Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1882-12-15
THE ELECTION FRAUD TRIALS IN
VIRGINIA.
AUDITOR S. BROWN ALLEN ARRESTED
IN STATE COURT.

AUDITOR S. BROWN ALLEN ARRESTED
IN A STATE COURT.
SIX DEMOCRATIC COMMISSIONERS OF TEE
REVENUE TO BE TRIED IN THE
q. 8. COURT.
THE UNITED STATES AND STATE AU-
THoRITIEs- SPICY CORRESPONDENCE
INDICTMENTS OF THE FIRST AUDITOR
OF THE STATE, A SPECIAL TAX COL
LECToR AND SIX COMMISSIONERS OF
THE REvENUE-AUDITOR ALLEN AND
THE COMMISSIONERS BA1LED TO AP-
PEAR FOR TRIAL.
One of the GU comes of the No
vember election has been remarkable
legal spectacle in Richmond. Tie Fir
Auditor of tie State has been indicted
grand jury Tor being accessory to f.
ony after the fact The gist Ut this sre
20 be that it is alleged that John d. 81
1ings, one of Auditor Aliens special l.
collectors had given n, bond as rQur'
by law: tt at this fact WAS discovered l.
the Democrats. and that thereup'n Snti
ling wrote bond on Nov mber 75h. da
| ing it November 1st, the day on which u
should have been given; that this was in
law forgery. and that Auditor Allen was
accessory to the forgery from the fact that
he gave the bond back 20 Smelling Instead
of keeping it on file in his Office
The Auditor is also indicted for making
| way with the records of his Office, in return
| ing the bond to Smelling.
AUDITOR ALIENS ARREST IN COURT,
occurred before Judge Christian, of the
| Richmond Hastings Court, while an in
vestigation of the charge against Snellinga
was osing made, and 10 thus described in
the Dispatch:
The witnesses summoned to 60 before
| the grand jury in the case of John D.
| Auditor Allen. and who ON the 18th of No
vember gave bond dated November 1st)
| were then called.
| Auditor Allen was one of those who an
| swered.
Mr.. Witt: Mr.. A Hen. did you bring
Snelling's bond with you?
Mr.. Allen: No. sir.
JuQVe CnrlSllan: Lei MT. Alien De
sworn.
He was sworn BY Clerk Lawton.
Judge c. ristian: You were summoned
here on subpoena duces tccuna to bring
with you the bond OF John ID. Smelling
Have you the bond with your SOB
| Mr.. Alltn: have not.
Judge Christian: Where is itp
| =, Mr.. Allen: returned it to Mr.. Smell
ling couple of days after the election
He settled with me, and there was no
further liability on his part In the matter.
The Judge: Don't you fnow that the
law requires that these bonds shall re-
main fled IN your Office"
| Mr.. Allen: No, sir; did not know 1T.
| The Judge: Bring me the auditor 81
compilation Of the revenue laws from my
desk.
The book was brought, and the Judge
read as follows:
235. chapter oO-act approved April 1,
1879:
'.* Such collector shall have
"a reasonable time allowed him by the Au-
''dllor of Public Accounts. and shall be-
fore he acts execute bond, approved by
''the said Auditor, conditioned that be
twill faithfully collect the said arrears o
taxes, and account for and Day the same
Unto the Treasury within the time so al
Flowed. The said bond shall remain filed
TN the Auditors office -
Mr.. Allen: WASH It familiar with that
law.
Mr.. Witt: But didn't you issue these in
structions yourselt2
Mr.. Allen assented.
The Judge then instructed the Common
| wealth's A torney to bring before tbs
grand jury MIR. Allen g conduct-frst. for
secreting or destroying public rec 'rd;
second for lnalfeasance in Office; third, for
attempting to Obstruct a court in the ad.
ministration of justice; and, fourth, as IN
accessory after the fact of a felony add.
ing, II mean to go to the bottom of this
| MATER
Mr. Allen: Very well; I will give you
all the assistance in my power.
The Judge: Yes, it looks very much like
you are giving me assistance now,
Mr.. Allen was held in $500 bail to an
swer any indici ment that may be prefer.
red against him-,John W. Fisher, Esq.
surety.
Subsequently the grand jury called for
Mr.. Allen to give evidebcr in the Smelling
case, and he went before them.
MR.. ALLEN TRIAL POSTPONED.
Mr.. Allen was subsequently indicted ~
the grand jury as previously stated, and
on Tuesday his trial was commenced in
the Hastings court. Judge Christian did
not preside (ho being witness in the case
having seen the bond of Smelling written
| November 7th, when the ink on it was not
yet dry), and Judge Aiken of Danvllle
presided. The Auditors counsel we're
Judge Waddfll. Edgar Allan, r. T. Hub
bard and VIM. Flanagan. The Common
wealth's Attorney is s. B. Witt. After
some unlmportant preliminaries Mr.. Elan
nigan asked a continuance of the case, for
several days at least, until his client could
get an important witness from Stanton
The ''State'' of that day, says:
Mr.. Flanagan said he needed time to
send the process to Augusta and get the
witnesses. Judge Waddill then read the
affidavit setting forth the reason for on
tinuance Of the Case and drawing q pic
lure of the terrible position of the &C cused.
who had been arrested and would have
been put in 1.-The common prison" but ''for
The kindness of q friend' In going his
bail.
Judge Aiken Is that witness from Staun-
ton to testify to fact?
Mr.. Allan: Yes, sir.
Judge Aiken think the defenda mt
should have copy of the process. WHAT
time will you require?
Mr.. Hubbard, in reply, proceeded to ask
for continuance until the next term Of
the court. The counsel for Mr.. Allen were
unwilling to raise any question that mig
be regarded as dilatory.
They were satisfied of the innocence of
the accused, and that this was a most ex-
traordinary prosecution. 1t was unfortu-
nately but too true that our politicians
and newspapers have during the last twelve
months pursued course of denuncation
that has been calculated to embitter the
public mind and excite prejudices and an
mosities. Ii it occurred that any person
arraigned upon a charge connected In any
way, directly or indirectly. with any re-
cent political occurrence, he will have re4-