Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-03-18
ALLEGED DEFALCATIoN.
j. W. Mccarthy, Clerk of the supreme
Court, and BIS Accounts.


Court, and Bis Accounts.
For days, even weeks past, visitors at the
Capitol have been surprised at the great
amount of work. especially the comparing of
books and accounts, that has been going on in
the Governors, Controllers, Secretary of
States and Supreme Clerks offices. Prior to
the calling of the extraordinary session " of
the Legislature, when the Democracy were
hunting evidence, nothing strange was thought
of this unusual activity but after the Gov
ernor had sent forth his edict. and the in
vestigation of books went on apace, it caused
those, who dropped in occasionally, to
surmise that something was wrong among
those in high places. Several days since it
was rumored that the Clerk Of the Supreme
Court had not turned over to the State all
the fees and collections of his office. A rep
resentative Of the RECORD. UNION yesterday
called upon State Controller Dunn, and re.
quested an interview relative TO the matter.
He was invited into the private office, aud the
Controller then briefly stated the folSwing
facts: He said some days since his attention
was called to the fact that the Clerk of the
|
monthly, paid into TIE State Treasury the
amount due the State from his Office. he
ssid as soon as he was satisfied this was true
he telegraphed Mr.. Mccarthy TO come 10
| Sacramento, end at the same time put ex.
perts to work upon the books in the otice OF
| the Clerk Of the Supreme Court. Mr.. Nc
| earthly Immediately came to the city, said he
guessed there was some mistake about the
matter, and added, "It ! an short at all, l
will make it good" The Controller said he
] acted under Section 437 of the Penal Code.
Two of the deputies in the Controller 8
| Office were sent to San Francisco to examine
the books in Mr.. McCsrthy's cffics in that
| place, snd two took charge OF the books ia
| the Sacramento office. After several days
careful comparing and checking, it was escsr-
tanned that MIR. Mccarthy was short in his
accounts to the amount Of 81 104 90. This
money he Immediately paid into the State
treasury-Sl, 6S3 60 into the general fund
and 1920 90 into the Supreme Court library
! fund. This shortage, il seems from the
records, was not in large amounts, but
in small sums, from the time ne vent into
| Office. The books appear to have been kept
| in plain and simple style; there were no
erasures or changing of figures. 1t Is
| claimed by the Clerk that all the short
ages were errors. Tae largest was
where ne had collected from thirty.three APP
| pieants for license TO practice before the Su'
preme Court, $40 each, or $3.50, and erly
! turned over to the State SO.
| The Controller said when the money that
WAS due the State was paid ever he then had
| 10 further duties TO perform 10 the matter.
| He had written the following letter to the
Attorney. General, but SO far mad receiyed nc
reply: o,
SACRAMENTO March 10, 1884.
! Hon. L. C. Marshall, Attorney General Dear Sir
| On the 4th instant | was informed that J. W. Nc
CartHy, Clerk Of the Supreme Court, had failed &c
account to the State for certain sums OF money re
ceiyed by him as fees Upon examination OF hi!
| books, discovered that during his incumbency hi
had collected certain sums aggregating &, l04 90
which he had not included il his monthly reports I,
| this office. Immediately made demand on hin
| State Treasury this day. desire your opinion az
to whether any further action should be taken il
'-' ,-''''''' JOHN P. DUNN, Controller.
The reporter was shown some Of tbs
monthly statements of the Clerk Of the SUI
| preme Court, which were On file ia the Office
of the Controller. The heading was printed
IS follows: " Monthly report Of fees col
lected by Clerk OF the Supreme Court for the
month ending Then followed an item.
ICED account of all the fees collected AID at
| tbs bottom they are signed ~ the Clerk and
sworn TO as being correct. Mr.. Mccarthy
| being in San francisco, Of courso he could
not be interviewed on tae subject but il is
understood that he claims that he knew he
was son what 10 arrears, and intenGed max.
| ing q supplemental report. DEPUTY Clerk
| Lealze, vino has charge of the Office in This
| city, is ia no wise corrected with thu matter,
all his TRANSACTIONS checking cut entirely
| Correct