The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-02-08

was minded 10, even 10 the carrying oil
Of the, treasury itself, and still be ir.
responsible to the people or to
the high court which represents the
delegated authority Of the people. The
liability 10 impeachment for offenses
committed in a former term Of Office is
80 well established that no Senator can
avoid the issue unless he is determined to
find loop hole through which to crawl
away from clear performance OF his
duty to the State.
In relation to the fifth article embeac-
ing the drawing the S2,l6O from the
First National Bank OF Wheeling great
deal has been said by the counsel for the
respondent. 1t was u nice question for
them to discuss because they made the
testimony themselves and then explained.
Notwithstanding the immense industry
displayed by the Auditor in getting up
memorandums it was very plain qucs-
ton. The counsel for the defense have
endeavored, like the cutie fish, to make
it very obscure. The Manager here
read over the correspondence be-
tween Mr.. Adams and Auditor Bennett,
showing that he had executed power OF
attorney to the First National Bank TO
collect this very interest, and could it be
that he gave power OF attorney TO trans
act certain business without knowing
what tho subject matter Of that instru-
ment was. Mr.. Adams distinctly in-
formed the Auditor that the money was
to the credit Of the State and told him
that ii he did not intend TO legalize the
collection OF this interest by granting the
necessary power OF attorney TO say so,
and he (Adams) would charge it up to
the State and refund the money to the
New York bank, upon which demand
had already been made by the Treasurer
OF the United States for the return OF this
money. Instead then OF all this appar-
eut zeal in hunting up data and making
up memoranda, the Auditor could have
stepped into the Office Of his next door
neighbor, the Treasurer, aud inquired If
the sum OF S2,lG0 had been credited TO
the Treasury OF the State on the pass
book Of the Treasurer.
The Auditor was extremely vigilant
and is accounted worthy Of all praise for
his immense industry in writing letters
and making memoranda, by his Counsel.
How comes it that after the 9th OF
March all this display Of vigilance and
industry SO suddenly ceased and we have
nothing more OF it until the 24th day OF
June. Lacking only three days OF three
months this money lay in the bank to the
credit Of E. A. Bennett and was mol in the
Treasury Of the State.
1t was competent for the Auditor to ex-
plain this transaction but he never did it,
and we have n right to infer that he was
deriving an income from it TO the detri-
ment OF the State. II ia true that we have
not been able to show that the Auditor
had direct information that the Governor
was makiug fuss about this money be-
ing out Of the Treasury, but We must re-
mark that Charleston is n small city, n
sort Of neighborhod town, (Mr. Vaughn
says Wheeling is great deal bigger town.
and every man, woman and child
knows Just what every other man wo-
man and child know and they all
knew what the Governor said about this
money. But examine the Auditors re-
port and you will not find any record OF
interest paid on this 81, 100 by the Charles
ton Bank, in which the Auditor had de-
posted il duringthc three months II re-
mained in its vaults out ofth Treasury
Of the State. In drawing this money from
Stale depository paying per cent and
placing it in bank paying but q per
cent, he did, violent injustice 10 the State,
and the First National Bank OF Wheel
ing, and the Senatorial District in which
it is located. A District paying n very
large amount OF revenue to the State had
scarcely any OF its taxes in the depository
within its limits. After tho drawing Of
this S2,l80 there was but S67 left in the
vaults Of the First National Bank, while
there was more than 100000 in the pet
banks OF the Auditor in Charleston, where
the State officers were drawinga per cent
age OF interest on the States money for
their own personal profit. We will now
come TO the last remaining article, en-
bracing the transaction OF the Auditor
with Isaac n. Smith, President OF the
First National Bank OF Charleston.
The counsel for the respondent endeA-
yored to show that there was not even an
attempt made. Now, Senators, / want to
know how an attempt is TO be made in
such n case? How would any OF you
make an attempt to consummate such an
arrangement as is charged in this article?
The counsel mourncd over the fact that
the Auditor could not have been heard in
relation to the conversation with Mr..
Smith. lie desired TO impress this Sem
ate with the idea that Mr.. Smith. either
testified falsely or was mistaken. Why, |
Senators. the Auditor has admitted that
he did make similar proposition TO
another officer and did receive $500 as
the result OF similar conference, and
vet the counsel would maintain that the
evidence OF Mr.. Smith must be received
with very large grain OF allowance, al
though sustained and cOrrOborated by a
similar transaction admitted by the Au-
ditor himself. L. there Senator before
me who would believe Auditor Bennett
il he were to swear that he never had any
such conversation with Isaac n. Smith?
don't believe you would. What then
has the Auditor lost BY being debarred
from testiiying in his own behalf?
Manager Stuart then read from the au-
thority Of Mr.. Curtis as to what consti-
tutes an impeachable offence. II you do
not require OF your State officers that
standard OF integrity which is indeed a
type OF that high morality which should
characterize public officials, what have
the people toexpect in the future? What
guarantee Of honest administration by
their officers can you give to the people
Manager Stuart then closed his argu-
ment with few remarks upon the Sth
article, charging conspiracy. Although |
they had been able to offer no direct
proof upon this point, the facts developed
in the testimony Of Mr.. Cabell
point concluSively to the existence
Of such conspiracy. All the ques-
tions put by the Auditor to old man
Cabell showed that his suspicious wero
aroused and that he believed that the
Treasurer was making bonus from the
State repositories on the State funds and
that his determination to participate In
the profits Of such an arrangement was
only satisfied by the arrangement which
enabled the Treasurer to fattcn upon the
spoils Of the treasury and the Auditor 10
appropriate the insurance tax. Senators,
there are many other points upon which
7 ,.n,,iJ I;ka IN dwell but nv strenpth |