Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-10-08

pasheb VI OeihWHIe eTtipeS, u present. 10 tne
committee from Solomon Hersey.
The committee then for few minutes
made q commencement on the investiga
tion of ex-Tax Collector Dougherty's ac-
counts.
On question of one of the members of
the committee it was ascertained that the
amount inserted in the filing of the answer
was the total, 81, 2S4.O6, as ascertained by
the committee Thursday evening, less the
collectors commission of STAB
ANSWER TO THE MKSDAMus.
At late hour Friday afternoon and
after Levy Court had adjourned, the attor-
ney. for the court, Il. q. Bradford, Esq,
filed his answer in the mandamus case
with Peter A. Horty.
1t is. a lengthy missive, the salient points
of which are as follows;
II is signed only by Richard G. Bucking-
ham, David Il. Hutchinson, Robert Il.
Simpler John w. Jolls, james H. Clark
and Paul ellis.
They admit the various counts, that the
bond OF the sureties Of George w. Mckee
was delivered to and approved by the Levy
Court that judgment was entered in the
superior court upon the bond on July sth;
that execution was issued and Sheriff Sim
mons made u levy accordingly; that on
September 18th ex-Collector Mckee paid
the SUM of S7,5l613, amount due on the
Judgment, with interest, to County Treas
urer John T. Dickoy.
But the answer expressly and positively
denies that the said sum of s7,5l6.I3. SO
paid to the said John T. Dickey, county
treasurer for New Castle county as afore-
said on the l7th day Of September, A. d.,
1891, was in full payment of the balance
due from the said George w. Mckee,
county collector, as aforesaid. for county
and poor taxes for 1880 and of interest
thereon. US aforesaid, and Of the amount
due for collection Of the negro school taxes
for the year 1890. And these defendants,
on the contrary, aver that ut and iminc-
diately before the time Of the payment by
the snid George W. Mckee, collector as
aforesaid. to the said John 4. Dickey,
county treasurer of New Castle county as
aforesaid, Of the stun Of seven thousand
five hundred and sixteen dollars and
seventy-three cents as aforesaid, there was
due from the said George w Mckee, col
lcctor as aforesaid, on his official bond, to
the said John T. Dickey county treasurer
Of New Castle cointy as aforesaid,
the further sum of twelve hundred and
thirty-three dollars and eighty-iiye cents,
the said sum Of twelve hundred and thirty
three dollars and eighty-live cents being
the. balance of the sum Of twelve hundred
and sixteen dollars and forty-two cents,
the amount OF county, poor and negro
school taxes for the year eighteen hundred
and ninety collected or received by the
said George W. Mckee. collector as afore-
said, and not accounted for by him, after
deducting commissions for the said George
w. Mckee, collector as aforesaid, and add
ing thereto legal interest from the twenty
third day Of june A. b., eighteen hundred
and ninety-one. And these defendants fur
therayer that the said further sum oftwelve
hundred and thirty-thrce dollars and
eighty-iive cents has not either in whole or
in part at any time heretofore been ac-
counted for by the said George w. Mckee,
collector as aforesaid, and that the same
together with interest on the principal
thereof from the seventeenth day OF Sep
TENDER, A. D.. eighteen hundred aud
ninety-one remain wholly due and unpaid.
A GROSS FRAUD PRAcTIcEp.
George w. Mckee, collector as aforesaid,
practiced upon these defendants and the
other defendants iii this case as commits
sioners Of the Levy Court Of New Castle
county, and upon the taxpayers of said
county gross fraud with respect to the
said sum OF twelve hundred and sixteen
dollars and forty-nine cents. being the
amount of county, poor and negro school
taxes collected or received and not ae-
counted for by him, as hereinafter stated 1
That the said George w. Mckee, collector as
aforesaid, at the March term Of the said
Levy Court, to wit on the eleventh day Of
March, A. p, eighteen hundred and
ninety one, filed, in said court list
purporting to be . list Of delinquent
taxablcs In order that the amount
of taxes assessed upon seid tax
ables might be allowed to him by
said Levy Court as errors and credit given
to him for the same; which said list pur-
porting to he ali error or delinquent list
was, after examination by the appropriate
committee appointed by the said Levy
Court for that purpose, and the report of
said committee upon the same approved
by the said Levy Court on the twenty-sev-
enth day of March, A. D., eighteen hun
drcd and ninety-one; the said Levy Court
during, prior to and ever since the said
March term, A. D., eighteen hundred and
ninety-one. having been and now being
composed of all Of the defendants in this
cause as commissioners thereof That the
said Levy Court at it's said March term did
in fact make settlement and allowance to
and with the said George w Mckee, col
lector as aforesaid, Of and upon said list so
filed by him purporting to be an error or
delinquent list, and the said George w.
Mckee was in fact credited with the
amount thereof.
A FRAUDULENT ERROR LIST
That the said list purporting to be an
error or delinquent list returned by the
said George w Mckee, collector as afore-
said, ta the said Levy Court, was not true
error or delinquent list, but On the con
trary Was fraudulent and untrue in that
the said George W. Mckee knowingly,
fraudalently and unlawfully included iii
said list the names Of very large number
Of persons, 70 wit. eleven HUNDRED aud
twelve persons, residing iii the said South
diet ripf ftf ltiln1 httnftr41 WI
were duly assessed for county poor and
negro school taxes. Or some Of said taxes,
for the wear eighteen hundred and ninety,
and oil If whose said taxes, amounting Ia
tle said sum Of Sl,2i6.42 had been re-
eeivGa III fill by the said George W.
Mckee collector, as aforesaid before he
made return TO the said Levy Court Of said
list as aforesaid.
NIL IN TOTAL IGNORANCE,
And these defendants aver that at the
timcof the making ot said settlement and
allowance and the giving IF said credit "a
the silia George w. Mckee Of and Upon
said list 81 fraadnlenlly returned parport.
ing 10 be All error or delinquent List they
and all 81 them were iii total ignorance 81
the fact that said List had been untrnlyand
fraHdulentlY prepared and returned in
in such manner as u include the names Of
said large lamher Of persons, or OF any
person who had been duly assessed for i
county, poor or negro school tax and
whose tax had been paid to and received
By the said George w Mckee, collector, as
aforesaid.
HICKMAN Din NOT Know 1T.
And these defendants further aver that
they and all Of them and, rs they verify
belieye I'LL theother members Of said Levy
Court were at all times and continued III
total ignorance Of tile fraud and illcgality
50 practicel by the said George w Mckee
collector Is aforesaid upon the said Levy
Court until long after March, A. ~,
eighteen hundred and ninety-one, to wit
until about the beginning Of June, A. D.,
eighteen hundred and ninety-one,