Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-03-04
Efforts to Throw the Responsibility
for the Wood County Losses Upon
AUDITOR DUFFY PROVE FUTILE
And Cause That Gentleman to Make a Statement Of
How E. Wlri C.ossua Conducted His Opera
tons and How Ea Was Discoys,ed-Ihs
Responsibility Placed Where Il Be
l01gs-I1,erss.i1g Correspond
e1ce Published fir the
Frs. Tine.
- T.l.1rar. 3 Il Rsgillsr.

REGISTEE'S representative, 20 whose
notice were brought several unjust
statements relating 90 the thettS perDe-
trated in the office of the Circuit Clerk
of Wood county aud which even went
so far as tOassert the liability of Auditor
Z. r. Duffy for the money trauduiently
obtained from the State, called upon
the Auditor 40 his Office to-day, and OO-
tained the following inverview:
I observe In a recent issue OF the
ParkersOurg state Journal that the
management OF your Office is criticised
and an attempt made 70 throw on you
instead OF Capt. Clemens, the reSponS'-
biity for the crOo6edness in the office
OF the Clerk Of the Circuit Court Of
Wood county, which has lost 20 the
State several thousand dollars and an
unknown SUN o. individuals. lt IS In
timated in that paper that you should
be sued rather than Capt. Clemens Tor
these losses Are you willing 20 make
q statement of the matter as one in
which the public generally is Inter
eSted2
I have always heretofore refused 20
be interviewed on this subject, and in
deed / have talked but little about 10.
Clouston was indicted in Wood county,
and did not desire 20 speak OF these
matters After 10 was discovered that
fraudulent reports had been sent from
the clerks Office TO the Auditors office
and fraudulent witness certificates were
issued. i instituted an investigation by
sending an agent, one OF my clerks,
with a list of what witness feebillS had
been paid In certain cases, % the clerks
Office ia ParkerS0urg, where an inveS-
tigatiOn was made, and by examination
Of the records and books OF that office
10 was reported 90 me that the State
had paid fraudulent fee bills in fifty
three separate prosecutions, amounting
in the aggregate 20 S1j, S67,4O, from the
February term, 1854, of the Circuit
Court, till the November term, 1889.
About S., 900 of this sum was paid by
nv predecessor. Further examination
would perhaps have increased the num-
h-r Of cases in which these fraudulent
certificates were issued and the amount
paid on them.
How was il that these frauds were
not discovered at an earlier date, and
what led To the discovery?
Z MNlA AIIF law ANte+NNAe ~ N.tN ENA J l-AH. NAN
OF witness certificates by the State was
amended by the last Legislature, the
Auditor had no means of detecting
frauds or fraudulent reports and wit
ness certificates in any Clerks Office.
The statue (sec. II, ch. 50) expresses
what shal. be shown In witness certih-
Gates, and provides that 'it shall be the
duty OF such clerk, as soon as possible
after the adjournment Of any
Court, TO make out . list oil all
entries made on behalf OF witnesses at
tending for the State whose fees are
PAYABLE out OF the treasury and certify
such lists 20 the Auditor" These lists
are furnished by the Clerk, aud certi-
fed by him under the seal OF the Court,
and recorded by the Auditor in a book.
As the witnesses certificates, or fee
bills. are presented for payment they
are compared with these recorded lists,
and n found 20 correspond and are
properly endorsed, are paid. No wit
ness fees are ever paid until they arc
found to correspond with the lists
furnished by the Clerk. There
fore. no opportunity exists fora witness
or any person other than the 4hcer who
makes out these lists, or some person in
colusiOn with him, 20 perpetrate a
fraud. AN the witness fee bills paid by
the State which emanated from the
Clerks Office OF Wood county CORE
sponded in every respect with the lists
certified oy the Clerk 20 the Auditor
under the seal OF the Court You will
therefore see that 10 would be imp0SSi-
bic for the Auditor % detect fraud on
the face of the pagers. All these lists
So certified are official acts done under
the official oath of the officer.
Now, you asked how the frauds men
toned were detected. Ny suspicion
was first aroused by reason Of the enor-
nous criminal charges In Wood county,
and especially for witnesses in felony
cases. In the case of the state against
Braham, in August 1850, l returned
four witness certificates, amounting TO
over thirty dollars each. for the reason
that the witnesses did not seem 20 have
claimed attendance within sixty days
after adjournment of the court. These
certificates were again sent 10 me and
with them this letter:
PARKERsBuRG, W. VA, August g, 1859.
Hon. p. r. Dl,gy. auditor, Charleston;
DEAR SIR:-I have examined the wit
ness certificates ana md them TO be cor
rect. and have approved the same,
Very respectfully,
rSicnedl Z. r. Caldwell,
Prosecuting Attorney,
Wood County.
Still I was not satisfied that these
witness certificates should be paid, and
addressed the Prosecuting Attorney this
letter:
stats OF WESr VIRGINIA.
AUDITORS OFFICE,
CHAR1 EsTON, August @9, lcoS J
C. T. C,lfrsl, Prosecuting Attorney Wood
county.
DEAR SIR.-YOur letter Of the s1th re-
ceived. in which YOU say you have exam
iued the within certificates. j presume you
refer 20 the certificates IN favor OF j. j.
Jones. ID. e.. Collins W. ". Webb, H. W.
Roe and II. ID. StGgg, witnesses IN the case
of the State against Wm. Braham, charged
with felonv. The above claims or certlh-
Gates were this day presented by the
Charleston National Bank. i refused 10
paw said claims until i could set the To-
lowing information FROM you Where dlo
these witnesses reside when summoned IN
this case, and where do they now reside.
Has the defendant, Braham. been tried; II
SO. was he convicted Or acquitted. Did the
witnesses claim within sixty days. The
Clerk viii inform you as TO the last ques-
ton. You viii pardon me for troubling you
with this matter Yours truly,
ISigned1 L. +. DUFFY.