The tribune. [volume] (Beaufort, S.C.) 1874-1876, 1876-06-21


hoimc's counsel claimed that the indict-
ment on the Charge for failing to make
reports dld not assert, nor the prose-
cutIon offer to prove, that during the
time for which the report was called for
'here were any receipts or disbursements
and that the law required the treasurer
TO report only when there were such
receipts and disbursements. His Honor
said that the presumption was that there
were receipts and the inference was that
LII faliing to report the treasurer was
attempting to conceal the facts, but His
Honor did not consider it the duty of the
treasurer to make such reports If there
were no receipts nor disbursements and as
THIS TACT was not shown he ordered the
indictment quashed. Herhought civil
suit would have been preferable. and n
mandamus the proper way to obtain the
report.
The second charge against Mr.. Holmes
was for buying Teachers Pay certificates at
discount. Mr.. Elliott moved to ouash
this Indictment as the Inv was not literally
quoted and that the certificate was issued
III 1873 subsequent to the passage of an
act requiring al! the trustees to sign
teachers certificate while the one in
question was signed only hy the clerk of
the board and therefore the certificate
was illegal and no cffense was committed
by its purchase. His Honor decided that
the certificate not being signed by the
whole board Of trustees was an illegal
draft and no better than waste paper and
therefore no offense could be charged by
the purchase, and if the treasurer had
paid any such certificate out of money
in the treasury he could be sued for its
return as having been illegally paid.
On these grounds he ordered this indict-
ment quashcd
The third indictment was for the I'M
proper disbursement of school funds, or
rather the payment of money on Improper
vouchers. Mr.. Elliott argued that this
indictment was void as it did not state
the persons to whom the money had
been paid, the school district for which
drawn, on what account, nor whether for
services as teacher or some other service.
The Attorney General did not
Consider it necessary to give the name
of the paytc hut it rested with the prose
cution only to show that the money had
been improperly expended and the
defendant would be liable and if the
money had been paid out on IN improper
voucher it had not iu fact been paid out
ut all but still remained in the treasury.
Judge Mahcr decided that the money was
sii!i virtually IN the treasury and that
The illegal vouch,rs could not be consid-
MS valid and th,t The money was still
subject to the payment Of certificates, and
that the tr.asurers bonds were liable for
such payments. The indictment was
therefore quashed.
There was one more Indictment against
MIR. Holmes, the II ost serious of all, that
OF paying money of one fiscal year for
Indebtedness contracted in another fiscal
year. but owing to the absence of al I'M
portant witness the case was postponed
to the October tenn. And this ended. ~
least f"r the present, the case of George
H"lmes, treasurer
The case against the county commits.
sioners Indicted for paying bill not
i:cmizcd. Was then calci, and after a
short trial was given to the jury who
returned verdict of not guilty.
7. McCants Stewart Is an ardent SUE.
porter of Gov. Chamberlain for rc-e!cc-
ton. He says in letter 'I am Of those
who believe that he has borne aloft the
republican banner Of reform through
daylight and through darkness, through
sun shlne and through storm. "high
to-day it floats IN his grasp over a com.
wealth partially relieved of the pub