Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1884-12-09
AuDlTOh,s.ORFIoE MATrEas.
Case sv ". n. Smith, ss Melton OF the Com
msuweaish, Csusinsed Untii 10sh Instant.

Case sv ". n. Smith, ss Melton Of the Com.
msuweaisA, Csssinsed Untii 16sh Instant.
LAST Saturday evening Mr.. William r.
Smith was reKrrested on warrant sworn
out By Auditor Marye, chargiug him with
| efnbezzling el11.56. the property OF the
State Of Virginia. This casc grows ont Oh
| the settls pient OF some accounts between
| the State and Mr.. A. NJ. Brownell, weigh.
| master of the State cattlcsscales. 1ester-
| day morning the case was callef IN the Po-
| lice Court-Justice d. G. Richardson pre-
! siding.
| Mr.. Samuel b. witt, Commonwealth at
| torney, was present. and, addressing the
| Court, said: II see from the docket an
| other charge against Mr.. w. x. Smith.
| This Is most busy time for me at the
Hastings Court. There are cases set for al
most every day In this mouth. and nv time
| will be occupied in attending 70 them.
| THIS case requires careful consideration.
aud II Ia impossible for me to give It the at
| tentiou II deserves. and therefore move
| that It be postponed until the 10th instant
the time set for the hearing OF the. other
charge"
judge Crump. counsel for Mr.. Smith.
deprecated postponement and stated that be
wanted speedy trial. He admitted that
he was obliged to submit to a continuation
Of the case il the Court thought Mr.. Witt's
reason sufficient, and declared that all
he could do would be to prepare 10 meet
the issue when 1t came.
Justice Richardson said: " I'll continue
the case until the 18th OF December"
Judge CrtImp asked Mr.. Witt " there
was any probability Of q trial In the Hust-
ings Court at this term II an examination
was waived nowi
Mr. Witt frankly said that he did not
think there was.
Judge Crump and counsel for Mr.. Smith
seemed anxious to have a hearing OF the
case, but this was found entirely impracti.
cable.
The ease was then continued, and Mr..
Smith remanded to the custody Of the law
officers.
The INVESTIGATING COMMITTEE.
Mr.. Zirkle, clerk OF the special House
committee appointed to continue the ex-
animation OF accounts in the Auditors Of
fee. &C., has gone up to Albemarle to do
some preliminary work under the direction
Of Mr. Noon, a member Of the committee.
The committee will print and send out
to each clerk OF court series OF questions
as to payments that have been made. In
this way, 1t Is not doubted. large amount
OF valuable information can be obtained.
and under oath, without the trouble OF
bringing the clerks here at the expense OF
the Commonwealth. Where the informa.
ton thus obtained is not satisfactory, the
clerk will have to be summoned to come
here at an appointed time and testify be-
fore the committee, and to take down such
faGa attwN.. L..
| employed as stenographer.
I he committee, OF course, will have no.
thing 10 do with any prosecution. Their
duty Is to ascertain what Is the state OF af-
fairs, and TO report what legislation is
necessary.
There is already a great rush OF work
upon the Auditors office, growing out OF
the discovery that payments OF clerks OF
courts for several years have not been regu-
larly credited. Clerks are writing or calling
in person for statements OF accounts. and
great deal OF time is occupied
IN waiting upon them aud in search.
ing the records. Auditor Marye il
kept at his desk long after business hours.
Much OF this matter it will be quite impos-
sible for him 10 dispose OF. IL will have 10
be left to the committee. Some legal COM
plications will arise, a. in the Petersburg
case, where the clerk OF court sent in q
check which was not sent forward for col.
lection, and some months afterwards the
bank suspended. In another case a receipt
was given for check which was returned
protested. In one or more cases checks
given were collected but not credited to
the parties who paid them in; but inyesti.
cations have not been pushed far enough
TO disclose all the circumstances attending
the collections.
IL Is admitted that some OF the customs
OF the officc--customs of long, long dura-
tion-are IN conflict with the law; but 1t Is
contended that the law l., as to money trans
actions, inpracticable, and a rigid enforce
ment Of il would, it is alleged, create such
Inconvenience as to be an embargo upon
much business. The law prohibits both
the Auditor and Treasurer receiving
money. Ii says that money so paid shall
not discharge any debt. IL requires the
debtor to get warrant from the Auditor
and TO pay the money into a State deposit
tory. Ii Is claimed that to require small
debtors-clerks Of courts. for instance-to
do this would he q hardship, As they would
either have TO come here in person or en-
ploy an agent In Richmond to do it for
them. Hence. for ever so many years
money coming to the Auditors office by
letter, and much coming by hand. has
been received and sent to the bank with the
warrant.
I'm a number OF instances checks paid
into the oftce-some as far back as two
years ago-have not been collected and the
money therefore still remains in bank un-
collected.
For this year, the first year Of Mr..
Marye's incumbency, clerk OF courts taxes
are not due until the 10Th Of this month.
CLERK OF PITTsYLvANIA.
CHATHAM, Va, December 3. 1884.
To the Editor Of the Dispatch:
I notice IN recent issue Of your paper
that the clerk Of Pittsylvania County Court,
along with the clerks OF many other coun-
ties, was reported delinquent In payment
Of taxes to the Commonwealth for the year
1sS1-'S2. Iwish merely to say that l am
not delinquent, but paid promptly all taxes
received by me, As will appear from the re-
ceipt which is now in my possession, and
which is In the following words and
fgures-namely:
"s1,272.67.
COMMONWEALTH OF VIRGINIA,
"OFFICE or THE AUDITOR OF
"PUBLIC ACCOUNTS,
RICHMOND. December II, 1882.
"Received OF w. Il. Shepherd, clerk OF
the County Court OF Pitfsylyania. the
Treasurer's receipt for twelve hundred and
seyenty-two dollars and 81 cents, on ac-
count OF the taxes on law process, &C.,
from the 1st Of September, 1881, to the
Of september, 1882. .eIerL
"WLLnN II. SMITH. Clery yed -
I also append certificate OF notary + Tho ,, y,
as to said receipt, as follows: kaxas ~ ~
PittSyiuGnia County. Va, &c.: LIST Sc
This day William B. Shepherd, sS2.
Pittsylyania County Court, exhibiPth day Q
q receipt signed by William IN