Los Angeles herald., 1892-11-04

county and candidate Tor third term,
has failed to answer the charges made
against him by the HERALD, This pa
per makes the statement that he has
charged the county $47l7.19 for ex.
pressage and bank exchange; that as a
matter OF fact he has never at any time
paid one dollar for expressage, and that
the bank exchange he has obtained from
the Los Angeles banks should never
have cost him penny.
These charges are not idle. This pa
per is prepared to prove them by Wells,
Fargo & Co.'s agent, and is willing at
any time to send it's representative be.
fore the grand jury, to the end that a
legal investigation be made. Mr.. Ban
bury has placed himself in a most un-
enviable position. He has violated Sec
ton 72 Of the penal code of the state of
California, which reads as follows:
Section u. Every person who, with
intent to defraud, presents for allowance
or for payment to any state board or
officer, or to any county. town, city,
ward, or village board or officer, author
lied to allow or pay the same if genuine,
any false or fraudulent claim, bill, &C.
count, voucher, or writing, is guilty of
felony.
Mr.. Banbury has certainly presented
to the board of supervisors of this county
nearly 20 demands for money which he
never paid out. The law fixes the pun
ishment in felony cases at imprison-
ment in state prison not less than one
year nor more than IA years. Then, too,
if the board OF supervisors do their duty
they will direct the district attorney to
commence q civil suit against Mr.. Ban
bury to recover the money he has ille-
gally drawn out of the county treasury.
The question is, will the district attor-
ney do his duty? The grand jury meets
today. These illegal charges of Mr..
Banbury should be presented to them.
As was before stated, the HERALD will
send it's representative before that body
with facts sufficient to throw light upon
the whole matter. As far as the figures
are concerned the grand jury has two
experts now examining the books, and
it would be an easy matter for them to
verify those already presented by the
HERALD. They will be found to pe cor
rect.
Third-That said language was pub
lished of and concerning the plaintiff by
defendants az aforesaid, with intent and
meaning to convey, and the same was by
the persons who read said language 90
published as aforesaid. understood and
believed to convey charge that plaintiff
has violated section 70 of the penal code
of the state of California, which reads as
follows:
Section ". Every person who, with
intent to defraud, presents for allowance
or for payment to any state board or
officer, or to any county, town, city,
ward or village board or officer author
lied to allow or pay the same if genuine,
any false or fraudulent claim, bill, ac-
count, voucher or writing, is guilty of a
felony.
And that plaintiff has presented to the
board of supervisors of Los Angeles
county nearly 20 demands for money
which he has never paid out, and that
he is guilty, of felony.
Fourth-That the defamatory matters
contained in said publication as herein
before set forth, and every part and por-
tion thereof, are false and libelous, and
were published by the defendant malic-
iOusly and with the intention to defame
and scandalize the plaintiff; and by
reason of the publication thereof the
plaintiff has been injured in his good
name, reputation and credit, and has
sustained damage in the sum of $40, 900.
w AOAOiOiO pAoihblA PIdy6 JuuRutut
against defendant for the sum of $40, 900
and for his cost of suit.
w. T. WILLIAMS,
Attorney for plaintiff.
The complaint is verified by Mr.. Ban
bury as true of his own knowledge. and
is not sworn to upon information and
belief.
Mr.. Banbury evidently is of the opin-
ion that the people will think that by
the commencement of this libel suit he
intends that the whole matter of the
charges he mas made against the county
for exchange and expressage during the
last three and one-half years shall be
investigated in court OF justice. The
HERALD makes the prediction that this
will never be done.
A brief review of the charges Mr.. Ban
bury has made against the county for
expressage is as follows:
February 25, l869-Paid Wells, Fargo
& Go. for transportation of coin from