The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-02-04
IMPEACHMENT PROCEEDINGS.

L
Yesterday morning, the Senate having
resolved itself into High Court of I'm
peachment, proceeded with the trial OF
the case of Auditor Bennett. The morn.
ing was spent in taking testimony bear.
ing on the 81, l60 matter, which has al.
ready been fully stated in these columns,
and on the insurance fees.
Governor Jacob was the first witness
called. He testified that he did not di
rectly demand from the Auditor report
of fees, but in 1878 had issued circular
ycalling attention to the provisions of the
Constitution relating to semi-annual re-
ports.
Counsel for the defence wanted to
know whether other subordinate officers
were required to render an account OF
fees. The question was objected to, but
was allowed by the chair.
| The witness stated that the Treasurer
and Superintendent of the School Board
had no direct fees. The Secretary of
State had made no. report of his fees
until the matter had been called to his
attention but he had made one by
special request, just before the assem-
bling of the Legislature in this city. on
cross examination the Governor said that
he issued his circular in September 1878,
and that the Secretary OF States fees
were established by law.
Mr.. 8, L. Bill, first clerk in the Audi
tors office was recalled and examined in
regard TO the s2l60 matter. He stated
that the Auditor had discovered that the
sum was due and unpaid; that he imme-
mediately set to work TO search 1t out,
and finally drew for the amount
on the First National Bank of Wheel
ing. The matter required considerable
examination to find out what amount OF
interest was due the school fund. The
receipts of former Auditors were looked
| into. and a memorandum made (which
memorandum was produced and a cal
culation was made to ascertain what had
been paid and what had not. 1t was
! calculated that this interest had been due
every year since January, 1867. In this
way it was discovered that the sum OF
81, l6O had not been paid. The Auditor
drew his draft, which was paid and the
money deposited in the Kanawha Valley
Bank where the Auditor kept two &C
counts, one a. Auditor, and one personal.
lly. Whenever checks were sent him for
deposit which was frequent occurrence
he would place them in this Bark,
for collection, and the collec'
tion being made, he turned the
money in the Treasury. Witness stated
! that the memorandum above mention.
ed was made by Mr.. Jno. Boiling, clerk
in the Office, and it might have been
made in 1873.
Mr.. Boiling was called andl testified
that he made the memorandum at the
Auditors desire. From it it was found
out that the sum of 50 l60 was unpaid
and the Auditor stated that he intended
to ferret out everything irregular in the
accounts.
The Secretary Of State was called and
stated that the Governor had called his
attention to the fact that he had not sent
in hi. reports after the Legislature had
met here. He ascertained that he had
not, though they had been made out.
According to his construction, the
Constitution did not require that private
fees should be accounted for.
Mrssrs. Bill and Adams were both
re. called and testified regarding the
correspondence of the Auditor concern
ing the interest. Several letters were
produced, and all the correspondence be-
! tween Mr.. Adams and the Auditor was
admitted as evidence.
An affidavit of Mr. Reynolds, cashier
of the Kanawhs Valley Bank, was then
offered in evidence, but the Manager
raised an objection to its admission. The
! objection was discussed, and subsequent
! ly the affidavit was disallowed.
Mr.. Willlau A. Cracraft recalled,
was examined again as to the number OF
| foreign insurance companies TO whom
the Auditor had issued certificates in the
wears lS7S.74.75. He stated that during
these years, the number averaged twenty
eight.
Mr.. w. II. Adams, of the Franklin
Insurance Company testified that his
! company had paid in Ohio for the privi-
lege of transacting business the following
sums: In March, 1874, S293; in March,
| 1875, SOL; in November. 1874, 90 ooi
and in December, 1874, SIT.
On his cross-eXamination he stated that
for $3.50, the company might appoint Ms
many agents in Ohio as they saw proper;
The letter Of the Attorney General
endorsing the Auditors construction OF
the law regarding these fees was offered
! in evidence, but was objected TO. Inc
, chair would not admit it as evidence, but
stated that it might be referred to in the
argument as authority.
This closed the evidence for the
} defence.
Manager Biakemore rose and stated
that be had been selected TO make the
opening argument for the prosecution, but
did not then teel capable Of doing 50.
He wanted 10 read tie evidence, and r.
duested until to-day to prepare himself.
Permission was granted, and the Court