The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-07-03


are exhausted in recovering money taken from
the State, that is all
Col Field-Then will the Court be kind
enough to tell me how you can recover on
this bond given by the Auditor. l am like
Shylock, want the bond.
The Court-Shylock wanted drop of
blood, too.
Col. Field-We don't want any blood.
The Court-"Then you want flesh"
The objection of Clinton again sustained.
II can't permit this taking up the time of
the Court"
Col. Field am entitled to have ruling
on the objections taken, and the Court has no
power to drive me except an arbitrary one
don't think the Court is justified in that re-
mark, that the testimony is absurd enough to
be taken down. The attorney has always the
privilege of differing from the Court
long side talk was here started and kept
up for some time; all about the street value of
| warrants.
The Attorney General called again for the
books of the Auditor. to show the dispurse-
ments under the Appropriation bill, and the
witness Galloway stepped down and out.
The hooks were brought in. Ashort recess
was taken at half-past IL o'clock.
Upon reassembling Judge Cotton was
across the street seeing man, and dep
uty sheriff was sent after him, at the request
/
s. II Houston was called to the stand-I
live in New Orleans I was tax collector for
st. Tammany parish in '734. was ap-
pointed in May or June. I settled with -.
Here defendants attorneys asked under
what allegation the State was proceeding.
Judge Cotton said under the general one
referring to the many settlements he had
made.
settled with the Auditor in July. paid
little over $1400-no warrants. didn't re-
ceive any warrants, and didn't give him any
gave Mr.. Dubuclet S44O and the Auditor
SAL Sc altogether. paid cash to Auditor
$685. I think it was not in check, blu
in money am not right sure settled with
the Treasurer and Auditor at the same time.
gave the Treasurer check. The next set
Element made was between the LIST and 10Th
October. / paid then to the Auditor either
1892, or $3.50 in cash. I settled in cash. l
don't know whether this was paid into the
Treasury in cash. 1 was near the city and
came here every week. I handed him my
collections and took my receipt
1t was near the end of the year.
Mr.. VOORHEES, objected to the witness
reading from his memoranda. Sustained.
I settled in money last with the Auditor. II
paid either $500 or $500; don't know
which. The two last makes about $4,000. II
think some might have been in checks. had
some money in the Bank of America. After
that l kept in with my brother-in-law. I
drew from my box and paid up. There may
Nave been some checks. My final settlement
was the Sd of November.
Mr. Rice objected, and asked under what
allegation they were proceeding.
Mr.. Bartlett read the petition, and Judge
Cotton said they were going to connect his
testimony with the Armstrong warrants.
The Court asked what was the question.
MI. Rice said that the allegations referred
10 the year 1873, and the State could not
prove events happening in 1874, under the
pleadings.
Judge Cotton-We allege in our original
petition that Charles Clinton retained, in |
1873, in his hands, moneys belonging to the |
State, and that he still retains the same. |
Gentlemen. I propose to show that you have |
got this money in your pocket, and am 60 |
ing to prove it.
Judge voorhies-The evidence sought to
be elected is not that the Auditor has moneys |
now in his hands retained since 1873, but |
that he received it in 1874. If they wish to
prove anything outside the allegations or
prove settlements with tax collectors in 1874, |
we will not allow it.
Judge Cotton-We don't desire to do any
thing of that kind. When the proper time |
arrives for us to inquire into the matter of
penalties we shall be prepared to 60 into that.
The Court-This is the same question
again. This is what has been repeated again
to make the court an investigating committee.
This is the wrong forum. One side wants
to make out Mr.. Clinton a very bad man, and
the other wants to show he is a good one.
There seems to be some collision between
the parties in order to have an investiga ion
before the Court The Auditor is not charged
with unlawfully disbursing, but unlawfully
receiving.
Col Field-Would your Honor allow me to
say for one minute 1t was proved yesterday
that the Auditor settled with Houston, and
that he was somewhat behind. The Auditor
had, under the law, the right of settling with
short tax collectors He did so with Hous-
ton, and l want to show he received money
and turned over warrants.
Mr.. Rice - The testimony has already
shown that the settlement was made in 1874
Now there is no allegation as to that. This
case has been tried like great many others =
not prepared until it was opened in Court.
No two of the attorneys of the State agree as
to what allegation they rest on.
Mr.. Mari have no desire to argue the
case but desire to reply to the remarks of
A~SAASA
sion between the attorneys. / wish to say if
there is, am not party to it.
The Court don't mean that there was
any agreement; mean simply that, from the
nature of the action, there seemed to be an
about an investigation. Too
much time has been taken up in the dis
,ussion of incidental questions.
The evidence was admitted.
Houston-I cannot cay whether 1 paid in
October; whether I paid the 1914 or the
$500; but am certain it was both amounts
n 1873 I paid 1t all amounts to $5572 16,
md taking out the $780, leaves $5172 16.
made my settlement with the Auditor and got
ny quietus in the winter of 1874.
gave Clinton warrant in my settlement
Judge Cotton-Examine this warrant-one
II the Armstrong ones-and say if that is not
7our signature?
Ans.-It is I wrote it.
The question was then asked where Hous-
on got this warrant, but the defence objected,
u u Il.