Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-07-20
THE STOLEN LEDGER
New Complications Arising in the Polk
Case-Swain Makes q Clean
Breast OF His
Theft Of the Ledger, and Testifies That
the Ex.Treasurer Paid Him
to Do 1t.
Special to the Appeal

Special to the Appeal
NASHVILLE, July l9.-The case of Ex-
State Treasurer Polk is growing still more
complicated, In an interview with Rolando
Swain he stated that he had made q clean
ter 10 Attorney General Washington, Capt.
Dodd and Treasurer Thomas. In the inter-
view with these gentlemen Swain said thai
he was in Lebanon with his family last
Monday or Tuesday when a gentleman of
this city called for him and said Col. Polk
desired to see him, and that they came in a
buggy toihe city, arriving about 2 o'clock in
the morning. Later in the day he called on
Col Polk, when that gentleman told hin he
wanted the bank ledger, which was in the
Tressurer's office. Swain agreed, and says he
did get it and took it TO Col. P.lk's
residence where he turned it over 10 that
gentleman. The day after the book wss
given Polk some one gave HIM S17s, bui the
name of the party who gave him Tue money.
or the one who went to Lebanon for him,
Swain refuses to disclose, saying they have
no connection with the matter whatever. He
never saw the book after giviog it to Polk,
and knows nothing of its subsequent return
to Judge Wrighps Office. Yesterday, after
Swain left the magistrates Office, be was
taken TO the Criminal Courtroom and there
held another consultation with Mr.. WASH
ipgion. He subsequently went with Officer
Hanifn for an airing. He went to the bank
and got some money with which he pur-
chased suit of clothes. He was returned
to Jail at o'clock last night. This
morning Swain was much surprised
that Mr.. Washington and Mr.. Thomas
did not come to the magistrates Office and
order his dismissal, saying Mr.. Thomas did
not wish to prosecute him, and he SAYS that
from = conversation he understood he would
be released this morning.
In THE CRIMINAL COURT
Swain testified that on last Wednesday night
week h AIRY D. Martin arrived at his home
In Lebanon in a buggy, and told him that
Mr.. Polk wanted him. He came 10 Nash.
vile, and was told that Mr.. Polk wanted a
certain ledger in the Treasurer's Office con-
tanning bank account. 1.-THE jury was here
ordered to be conducted out, the defense hay
ing objected to- Mr.. Swain's testimony.
Swain continued that Polk agreed to give
him 1900; and the night following he went
to the capitol, and with key went in and
got the book, and came out of the window OF
the superintendent's Office He delivered
the book to Polk, who said it was the book
he wanted. Next morning Polk paid him
$175.
The Attorney General said the ledger was
an important book, an important record, and
asked that Mr.. SWANS testimony be admitted
as evidence.
Mr.. Swain-Mr. Polk told me that the boob
he regarded as private book, and al the Gloss
Of his term he had a right 10 take it with
him. He told me that the book would moi
be allowed to remain in his house ter
minutes.
Col. Colyar-If this mans evidence j.
uue, then he and Mr.. Polk are guilty of 9
penitentiary ofense. 1 know your honor
will not allow this msn's testimony as evi.
dence until thorough examination of tn,
book is made. If you admit this testimony
you will be trying Mr.. Polk for 30 nethins
not charged in this Indictment.
The defense cited authorities TO show tba
evidence of this character could not properl,
be brought into the pending case.
Col. Colysr argued thst the theft of th,
ledger hsd nothing to do with the case il
/ IA oaid ob.
weuld as readily attempt to destroy evidenc
when innocent as when guilty. The sdmis
sion of this evidence would be to set dan
gerous precedent.
The Attorney -GeHeral said the authoritie
cited by the defense were not germane Il
this question. He said the ledger cont taine,
the most potential and most convicting evi
dence. In securing it was not the deiepdan
trying to break down the wall of evidenc
against him?
Judge Allen, after reading an editorial il
the Banner of yesterday afternoon called tn
reporter of that Journal to him and state
that hereafter the Banner reporter would b
excluded from the courtroom. The reporle
was allowed 10 take his seat today, bu
Judge Allen stated that there must nothip
more be said in the Banner of The characte
of Yesterdays article about the trial. Thi
was not coucurred 10, but the reporter r,
mained. Judge Aliens action in the prer
isss is considered as direct attack upor III
liberty of the press.
While large number of people think tn,
Polk is defaulter, yet the manner of CO,
duciing the trial is not generally appro VeS
and is making Polk some friends, when oihe
wise it would have been different. The var
Gus questions raised are making the case or
of the most prominent ever tried in the Soul