The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1878-08-29

pay what he owed the county, before he
asked to be elected to the office where he
would control the public money. Levi
DUNCAN was always supposed to have
been the attorney who advised in these
matters of loan, and he handed me the
following communication, which | pub
lished in the Standard on the 18th day of
September, 1867:
ED. STANDARD-Dedr Sir: In the three last
issues of your paper, you have asserted in sub
Booth, Esq, (now a candidate for County Treas
uTer) had borrowed from the Commissioners of
Jackson son county some money, seTefai years ago,
exact words but it is substantially your mean
Now sir, you have heretofore examined the
records on the subject of the Commissioners
loaning certain fund in the Treasury p, upon
with the Commissioners on the subject, and the
CommlssIoners well knoWaand SO 90 youmthat hat
county in the world, nor did he ever apply for
any money to the Commissioners in his life,
nor did he ever owe them any money.
The true statement of that matter to which
you refer is, that Newell Braley is the father-in-
law of Mr.. Booth, and at the time the Com
miSsionerS were loaning said fund in the
Treasury, Newell Braley was one OF the SHdd county
money, and being then Commissioner could
not in his own name borrow the said fund, and
that in order to get said sum of money, Mr..
Braley applied to Mr.. Booth to use his name.
ME-. Booth tnereupOn permitted his fatner-ln-
law to use his name to borrow the $1,000, This
arrangement made it necessary for the Com
missioners TO take the note Of Mr.; Booth for the
$1,000, and the mortgage of Mr.. Booth and wife
on a tract of land to secure its payment. The
records show that Mr.. Braley and wife made a
deed to Mr.. Booth for certain tract of land
with a brick house thereon, then estimated to
be worth $1,000; and the record further shows
that Mr.. Booth and wife Immediately executed
to the Commissioners a mortgage on said tract
OF land to secure said $1,000 and interest that
might accrue
Mr. Booth, supposing the land to be sufficient
TO pay the $1,000 and interest, gave himself no
further trouble over the matter, for he neither
got any of the money, nor did he desire any of
it. Mr.. BraIey made an agreement with one
and that Savage should pay off said mortgage.
Savage failed to pay the same, and proceedings
were instituted on the note and mortgage
against Mr.. Booth, in favor of the Commission
ers, and decree of sale obtained, and the tract
OF land sold at forced sale for less than its real
value, the proceeds of said sale not paying the
decree and costs by some three or four hundred
dollars. This balance of the decree remaining
unpaid and standing against Mr.. Booth. These
are the facts, well known to all the COmmls-
sioners, and it is believed well known to your
self. This balance of the decree is now due the
county from Mr.. Braley, and he is able and
Stng to pay it, and I'd Mr ME- Boo IN nG truth eTer @nq
owed any of the money, except in the manner
nominal party to the transaction. It is believ
above facts, and that if you did not wilfulIy
misrepresent Mr. Booth in the premises, you
are requested to say SO, and publish this state
nept Of facts and thereby DO W1 hm jqssesA
AT request of Newell Braley.I
In the same issue of the Standard (Sep-
tember II, 1867 had the following edi-
torial:
]. R. BOOTH.
See card of Mr.. DUNCAN in reference to the
quently referred to by us. We will state that
we did not know that Mr.. Booth was mere
nominal party to the transaction. We only eX-
amined the records, and spoke of what we
found there. Wesaw there that Mr. Booth had
ped IT bat eRe hsye no do
Booth injustice, as we regard him as a gentle-
conf com petency is concerned We are pleased to
know that Mr.. Braley is going to pay back the
There is nothing to prevent him doing SO, and
thus relieving his son-in-law, Mr.. Booth, from
the unpleasant predicament in which he mas
But now, one thing more. How does it look
for the Democratic party to charge corruption,
extravaganza, shoddy, &C., when such trlckery
is admitted to have been resorted to by the Of
f1cers elected by this party. This is only one OF
Westfall, the then county Treasurer, and a ma
jority of the Democratic Commissioners, loan
ed themselves large sums OF the public money,
much of which is lost to the people. Ana now
this party asks to be again put in charge of the
peoples money. AS a burnt child ought to
dread the fire, let the people beware: MI. Booth
is clever gentleman, and so is Mr. V1nton
tbese men T TREASURER and Commissioner, when
they reflect how their business has been trans
acted by former Democratic officials? We
think not Mr.. Cherrington and Mr.. Schellen-
ger are true men, and will not engage in such
speculations at the expense OF the people.
