The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1890-07-12
THE LAW OF TILE CASE

There were three indictments against
Archer in Baltimore for embeZZlement.
and one indictment in Annapolis fol-
malfeasance in office. Tie whole amount
OF the enlightenment, as charged in the
indictments, is $132, 401 %. The indict-
ment to which he pleaded guilty was
filed on Il 29th of last April. and was
based on section 50, of article y of the
Code, which covers embezzlemeut by a
public officer
This indictment contained four counts.
The first count charged. that on the 2
of January, 1890, while Mr.. Archer was
treasurer of the State, he embezzled
seventeen Frederick City per cent,
bonds each of the par value OF 81 900;
thirty seven Baltimore aud Ohio Rnl
road car trust 4 per cent, bonds, each
value of $1,000; there Piedmont and
Cumberland Railway per cent. bonds
each of the par value OF $1,000. and
sixty one treasury relief bonds, of the
par value OF 81, 900 each. The second count
charged that he fraudulently appropriat
ed the bonds to his own use. The third
count charged that he embPzzled 50, S3l-
%, and the fourth court charged that he
fraudulently appropriated this sum t"
indictment was $127,S31 %.
The second indictment was under the
general law against embezzling, and its
first count charged that Mr.. Archer EN-
beZzled 81 $40 i'll current mouey belong
ing to the State. The second count of his
indictment charged larceny of the same
amount.
The third Indictment charged EN-
h. = ia, no
and larceny as of the amount as bailee in
the second.
The two remaining Indictments in Bal
timore and the Annapolis indictment will
be non pressed. Besides these, there is
the suit instituted in Hartford couny
against Archer's bondsmen to recover
the amount of the entertainments. This
suit will come up for trail in the fall aud
will be pressed by Attorney General
Whyte. The same counsel who defended
Archer are counsel for the bondsmcn
The impression is general that Archer
used the State funds to make good Ger
tain deficits in trust funds he had in
charge. He was trustee of large
amount of money for various people.
The indictment to which Archer
pleaded guilty was the one on which the
State desired conviction. The statute
on which it was based says: ANY per
son holding office in this State, whether
elected Or appointed by the Governor, by
the corporate authorities of b tltimore, or
by any other authority legally authoriZ
ed to makes such appointments, who shall
frauduleutly embeZzle or appropriate
to his own use money, funds or evidences
of debt which he is by law bound to pay
over, account for or deliver to the treas
urer of this State, or to any other person
by law authorized to receive the same
shall be guilty OF a misdemeaGor, and
shall, upon conviction thereof, be sen
fenced to the peLitentiary fol not less
than eighteen months nor more than ten
years"
The defeuse filed a demurrer to this in
dictment. claiming that the law did not
apply to the treasurer, which was argu-
ed before Judge Stewart on tie 18th of
May Immediately after the argument
Judge Stewart gave an oral decision Sis
tanning the demurrer and quashing the
indictment. Not satisfied with this, the
State sued OUT writ Of error the next day
and sent the questions to the Court ni
Appeals. 1t was argued before the Court
Of Appeals on the 18th of June with all
the judges sitting except Judge Miller
On the LIST of July the opinion of the
Court of Appeals was delivered by judge
Robinson. The opinion of the court was
unanimous that the indictment, VS.
good, and the case was remanded, tie |
decision of Judge Stewart being revers-
ed. The same day the opinion OF the |
Court of Appeals was filed the defense
counsel were notified to come into coult |
next dav and fix day for the trial OF the |
case. The next day the prosecution ask
cd and obtained the assignment of the |
trial for today. The defense sought a
until the fall, but without |
avail AS tho facts were clear and con-
vlction was almost certain. 1t was sou 1T
to obtain the mitigation always allo~ei |
Tor pleading guilty and saving the OK
pense of trial. While doing this, l. |
was desired to have as little publicts a.
possible, and all worked together for this |