Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1876-09-14
seventeen enumerated items, $1,000
NY =, ~

seventeen enumerated items, $1,000.
Was this perjury!
In March, 1874, previous to making
his return to the Assessor, r. b. Hayes
held mortgage and notes against J. E
Ainsden for $4,000 interest at six per
cent, payable annually, due in 1878,
also against Edwin Van Dorm, Martin
Moriarty, VIM. Fl. Andrews, and A. J..
and Elizabeth Hale, amounting to S.
go, all bearing six per cent. interest.
He did not list this SO, 675 for taxation,
although he had held notes since 1874,
previous to making his return that year.
r. B. Hayes returned gold watch $500,
in 1874, and in 1875 and in 1876 re-
turned three watches, including one
returned in 1874, al 5000. Was this
perjury R b. Hayes did not return
a piano in any one of the three years,
although he had one in his paror all
the time, and it is the boast Of his ad
miring nei ghbors that the one now in
his paror cost $500. Was this per,
Jury?
r. B. Hayes returned in 1875 and
1876 three horses, $500, when his
neighbors know that he values one of
his horses at $500. Was this perjury :?
r. B. Hayes returned in 1875, four car
riages, $3.50, when it was well known
to many of the citizens of Fremont, that
he paid Mr.. Moore. a manufacturer of
That city, $500 for them, and had a
>1eton that cost $3.50. Was this per-
ksthree thousand seven
were left in his hands
~ bequeS(J W. 2he will of Sardis Bir4
chard, which Gov. Hayes was not re-
quired to pay over for three years, and
upon which he paid no interest for two
years, and he did not return single
dollar of this money for taxation. AT
least be only returned $500 in hand in
1876. Was this perjury? In order to
make the matter plaiu, that there can
be no question about it, we give from
the will of Birchard names of devisees
to whom the $33,7OO was given and
the amount bequeathed to each.
I give and bequeath each of my
nieces, Mary Orchard, of Fayetteville,
and Charlotte Dewitt, of Elyria, the
sum of $4,000 each l give and
bequeath Sarah Jane Grant, of Fremont,
o., the sum of $4,000. / give and
bequeath each of the four children OF
W. A. and F. A. Platt, viz. Laura,
Fanny, Emily and Rutherford the sum
of $4,000 each. l give and bequeath
to each of the six children of Austin
B. Tyler, deceased, late of Fremont,
o.. $4,000. I give and bequeath to
Charles Orchard, son of my brother,
Austin Birchard, of Vermont, the sum
of $500 per annum during his natural
life. 1t is my will, and | hereby direct
that my executor shall not be compelled
to pay any OF the sums of money given
and bequeathed by this will until the
expiration of three years after my
decease, but interest shall be paid on
the same two years after my decease.
It will be observed that in the oath
which r. B, Hayes subscribed, he
swore that he listed all property which
by law he was required to return as
owner or holder, or as husband, parent,
guardian, trustee, executor, admins
traitor, receiver, accounting officer, agent
attorney or factor He held amounts
we have given from the will devised by
Birchsrd in his possession as executor,
and made no return of any portion of
money or personal property for tax
alton. Was this perjury?
The excuse cannot be made that he
owed debts to the amount which be
deducted, for he could not deduct debts
from money or credits which he held in
executive capacity. 1t was not his
money. He simply had possession of
it as executor, and was bound by law
to return it for taxation. He did not
do it, but swore all the same that he
returned all that he was required by
law TO list. Our reporter carefully
searched records in the offices of Auditor,
Recorder and Probate Judge, and ascer
tanned that no return was made by Gov.
Hayes or his co>executor.
The fact that Gov Hayes received
into possession large amounts of per-
sonal property Of Sardis Birchard con-
sis,ing Of household goods, valuable
paintings, plate, watches, &C., all of
which by law was taxable, and did not
return it for taxation at more than one
tenth of it's value, and did not return il
at all in 1874, either as executor or as
his own properts. which undoubtedly
it was, is too clear to admit of an
escape from the charge of evading pay-
ment of taxes.
In attempting to explain the failure
of Gov. Hayes TO return money for the
payment of requests in the will for
taxation, it will no doubt be claimed
that he had not yet realized money from
the sale of the property. 1t is all to be
paid this year, and if he has not all the
money to pay over. he undoubtedly
realized some of it Or has failed to
execute the will. Two years and half
elapsed, and no report to the Probate
Judge, as required by law, has been
made either by Rutherford B. Hayes,
or his co-executor indicating the pay
ment of any of the requests, so that
the presumption is that they are not yet