Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-05-17
DECISION IN THE ANDERSON
CASE.
Which Will Doubtless Release
The Late Public Admin
istradOr.
The State vs.. James A, Anderson.

- 4ALa0A0Oaa
On the 9th of March, 1875, the leg
islature passed an act emitted, an act
to punish executors, administrators,
guardians or trustees for converting
to their own use and benefit and fail
ing to pay over trust funds"
Section one provides, that any exc
cutor, administrator, guardian or trus-
tee holding trust funds, who shall
willfuly and m~aliciously convert to
his own use and benefit any moneys,
notes, stocks, bonds, brother evidences
of value of whatever nature and de
scription, the assets of the estate for
which he is executor, administrator,
guardian or trustee, and on final
settlement shall fail to pay to those
entitled to the funds thus entrusted
to, and due from such executor, ad-
minlstrator, guardian or trustee when
the same are not paid, and can not be
collected by due process of law, shall
be adiudged guilty of felony before any
competent court, and on conviction,
shall be punished by Imprisonment in
the penitentiary, not less than one
year and not more than ten years"
In August, 1873, the defendant was
qualified as the administrator of the
estate of'Maggie Williams. At TIE
January term, 1880, of the criminal
court for Shelby county, he was in
dicted; the indictment charging that
he had received into his possession, as
such administrator, a large sum of
money, of the value of $1,000, which
he wilfully, m~aliciously, felonionsly,
and fr%audulently converted to his own
use and benefit.
That his term of Office of public ad-
ministrater had expired, his successor
had been appointed, and his letters as
administrator of the estate of Maggie
Williams revoked; that the probate
court had ordered and. commanded
him to pay over to those entitled to
receive the same, all the money which
had been received by him, or assets
belonging to said estates, and by him
held in trust, etc, which he failed to
do; that he tailed and refused to
make a settlement Of his accounts as
administrator, etc.
The judge of the criminal court
quashed the indictment of his own
motion.
To sustain an indictment for the
offensc created aud defined by the act
it is necessary to aver and prove that
there had been before the finding of
the Indictment a final settlement by
the party accused, made either volun.
tarily by him, as provided by statute.
or by compulsion through the instru-
mentality of a court of competent
jurisdiction.
1t must also be averred and proved
that the amount due has not been paid
over.
1t must also be averred and proved
that the amount due cannot be col
lected by due process of law, which
latter averment necessitates the fur.
Their one Of the existence Of a judg-
ment or decree from which said pro-
ONoo hdS DOSu iSSutu anu returned
nulla bona. Such averments are not
made here, and as appear from the
face of the indictment cannot be made
affirmed. TURNEY, Judge.
This decision virtually settles all
the cases against Judge Anderson.
All the Juror of the prosecutions
against him has been premature, for,
by the above decision the supreme
court settles it that SO far in law he
is not guilty.
Messrs. I. w. Brown, Gee. Z
Can't and Luke E. Wright, attorneys
for Judge Anderson, left last evening
Tor Covington to try the cases trans
ferred from this place to Upton
county. The result there will doubt
less be a full acquittal of Judge An
derson.