3.50
1870, Jan. 8. To Jacob sprankle for init. 1880
1870, Jan, IL, To Jersey City Pipe CO.""". 4OOO05
a,2250O
Whether for the last item an order was
issued or placed to the credit of the city
without an order, this defendant is not
now able to state.
He denies that he refused to account
for $4,0O0.00 received by him from the
City Treasurer or for any other sum that
he was bound to account for, in the faith
ful discharge of his trust
Defendant denies the statement of the
petition that he "did not, from day to
say, or from time to time, make reports
to the city council, or any officer of the
city; so that correct accounts could be kept
of their receipts and disbursement" and
he denies that defendants have rendered
mo accounts between themselves and the
city,"
Defendant says that he has no funds
belonging to the said plaintiff. He de-
MES that he is properly chargeable with
any funds or property of any kind what
ever, belonging to said city which came
into his hands, or under his control, by
reason of his official connection with the
water works of said city. He says that
he faithfully performed his whole duty,
in his connection with the said water
works, according to the best of his skill
and understanding; that he did so to the
neglect of his own private business and
because of his interest and pride in the
matter, as citizen of Canton over and
above any reward or any hope thereof of
pecuniary nature.
Defendant not herein waving, but ex-
pressly reserving to himself all his legal
rights in the premises, and protesting
against any right of the plaintiff to de-
mand or have an account with the de-
PENDANTS, or either of them, does here
with of his own motion file with, and
make as part of his answer stated ac-
count of his receipts, disbursements, sales
Of bonds and all other financial transac-
tions done, made and performed in the
execution and discharge of his trust, in
the management and construction of the
said water works, from his first Connec-
ton Herewith until its close.
Defendant having fully answered, pro-
tests against the right of the plaintiff to
have this case referred, for the purpose
of compelling this defendant to state an
account as demanded in said petition, or
for any other purpose whatever, and he
prays to be hence dismissed with his rea.