Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-08-08
THE COUNTY AUDITORS.
ExAMINArlON OF 'soUIRE FRANks.

THE COUNTY AUDITORS.
ExAMINArION OF 'sQUIRE FRANCE.
HIS Refusal to Answef-Comm,tted For
Contempt-The Squire Refuses TO
Answer q Material Question.
The county auditors met in the orphans
court room this morning for the purpose
of examining John P. FRANKIE, justice of
the peace, OF Columbia, relative to certain
costs in cases heard by him, and which the
auditors hold to have been illegally
charged and paid out of the county trea-
sury.
Squire FRANKIE was promptly on hand
and a few minutes later his counsel, 81.
NJ. North, j. Hay Brown and w. A. Atlee
esqs., arrived. The auditors-Messrs.
Greider, Clarkson and Lightner-were all
present, with their counsel, E. Z. Martin.
Mr.. Greider called Squire FRANKIE to the
stand and asked him whether he swOre or
affirmed. He said he would swear, and
while the oath was being administered,
Mr.. Brown objected to the form in which
it was drawn up. The clerk then
wrote down the oath wherein the witness
was bound "true answers to make" to
such questions as may be asked him. OBJ
lection was again interposed that the oath
should read "that the evidence
you give be the truth, &c."
This was not accepted, E. K. Mar.
tin, ESQ.,, counsel for the audi
tors. insisting on swearing the witness in
the form prescribed. 1t was finally agreed,
however, to administer the oath as writ
ten by Mr.. North, ''that the evidence you
shall give shall be the truth, So, ''and the
witness was sworn.
He testified that he was justice of the
reace Of the borough of Columbia. He
was shown several bills presented by him
to the county commissioners and paid by
thsm; identified the bills as his own they
wsre dated from the 1st of December, 1881
to Nov. 1st, 1882; he drew from tho county
treasury the amount of these bills; made
up his bills from his docket; my docket is
in town, but not in this room. THE
docket was asked for by tho auditors and
brought in by witness.
Witness was shown several bills, for
costs that had been tried in court, the
bills being taxed by the clerk. Witness
counsel objected that these bills had been
adjudicated and could not come up for
revision. Bill No. 600, November sessions,
1881, Com tn VS.. Matthias Manhart, ct
al, assault and battery, was shown wit
ness. He was asked why he had charged
in this case for three recognizances at so
cents each and return to court at so
cents. His counsel retired to consult and
ON returning advised the witness not to
answer.
Auditor Greider informed witness that
the investigation now going On was an
ny,1y Nft thA to ~
missioners, and asked him on what
but MIR. Atlee interposed that he had no
right to ask it, and the witness did not
answer.
E. X. Martin, ESQ.,, the auditors counsel,
prepared 4 commitment under the act Of
assembly, which gives the auditors power
to compel attendance and answer questions
and the witness was placed in the hands of
tho sheriff, as follows:
Lancaster County SIS.
COMMONWEALTH OF PENNSYLVANIA:
TC John II. High, sheriff of Lancaster County,
and to the keeper of the jail, greeting.
WHEREAS, John P. FRANKIE was duly
summoned to appear as witness and
bring with him his docket, by the UNDER
signed auditors Of Lancaster county, sit,
ting at Lancaster, on the Sth day Of
August A. D. 1888, in tho due discharge
of their duties as auditors, and in accord
ance with the powers conferred upon them
by the act of Assembly passed
April 9Th A. D. 1884, and whereas
upon so appearing he, the said John p
Frank, after being duly sworn did refuse
to answer questions propounded to him by
the county auditors, which questions were
necessary to ascertain the justice and
legality and correctness of the accounts of
the commissioners of Lancaster county
which accounts are now before said audi
tors for investigation, and in which in
vestigatiOn the evidence is material and
necessary, there are threfore to COM
mand you the said sheriff forth.
with to take, convey and deliver the
body of the said John P. FRANKIE into the
custody of the keeper of the said Jail, who
is hereby commanded to receive and retain
in his custody in the said Jail the said John
p. FRANKIE until he shall make answers to
such questions or otherwise be legally
discharged.
Given under our hands and seals at Ian.
caster, in the county of Lancaster, this Sth
day of August, 1888.
B. NJ. GRE1DER [Seal].
JOHN L. LIGHTNER [Seal].
Jos. CLARKsON (Seal].
Auditors OF Lancaster county.
A writ of habeas corpus was at once
taken out, and shortly after II o'clock
was heard before Judge Livingston.
Mr.. Atlee, on behalf of Mr.. Frank,
objected to the commitment on the
ground that it did not show that Mr..
Frank had committed any offence.
1t merely stated that he had re-
fused to answer questions which the audi
tors deemed material tn their investioa