The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-02-01
Auditor Bennett In the Court OF
Impeachment.

sci Morrow objected to one Of the orders
in the record because il rccited that the
respondent John S. Burdett had been
found guilty OF NAL administration and
high crimes and misdemeanors.
He asserted that no such question had
been put 10 the court, but that on the
other hand, the court had refused by an
affirmative vote to have the question 30
put. ..---.
His Honor, the President OF the court
informed the Counsel that the order in
the record was the order voted upon.s
On motion Of Senator Bennett the
bonds, certificates and drafts and other
documents produced in evidence were re-
turned to their proper custodians. His
Honor Judge Raymond having announc-
ed that the court was now ready 10 pro-
ceed with the trial OF L. A. Bennett Aud
itor, Mr.. Carlile, on the part Of the Man
ayers for the State, opened the case. He
dwclt upon the importance Of the case
and the responsibility resting upon the
Managers and the Senate in the vindiCa-
ton Of the law and the public honor.
The reputation, the honor OF o single
individual is OF inestimable value. 1t is
priceless jewel TO be guarded with the
utmost care; Of how much greater value,
ofhow much more importance is it that
the reputation, the public honor OF four
hundred thousand people, the great body
Of the citizens Of State should have no
stain upon it. When this ia remembered
il adds to the grave importance of this
trial. The Manager then read over the
separate articles Of impeachment against
the respondent.
First-In failing, neglecting and re.
fnsing to make semi-annual reports OF
all monies received and disbursed by him
as provided by statute, he committed
perjury.
Second-ln appropriating To his own
Use the large fees exacted from the in
surance companies under the retaliNtory
law, and which he failed to report, he
was guilty Of cmbezzlement.
Third-That in the arrangement with
Mr.. Cabcll, by which he bargained for u
bonus Of $500 on $4,000 Of B. II 0.
Railroad money belonging to the State;
he was guilty OF mal-administrntion and
corruption.
Fourth-That in exacting more money
than was due and sums Of money none OF
which Was due, he was guilty OF cxtor-
ton.
Fiith-Thatin in accepting from one Mr..
Overton the usual fees for the incorpora-
ton Of the La Belle and Commonwealth
Insurance Companies and failing to send
the certificates as promised and neglect
ing 10 return the money, he was guilty of
neglect OF duty.
Sixth-That in drawing from the First
National Bank OF Wheeling S2,l50,
accrued interest on the school fund, and
placing the same to his own credit in the
Kanawhu Valley Bank and permitting il
to remain there for several months, he
was guilty Of grave misconduct and high |
misdemeanor in Office.
'Scventh-That in soliciting Isaac \. |
Smith, OF the First National Bank OF
Charleston, 10 enter into such an arrange
mcnt rs it was charged that the Treasurer
had with the Merchants Bank, he was
guilty OF corruption.
Eighth-That in the arrangement with |
John 5. Burdctt in relation 10 the Si0,- |
900 deposit in the Merchants Bank and
sharing the bonus for the same, he was
guilty OF conspiracy.
Manager Carlile, IN comparing the |
charges agains, the respondent with those
charged against the late Treasurer, said
il will be found that the latter was con-
victcd and elected from Office upon minor
ofIenses, while those against the Auditor
are of the gravcSt Importance, and the
people had right TO expect the same ver-
dict.
AFTERNOON.
The examination OF witnesses com.
menced withthnt OF Isaac n. Smith, CASH
ier OF the First National Bank Of Charles.
ton. This gentlemen's evidence went to
establish the fact that he was approached
by Auditor Bennett to know what COM
mission he would give him (Bennett) for
his influence in securing deposits OF State
funds by sheriff. and other parties having |
funds TO deposit.
Counsel Morrow objected 10 the testi-
mony being taken, but the objection was
overruled by vote OF the Senate. |
The witness then stated that the Auditor
claimed to be able to influence the de.
posit Of $4,000 B. Il 0. Railroad tax
funds. Mr.. Smith said that he consulted
the directors OF his bank, who refused TO
entertain any proposition on the subject,
but afterwards concluded that il the de-
posit Of State funds could be influenced
in legitimate way, they would be willing
to pay something for such influence us
would secure such result.
Mr., Cabell was then called and testified
as 10 the arrangement entered into be-
tween Auditor Bennett and his (Cabelrs) |
bank in relation to the deposit OF $4,000 |
Of taxes due from the B. Il O. +. r., TO
the State, for the deposit OF which they
agreed to and did pay the respondent
$500. Counsel Morrow after cross exam.
lining the witness at some length moved
to exclude all the evidence Of Mr.. Cabell.
Senator Lewis asked Mr.. Cabcll il this
$25, 1000 formed any part Of the funds
upon which the Burdetts collected tax OF
two or three per cent for the year 1873.
The question was objected to by the
counsel for the respondent, Senator
johnson then moved that the doors be
closed and the Senate hold consultation
on the demand OF the respondents counsel
and also on admissibility ofthe question
propounded by Senator Lewisand the mo.
lion being agreed to the doors were
closed. . .s'