The Greenville times., 1890-12-06

The BefaaItiHg Treasurer Goes 70 Ehe
PenitenElarJ.


In a lengthy decision the Supreme
Court afirns the Judgment of the
Lower Court and ex-State Treasurer
Hemingway is committed to the peni-
tentiary. The following is the Com
mercial Herald's synopsis of the opin-
ion:
The opinion of the court was deliv-
cred by Chief Justice Woods and was
very lenthy, containing elaborate and
learned arguments on all grounds OF
error (thirty-six in number) that were
assigned and relied on for reversal.
An hour was occupied in its reading,
The salient points in the principal er-
rors assigned, are as follows: The ap-
plication for continuance at trial the
count relied on for error, being ad-
dressed to the sound discretion of the
count, will not be disturbed by the ap-
pellate tribunal unless for palpable
abuse of that discretion, which we are
not prepared to say existed. He then
reviewed the several counts in the in
dictments and failed to sustain assign
ments Of errors thereon. The instruc-
tions of the lower court to the jury
were reviewed at length, and the court
found no reason for reversal in any ol
those admitted or rejected. Serious
stress having been laid on an instruc
ton in the court below, stating in eff
feet that failure to turn over money
in his hands BY defendant, or to give
reasonable account Of the same, Ii
proof of embezzlement and it Is no
necessary to show felonious appro
priation, the court held said instruc
ton proper, thereby upholding tht
doctrine of the supreme court Of Ten
nessee, announced in the cases of Leo
nard vs.. State and Cameron VS.. State
The court said the district attorney II
his speech before the jury said SOM
things that would have been bette
left unsaid, but II was not sufficient, II
view Of the case for a reversal.
The opinion concludes as follows
GAS to the only remaining contention
that tho evidence was not sufficient L
support the verdict, it is our plain ant
imperative duty to say that the short
age in the defendants accounting Will
the State as its treasurer is put beyon'
the reach Of cavil by the evidence Il
the record before US.
The official reports required by lav
to be kept by the Treasurer boa
silent witness against the defendant
aud this silent witness Is powerful,
supported by vast mass of other ant
independent and convincing eyidenc
pouring in the same direction. If thi
deficiency of more than $500, 900 ha
arisen because Of errors in the defend
ants receIpting his predecessor 4
Office fourteen years ago, how is
possible to conceive the failure to di'
cover such errors prior to 1886, whe
on the basis Of that settlement wit
Holland, the for former treasurer, th
defendant was only chargeable wit
balance Of about $1,000? Docs nc
human credulity stagger when aske
to believe that the defendent was, !
1886, actually carrying the State as b
debtor for more than 100000, an
yet this must be conceded. II 1t WI
true, this balance Of $4,000 allege
, to have been embezzled, was credite
by error Of like amount against Il
defendent growing out Of the settl
ment with Holland. II this gre'
balance 10 the product of error
bookkeeping since 1886, when the q
counting disclosed only about $70t
In tho defendants hands, Is 1t NJ
equally incredible that all the ofiici
and unofficial, public and private O.
aminations OF the records in the trea
I urer's office have signally failed to di
cover that tremendous fact. That Il
| defendant has not accounted for or
: all explained his failure to produce
Z pay oyer the great balance shown
+ have been in his hands, or to ha'
0 been converted or made way by hil
q is incontroyertibly made certain, al
o all the evidence IN the case leaves
Q no solid ground upon which to rea'
Q any other conclusion than that arriv'
t at by the jury on the trial below.