The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1888-03-03

gan have been submitted TO the bosrd
and approved, and two others filed by him,
should be accepted and madesettle ment and
until then no indictment is good. This Is
not correct. Milligan knows he Is holding
county money and we are TO prove II and
let the jury judge. But suppose Milligan's
reports were false the six of them, he can
come In ard say that the legislature Of the
county, the board, approved them. That's
nothing. If the six reports were false
though the board approved of them, 1t
! don't follow that we will approve of any
more of them. We can Show that he has
COLLECTED fees from Tom, Dick and Harry,
that he has not reported. If he'is not one
of the officers included In the section we
!, claim, then that Is the end of our case.
, Brewer followed in an argument for the
State. He thought the motion, or demurrer
to the evidence, Is premsturely made; he
thought the evidence had tendency to sus.
tain the indictment, and tho facts submitted
must be admitted as true. The evidence
shows that Milligan has received $50, 66l
and his deputies SIS, 600 In addition. Also
that the bsiliffs received $4.405. This was
our testimony. This evidence, Mr.. Mill
gan six reports, shows that he has received
1883, 226,S4 from different sources, and We
Iexpeot to show more STILL lie Was entitled
to receive $1,000 IS salary, still leaving
$50, 226.34 expenses and incidentals. or
THAT sum be has received all but 1855
and 81, 405 paid his bsiliffs. Can II be that
for S69 900 received by defendant, he can
} only be punished by $1,000 fine! Is it pos
lsible that an officer who has taken so much
can only be reached by so paltry finer
Ia. A., hat 10 hoc
: application to this case. II has no appljca.
ltion but to defaulter in Office, and gives
, the court power to remove him. The objec-
ton which the defence makes comes too late,
as it should have come up before the motion
to euash the indictmen. before Judge
: Blanchard, and Overruled.
Fullerton: The county treasurer stands,
, as all the other officers, by this same section.
The law is very plain in defining how a
retiring officer shall settle and be settled
, with, wisely specifying that the Board
, shall settle in full, and give him a receipt,
and if in arrears the Board must record the
amount received, or due, for the sake Of the
sheriff. bondsmen. as we'll as himself This
small fine of $1,000 was provided for to
}. cover an officers failure to report every six
months. 1t WAS high degree Of assurance
: by the attorneys of the people to come in
) here and talk of the enormous deficits Of
: $9l 900, and $Ss 900, and all that. They
/ say nothing about credits. Why talk just
about balance? As fast as he drew county
orders from the county he deposited them
/. with the treasurer to the favor of the county.
9 II il like the treasurer taking out money
t from one pocket and putting it in the other.
4 The county board is never estopped from
examining officers reports and correcting
J. mistakes. He quoted two opinions Of the
8 Supreme Court of Illinois sustaining this
g point. They, Of the peoples side, come here
bowling about items of debt against Mr..
Milligan, but not word do they say about
l. errors the other way. They have found
them, and we have found them, small in
,. detail, and trif1ling in aggregate, and in all
). not the slightest sign Of intentional wrong
doing, -errors both ways, such as the best OF
Il men will make, and as will be made 10 the
> end of time.
n Prior to 1879, the fees and emolumeDts Of the
Sheriffs Office were his and no report wa
required. He gave history Of the passage
y Of the fee and salary act, in which 1t Wal
!. required that the officers should keep books
g showing the condition Of their Offices, and
"a tho board Of supervisors were required To
~ examine these books regularly and to com
o pare the semi annual reports of the officer
1t with their books, and settle up their accounts
d and make the result known to the world
? The boards are bound TO do Il by tho Law
The boards have discretion to fix salaries O.
:. county officers, and provide for expenses o
% deputies and other items. Tho suprsm'
u court has 80 decided. In Milligan's case tn
~ bosrd failed to fix his travelling expenses
but required him 10 report his expences VA
20 der oath to them.
10 In the case OF Dag9ett .. Ford Co., the 81.
v preme Court have decided that these allow
. ance of expenses may be changed hom tint
y to time by the board. The sheriff (Milligen
@ was directed to report his expenses, under
loath He did so, and they allowed every hill
six Of them, and nearly adj under the direction
q of the then prosecutor. Does it follow tha
al Miligan should 90 to the penitentiary fol
obeying the board OF supervisors, for doing
Oi what the board ordered him to do--what the
,. Supreme Court have said the board had 9
!. fright to direct him TO dor Now, Is it worth
s. while TO 20 farther with case watch mas
v result in Dir. Milligans aequittaly There
:, never has been an audit Of Milligan's account.
u rs sheriff nor any order to turn over any
10 money. Can anyone be lawfully indicted
"a and punished on such state OF thingsy They
say that the county treasurer, without any
OrueT from tDe DOhTu, Chulc duu CenaHueu
:. $4,000. What for Who gave him author
ty? How does he arrive at this or any SUM
. They have not settled with Mlligan. They
Q don't know what Miliigan's claims are! They
a refuse to ask him, or look into his last two
reports.
S The Court: Is it conceded, Mr.. Moloney,
4 that the moneys Miligan retains are fees col.
lected and retained by him.
u Moloney: Yes, in part.
The Court What is there besides fees of
Office, retained by him.
Moloney; Moneys got on 0rders-ordcrs
. appropriated He had no order the firt three
=, ycars-no order on the clerk, except 81 900
The Court: But his bills were approved?
Il Moloncy: His reports we're approved
The Court: The question is, il this likely
to 20 through long prosecution
3 Moloney: 1t may take day longer or 90
"A day, should think.
The Court: What want il, 10 consider
the case carefully. I do not desire work for
= nothing. These moncys-sre they the fees Of
the sherif's Ofiicey
Moaney: They are moneys he earned In
3 service as required of him according to law
, The county owned those moneys; about
800, turkeys fees, he has not reported. He