The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1890-06-19
MISSISSIPPI MATTERS.
The Hemingway Case.

The first indictment has three counts.
The first counts, varying merely in form,
charge the common law crime OF en-
bezzlement on the specific date of the
expiration of his term, the other that
the embezzlement occurred on divers
days between the beginning of his first
term, commencing in 1876, and the end
of his last term, expiring January g,
1890. The third count charges embez-
element as defined in Section 27S9 of the
Code of 1880.
The second indictment is based on
Section 27ss of the Code of 1880, and
charges the ex-Treasurer with failure
and refusal to pay over and deliver to
his successor in Office, the sum of money
belonging to the State in his hands on
the expiration of his term on demand.
The penalty prescribed in this last in
dictment may be ten years in the peni-
tentiary, whereas for the crime of en-
bezzlement it may not exceed five years.
Col. Hemingway came into court at
o'clock pm, accompanied by his coun-
gent & Neville, tho State being rep
resented by District Attorney r. n.
Miller, who read the two indictments to
Col. Hemingway, who, being thus
formally arraigned, pleaded not guilty.
Judge Calhoon, for the defendant,
stated that the defense desired to inter
pose an application for a continuance,
giving as his grounds that Leroy Doug
las, the expert employed by Hemingway,
had not had time to make thorough
pert had found $67, 900 of errors, and
that it would take three months yet to
complete the investigation.
Col. Nugent then said that the expert
had discovered what he thought was
$4,000, butiwas not yet certain.
The District Attorney objected to the
continuance, and stated that the law
expressly required the Treasurer to cor
rectly keep his books, showing at all
times exactly and correctly his liability
to the State for its moneys, and that the
law made his failure to SO keep his
books indictable as a crime, and that to
grant the continuance on the grounds
stated would be in effect to allow the
defendant to invoke his own crime in
failing to keep correct books as reason
why he should not now be tried for an
other crime.
The Court ordered the defendant to
put his application for continuance in
writing, and submitted to the Court in
the morning, when its merits will be
passed upon. The Court then ordered
the defendant to give bond in each of
the two cases in the sum of S25, 000 and
he was allowed until tomorrow morn.
ing to make the new bonds.
JACKSON, June 10.-This morning ex-
Treasurer Hemingway filed his two new
onds of $4,000 each as required by the
Court yesterday.
The Court denied the application for
a continuance, and set the case for trial
next Monday.
JACKSON, June 11.-Application was
made to the Court to-day by the District
Attorney in the Hemingway case for
subpenas duces tecum on the Western
Union Telegraph Company and the ex-
press companies to produce kilograms
from Hemingway to E. R. Richardson,
in 1882 and 1884, asking Richardson to
send him S150,00O on the night the Leg
islature passed the resolution to inves-
tigate State offices, and for the book
showing receipts of express about the
same time. The Court granted the ap-
plication and ordered the companies to
produce these papers.
JACKSON, June 13.-In the case of the
State VS.. exTreasurer Hemingway, Dis
trict Attorney Miller to-day submitted
to Judge Calhoon, of the counsel for tho
defendant, the following proposition;
THAT if the defendant would agree to a
change of venue to Raymond, in the
second judicial district of this county,
he would consent to a continuance to
the January term of said court; or, Sec
ond, that he would consent to acontinu-
ance to the January term and have the
trial here, if Hemingway's counsel
would agree to give him information,
within two months of the next term of
the court, of the facts they should dis
cover and rely on to explain the dis
crepancy between the books and the
cash, the State to do the same
Judge Calhoon answered the District
Attorneys proposition thus: ''In refer
ence to the change of venue to Raymond
Hemingway was willing to trial any
where after time to have his books ex-
amined to show the errors, but his coun-
sci declined and overruled him, because
the acceptance involved the waiver of
the exception to the courts refusal of
his application for continuance to give
time to demonstrate error in his books
and no real shortage. To the second
above proposition Judge Calhoon an
swered that Col. Hemingway had moth
ing to conceal at any time; that he knew
there was error, as he had none of the
States money, and he was satisfied that
Col. Hemingway would consent, and
that he would submit the proposition to
the County Counsel and inform him of
the decision and thought they would
agree to the proposition unless from an
indisposition to lose the point on the
refusal of a continuance by the cc.Irt.
Miscellaneous.
MRS. HORTON, wife of Henry Horton,
an engineer of the Alabama & Vicks-
burg Railroad, died at Forest three
weeks ago. While looking through her