Up to this date, March 25. 1858, we find
the Democratic Treasurer, and one of the
Democratic Commissioners, borrowing
for themselves, and from themselves, the
sum of FIVE thousand, five hundred dol
lars, about one-half of which was lost to
the taxpayers.
The Ohio Legislature appeared to have
got wind of such conduct, and on the 18th
of April, 1885, passed stringent penal
law, of which the following is one sec
ton:
SEC. I5 That if any officer other person
charged with the collection, receipt, safe keep
ing, transfer OF disbursement OF the pu42lc
state, or to any county, or township or organ
lied city village in this state, shall convert to
his own use, or to the of any other person
or persons, body corporate, association or party
| whatever, in any way whatever, or snail use py
way of investment in any kind of security,
stock, loan, property, land or merchandise, or
in any other manner or form whatever, or shall
loan, with or without interest, to any company,
corporation, association or individual, or shall
deposit with any company, corporation or lndl-
anv other funds property, bonds, securities
assets or effects OF any kind, received, control
| led, or held by him for safe keeping, transfer
| or disbursement, or in any other way or man
| ner, or for any other purpose; or II any person
|
| in such act, every such act shall be deemed and
| held in law to be an embezzlement of SO much
| of the said moneys or other property, as afore-
said, as shall be thus converted, used, invested,
| loaned, deposited or paid out as aforesaid; !;
| which is hereby declared to be high crime
| and misdemeanor, and upon prosecution, trial
by Indictment and conviction thereof before
any court of this state having competent Jur1s-
diction, such officer or person or persons shall
| be sentenced to imprisonment IN the penlten-
tary and kept at hard labor 6an f6a tev Df mU
years, according to the magnitude of the en-
bezzlement, and, also, to hne equal 10 oouDIe l
| the amount of money or other property so en-
bezzcd as aforesaid, which fine shall operate as
| a judgment at law on all of the estate OF the
party SO convicted and sentenced, and snail be
enforced to collection by execution or other
process, for the only of the party or parties
or Securities, assets or effects Of any kind as
| aforesaid, has been so embezzled. And in all
shall only be released or entered as satisfied by
| the party in interest as aforesaid. Any failure
or refusal to pay over or produce, the pupllc
money or any part thereof, by any officer or
other person, under this act, charged with the
| safe keeping of the public money or any part
thereof, whether belonging to the state. or to
any county, or township or organized city, or
Incorporated village, in this state, any other
public money whatever; or any failure to ac-
count to, or to make settlement with, any
proper and legal authority, of the official ac-
counts of such officer or person, shall be held
bezzlement. And upon the trial of any such
officer person, for embezzling public money
under the provisions of this act, it shall be Suf-
| cient evidence for the purpose of showing bal
ance against such officer or person, to produce
| q SranScript from the books of the auditor OF
state, or comptroller of the treasury, or the au-
ditor Of the county, or the records OF the COM
missionerS of the county; and the refusal OF
any such officer or person, whether in or out of
office, to pay any draft, order or warrant which
may be drawn upon him, by the proper officer,
| for any public money i'll his hands, no matter
| in what capacity the same may have been re-
ceived or may be held by him, or any refusal E
| by any person public officer named in this
| act, to pay over 10 his successor any public
moneys, or securities promptly on lne fegal ffa
| IpGft 1iTnTNl ant nf
state or county, shall be taken on the trial of
any indictment against such officer or person
| for embeZzlement as prima facie evidence of