Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1884-12-05
THE CLERKS ACCOUNTS.


Pe'er'b"rs Case issars aud Dtsmssssed-- -Csrs-
i'pe Case Partially Hssrs-AeesssS Admit
ted 10 Bail.
MT. smith came into court about twenty
minutes 10 II o'clock yesterday morning.
accompanied by his counsel. Mr.. samuel
u. Wit. Commonwcslth's attorney, vas
also present. Auditor Marye detained the
court for brief while, having left Mt bis
Office some papers which were necessary.
and which bad 20 be sent for.
Mr. John c. Aruis,cad, clerk Of the Pc
tcrsburg court. and Mr.. Thomas W. valen-
tine. clerk of the Court Of Carollne, were
both present.
As soon rs Mr.. Valentine came In Mr..
witt was introduced 10 him and took him
aside for consultation.
After awhile the messenger returned
with the papers and the case was COM
menced by Clerk AImistead. Of Petersburg.
being sworn. He said he lived In Peters
burg. and was clerk Of the Hastings and
Circuit courts Of that city, and that be re-
eeived fines and tax on legal processes In
these courts. On the 18th Of December
last he sent certified check IN the Auditor
Of Public Accounts OF Virginia, and re-
ceivsd for Il receipt signed by william
II. smith. He sent three separate accounts,
which were covered by one check. He
Identified The check presented In court ~
the certified check sent, and said Il hid
never been paid. Last July Mr.. Smith
| wrote him, and he, as commissioner for the
settlement OF the affairs Of the broken
Petersburg bank, entered The check ne
a debt Of the State against the bank. In
| his letter Mr.. Smith made no explanation
| why the check bad not been presented for
| payment. His method was TO settle by
certified check. Five months elapsed from
| the time he sent the check until the fpllure
81 the bank. He me ntioned In his letter 10
the Auditor yesterday the fact ~ Smiths
calling bis attention 10 the check not hay.
| ing been paid In July. In his iirst letter he
failed to do this, but said perhaps Mr..
smith could explain the matter satisfacto-
rily. lie bad settled the affairs % the bank
~ q commissioner. and knew that the Com
monwealth held claim against the bank
for 1882, and had always hecu told at the
bank that the check had not been paid.
Colonel Marye testified. He said that
before the proceedings against Mr.. Smith
had been instituted ne did not communi-
cate with Mr.. Smith. In the excitement %
the unfortunate affair he failed. perhaps, to
notice the exact language of the letter from
Mr.. Armistead. He wa- not familiar with
The history of the case NJ the time. lie
knew the check was missing. but did not
know where II was. and wanted to get
trace 81 II. Mr.. smith was not in the Office
at the time, but was sick NJ homo. and there
was no mention oi the letters or check on
record I'm his Office. and he fer il
his duiv % public ofnrcr =, i.f
The nate before Conim0ue calth's. Ai,or.
rsy NIu, iLt chcck was found by
p. smith In desk among other
valuable papers. locked W, and the
key 10 The lock kept by Mr. smith. I
thought they ought 10 have been In the safe
for greater security. Mr. Smith was a
great invalid, frequently requiring surgical
operations. lie went 10 New York las,
summer and remained under treatment
for some time. His trouble had been ag.
grayatod by the recent unfortunate turn
in events in the Office, and he had no doubt
OF his real illness. Smith was charged with
the duty Of looking over the accounts OF
court clerks and notaries public who make
annual settlements with the Auditor gem
orally before December 18th. He also
looked after the accounts OF the banks and
The insurance companies. These settle in
January. So il will be seen that a
large amount OF work comes before Mr..
Smith in January and December. Esre-
cially is this true in December.
when the Legislature is In session:
members bring numbers OF accounts from
their constituency which have been re-
fused by the Auditor, and these had to be
referred to Mr.. Smith. lie was also statis-
,can for the Office, and made out the forms
used in the various departments. Colonel
Marye said this accounted for great deal OF
the work that had accumulated on his hands.
| He had variety OF duties that caused him
| TO postpone work that ought to have been
promptly attended TO. Mr.. Smith also
looked after the delinquent land-tax. but
he gave HIM a clerk to help him, and had
| intended TO relieve him OF some OF the
work, but when he spoke TO Mr.. Smith
about it he had remarked, "You will leave
me nothing to do"
Colonel Marye kept copy OF all corre-
spondence in bis office. but he could not
find line to show that any Of his prede-
CO tssors had ever beld any correspondence.
Mr.. Smith could tell.
MIR. Smith said "Colonel Taylor kept
copies Of his correspondence on paper SINH
lar to that upon which he wrote his letters,
Mr. Massey kept a copying-book, and both
took copies OF their correspondence away
with them at the expiration OF their terms
| Of Office
Mr.. Witt said: Z" The case is with your
| Honor"
Judge Crlrmp asked Mr.. Witt If he in
| tended TO ask that the case be sent on to
| the grand jury.
Mr.. Witt said he was frank to say that he
did not. The evidence in this particular
| case did not sustain the charge.
Justice Richardson concurred in the
| opionion expressed by Mr.. Witt that the
| evidence did not sustain the charge Of EN-.
| bezzling and feloniously converting 10 his
| own use Sl.552.S7 in money and property
| belonging to the State, and the case was
| dismissed; but whether the check was re-
| tanned with fraudulent intent would fur
nIsh ground for another charge.
TIE CAROLINE-COUSTY CASE.
The other warrant charged Mr. Smith
with embezzling s62.32, the property OF
| the State.
Colonel Marye. Auditor, was the first
witness examined.
MIR. Witt asked him If there was any
L nOlt ol any tsN paw NV hA'
Office from Caroline county from January
| |, 1881, 10 January ], 1897
Mr.. Marye said as careful examination az
| he could have made had disclosed the fact
| that there was none.
Judge Crump asked whose duty II was
| in the Auditors Office to enter on the books
| the fact that there had been a settlement
| made with court clerksi
Colonel Marye said the transaction re-
| ferred to ante-dated his connection WIN
| the office. lie imagined that the whole set
tlement had been made by Mr.. Smith, and
there was no such charge on his book III
settlement with court clerks. The habit
had been TO pay Mr. Smith the money due
| the State, and he accepted the duty OF send
| ing il to the Treasurer. He then would
| bring the Treasurer's receipt to the
| book-keeper once a month 10 be re-
| corded. The book-keeper had nothing
| but the Treasurer's receipts as evidence
| that tax had been paid. The law
makes it the duty OF the court clerks
| TO pay the money to the Treasurer IN per-
son, but the practice had been Is stated
| Usually Mr.. Smith did not take the
money himself, but would send II by the
messenger. In fact, nine tenths OF the
money was taken 10 the Treasurer by the
messenger. II was Mr.. Smiths duty also
| to open mail and distribute work coming
| TO other Office clerks. He once understood
| that Mr. Smith Caye all tho receiDts IN the