The herald., 1893-02-15
THE STATUS OF THR JABRZ BANBURY
CASE.

receive one dollar of the money which
it is alleged Jabez Banbury, for four
years county treasurer of this county,
took out of the public funds on charges
for moneys he claimed he had expended
for the county, but which as matter
of fact he never did pay out.
1t will be remembered that the
HERALD. alleged that Mr.. Banbury
charged the county in the neighbor-
hood of $4,000 for exchange he claimed
to have paid out on county moneys
shipped by him fiom here to Sacramen-
to and from Sacramento here. This
money was paid on claims Banbury
from time to time presented to the
board OF supervisors, from 1889 to 1892,
and were by them allowed.
The last grand jury made white
washing report on the matter, although
it is understood that District Attorney
Dillon made diligent efforts to have
Banbury indicted under section 72 OF
the penal code, which is as follows:
every person who, with intent to de-
Aho0As RAO5Ohe6 lOl 6llOW ahCO VI lOA pay
ment to any state board or officer, or to
any county, town, city, ward or village
board or officer, authorized to allow or
fraudulent claim, bill, account, voucher
or writing is guilty of felony"
The district attorney, Mr.. Dillon,
urged upon the late grand j1ry, it is
stated, the advisability of indicting Ban
bury under this section, and presented
the evidence upon which he based his
advice and counsel, all OF which was
strong and conclusive.
Then Mr.. McLachlan, the late district
attorney, as last official act before re-
firing from Office, filed civil suit against
Banbury to recover some $4,000 which it
was asserted the defendant had illegally
and unlawfully taken out of the public
treasury.
The next chapter of this interesting
tale was the disclosure that in all prob
ability the complaint in this civil action
was fatally defective and would be
thrown out of court on technicality.
District Attorney Dillon discovered this
rather important flaw.
And now the latest is that it is alto
gether doubtful if the county can ever
recover dollar of the money Banbury
got illegally, on any complaint. 1t seems
that the supreme court of California has
held that claim once passed upon by q
board of supervisors favorably is a
judgment against the county for which
those supervisors are acting. Then the
only way to recover Is to set aside the
judgment or favorable action OF the su-
pervisors. This can only be done with
in stated time after the claims were al
lowed and paid.
There is no question but what Ban
bury'sillegal demands were presented to
the supervisors and acted upon favor
ably. The time in which the money
could be recovered, it is thought, has
elapsed. Mr.. Dillon, though, proposes
to do everything that he can in the
matter to get the illegally obtained
money back.
The only way in which Banbury can
now be proceeded against criminally is
for some citizen and taxpayer to file an
information charging him, under sec-
tion 70, with felony. Then he will be
arrested and have preliminary ex-
animation before committing magic
trate. This will bring the case to the
superior court.
Notwithstanding the public dissatis-
faction with the late grand jury and the
urgent demand for new one, ell efforts
to get new one have proved fruitless
One was requested but was denied.
Among other things, new grand jury
was wanted to take hold of the Banbury
case. But there are interests too
strong and with too great pull which a
grand jury would imperil.
The case OF the county We. Banbury,
which is referred to above, will be argued
on demurrer week from next Monday
in department four OF the superior court.
Assistant District Attorney Skinner will
represent the people, and will contend
that the complaint, which was drawn
by the last administration OF the dis
trict attorneys, is good. The defend
ante attorneys will assert tnat the COM
plant does not state sufficient facts to
constitute cause for action. If the
demurrer is sustained the matter will go