The Brookhaven ledger. (Brookhaven, Miss.) 1875-1883, 1880-08-12
TIVE MOORE BOND CASE.

We have kept II subscribers
pretty well posted in reference to the
history of this celebrated law SUIT
rhe readers of this paper are famll-
lar with the whole case. and Will be
Glad to learn. that after the crisis
which it reached at the last term,
resultingin judgments against the
securities, it is about to disappear
by a full, fair and final settlement.
we understand that. after consul
tationewiih his attorneys, the Treas
urer, Allen Smith, consented to set
| tie on the basis of the Hartman
Judgment, which was over $4,000.
In order that our patrons may be
| able to understand what this means,
we will give a short history ofthe
whole matter as we gather it from
Mr.. Smith and others.
The Board of Supervisors elected
in 1873, composed of such men as
Hodges and Summers, employed
counsel to look into the settlements
made by Moore with the Treasurer.
Their counsel, after q thorough ex-
animation, pronounced him Il de-
faulter in the sum of $500. Suit
was ordered by that Board to be
brought, and the Treasurer, Allen
Smith, promptly furnished a certif-
Gaze that the defalcation in fact was
precisely what the counsel of the
Board declared it to be.
The suit on the bond came on to
be tried, and the Circuit Court,
Judge Mayors presiding in place of
Judge Chrisman, decided that the
securities were not liable on the
bond, on account of some Irregular
ty in hat instrument, but the coun-
sci Of the Board took the case to
the Supreme Court, where the judg-
ment of the Circuit Court was re-
yersed and the securities were held
to be liable.
a new Board of Supervisors had
in the meal time been elected, and
Maj. Millsaps, the principal securi-
ty, then came forward and proposed
to settle the defalcation in county
warrants; and the Board, without
consulting their ~sttorneys, made a
settlement and accepted about four
teen hundred dollars in full pay
ment. We believe that the whole
Board went into this settlement, eX-
cept Mr.. Clark, then and now a
member. But that level-headed old
man, Allen Smith, would not agree
to settle on this basis, and common
ced a suit on his own hook against
all the bondsmen of Moore, who
had given two bonds, it appears, to
discharge his duty. On both bonds,
at the last term of the Court, judg-
ments We're rendered; on one for
over four thousand dollars, on the
other for three Thousand nine hun
dred dollars. The large Judgment
was against Maj. Millsaps, Bennett
and Lewen]hal, and the small one
against Hartman: hut they were
both for the same defalcation. In
the rendition OF these judgments,
the Court gave credit for the four
teen hundred dollars paid by Mill
tsaps TO the Board. The Treasurer,
as we have Stated, has consented ia
settle on the basis of the smaller
Judgment: and in doing this, we
think helS flgnt. III lacu the couI'-
t. viii endorse pretty much any
thing old man Allen says or does in
this matter. His stubbornness and
mvielding course has saved the
IpeopIe when its'Board of Supervi-
sors in their ignorance of facts had
given them away.
1t will be remembered by our
readers that we have not hesltated
to encourage the Treasurer, and to
stand for the right in this matter, as
it is oar pleasure and shall be our
pride to do when the interest and
wcltare Of the people isat stake.
--a~-o