, 1876-09-28

this city, obtained contract for Eroecslca. Ono
rerio!at, wl,o vas not nnw on tr!ai, was \ mem
her g. that firm, a bill world he male eut.
,o''' IN The ~, would tIss b. presented 1
saa.ed Sy e ?aS saa ten aSas' Gns4es erere to ' a
pal for, when IN fact mt moro than Two barrcla
were furnishc,l. Kimberly was, ,ot courae, IN
Tho conspiracy. liz ind acknowledged It md
ness.stsad to lestify eeainss tic s othefs. Tha
aour, coeo, and III n ta oG oEss alttsisa fafns,s
lig alsn expected to show thai, certain Of tho
years from James Forsyti'e s d., Tor which
they never. paid anything; that they tho1n-
selves would order groccres, Or dc. Il through
erHa G, H. and ey bis irstSn ss afees Ena1sa
aa tho n. account,n which, meant Kimberly;
that bills Of some S400 or $500 md also nloney
was charged to some Of tho defendants IN that
account, md TINT, ns time ran along, they weroe
that Forsythe q Co. never expected to get any
pay from the Commissioners fnr tic .gruccrics
1lo would alao be ablo to show that, at tho tllle
bringing ii fi,iictmeMts, sonic Of tiso Commits.
sloncrs paid tlese bills aud t1lat the mnney 40
paid was subsequently refunded to them. 1t
would also be shown tlint roriolat ard ktmber-
tftvido Tic prollts, and that Kimberly cnllcl on
1m frDm time to time for his s1larc, Atstl PertD-
lat said to him that he hntl only 1T nluct left,
1ecaukc ho lad maid certain hilns to this OF
charged oil tho l,ool;s Of forsyttle i CO. as
between tho parttcs-ln tho AK. ACCOUNT"
There was M desre on h!s (Rced's) pnrt Or h!s
assoc!ato's to unnecessarily opprcss tho dcfc.ll-
1iu had kuown the defendants for years, and
they wcro his friends It wns not pleasant for
hl1, to proses,'tc them, but ho lsati to d35
f. ifTsa'rleasly; M - Nothing woud crafty him or Mr..
the trial chow TINT none of tt,o defendants wcro
guilty. lie bctfoyed every lnan III the county
who Ind tho welfare Of society ut heart hoped
they might 10 nl,lo to slow themselves iui.o-
here long time, and had been public officers.
II proven gully, tho pcople would believe that
they were guilty Of greater erltncs,-that they
S% ro9efa q aors hH county Gf sasaas sr ana
greater md moro dangerous criminal thnu 4
burglar or n h!ghwAyhlan; aye, even tlian 4
murderer. III concluston, lio askcd the Jury to
tion, und not to allow tleu,scycs to tic Influenced
by any outside rcrsot,s, whether for or agnlnst
the defendants, hut to decide the ease according
to tho law and tho evidence. Tho community
Mr. .1lerycy reserved tho opening, on. tho
prosecution Tas all III.
The tact that Tho trial had actually conf
Ntr. isccd's address, t,cro were about aW pco-
ple In court, all Of whom watched what took
plnee with opon eyes anti cars.
It being conceded tlat the s!x defendants Ind
acted as County Commissioners, tho Grst Wit
ness called yas
JAMES @. nEAnpsLy,
who testified substantially as follows, being In
tesrorated by Mr.. Tufey: I am IN tho whole
Forsythe / Co. il corslsts Of Iii. Forsythe
md myse1f. I have been IN the firm since Jan.
|, 1876. 1rfor to That the firm was composed Of
Jatnes Forsythc and Clemens T. Pcrlolat. Pre-
iiat, . and Ja1nss i. Torsytlto constituted
the firm, WITNESS fdcutlftcd tllu Terio1at in
court Us the Periolat he referred to.1 During
1873 and ri wns cashier. The principal book.
I overlooked It. I know George +: K1mbsrly: I
first mot him before o was connected will, tho
county. Ills lfrst pohitton WIS Warden Of tho
Insane Asylum: llg was elected, think, after
tho great fire. The firm OF james Forsytfe s.
Co. furnished the county groceries Tor fivo, Or
slx ycurs; do not rceollcrt tic exact time. Mr..
rcrlolat lind ono.tllrd interest IN the busncss
lie hnd ITO Interest IN the profits Of the county
ap thpfs @ a. e neop ow III pe 3sennts sfss
trlal.
.Q.--Attcr you commeneod furnishing supplies
to tho county, did you furnish any IL thu de-
Al recollect tlat wo furnished sir. Harris, ,sir.
Crawford, Mr. Jones, Mr. Russell, ana Mr..
Ashton with groceries.
Q.-sfr. uoidena A.-1Nc didn't furnish him
nny-unt to my recollection.
Odd yot furnish any Of tho parttes you
have named with groceries prior TO tho time you
eo1nlnenesd furnishing nnrplca 10 tho countya
o.EYou would knew It II tho firm had done so,
would ypa mt! Al should probably remc1n-
bcr It. could not tell when the groceries wero
furnishcl without looking Of tho books. Sotno
of tho Commissioners accounts run buck to
(Which OF tlneso defendants obtaincd gro
ecrlcs hrstl Al think hlf. HarriB bought
,Q.-,Was he at tho time County Commits
slonerl A.-Yes, sir.
9.-Who mas tlu next onc! Alt would bo
honks
Q.-state to tho Jury whether or not thcro
was all account kept By tho trm called tho "K.
account" II 80. wllat Its nature wasi
Mr.. Harvey objected to tic form OF tho qucs-
Q.-Wqs thcre sucl, an account kcpt9 A.
There was memorandum account
Tho Court SUSTAINED tho objection. Tho books
would shpw what tic account was.
Mr.. Tulcy said }e did not expect to 70 into
details, but wanted to show tho general chntac-
ter Of tho account.
- rhS Court M ewsgGf 4 would not permit IL to
Q.-Do you remember an occasion when KIM
bcrly got check for aaa01
Objected to as leading, aud objection sus-
timed.
Q.-stato whether any sums OF money wcro
patl to Afr. Kimberly during tho time you tycrc
Furnishing supplies to. thu county, and, us 'acar
Us you cn1l. wllcn thoy wore paid.
Objected to, hut objection oycrru!c1, tho wit
ness to ronffne himself to hts own knowledge.
Al could only syear to ono nnount being
patd to Kimberly; that was check.
Q,-lIave YOU tl!at chuck Will youl A.-No,
eir. THO last saw OF 1t was before tho drand
Jury.
Dy Nj. Smith: Q.-Whcn WIS the check glvcna
Al don't rccolcct.
Q.--Thn ycara Al don't know positivcIy.
by Mr. 6wett-What is yourbcst reco1lectiona
A.-1678 or ~.
by. hir. smith-Which, '73 or III Al
couldn't state positively.
:. lit was thought at first tint somebody hatl
Twcedct the check, hut Mr.. Heed found 1t filed
awny in ifs Office Vault
Air. Tuley HOW handed tho Witness several
slips Of papcr-Enoinoranda Of accounts with
cuti,mlssIons-and asked him hc could Identity
the handwriting.
The COUNSEL for the defunso wanted to look ut