Los Angeles herald., 1893-01-01
JABEl AND THAT EXPRESS MONEY
The District Attorney Sues the
County Treasurer.
The Herald's Charges Fully Corrob-
GRATED in the Complaint.
That Thrifty Official Asked to Pungle
Up the Amount OF His Alleged
Bogus Charges Against
the County.

The complaint was fled yesterday
in the suit of the county against County
Treasury Jabez Banbury, to recover
judgment for over $z206. Az, which it is
alleged he received for expressage and
exchange on funds shipped to Sacra-
mento, when he never paid any money
out for such expressage and exchange,
but converted it to his own use. The
suit covers the points which were dis
closed SOME time since by the HERALD.
and on account of which the treasurer
brought libel suit against the paper.
The full text of the complaint is as fol-
lows:
In the superior court in and for the
county OF Los Angeles, state of Cali
fornia.
The county OF Los Angeles plaintiff,
vs.. Jabez Banbury, treasurer OF said
county, defendant.
The plaintiff for cause of action
against said defendant complains and
alleges:
/. That at general election held in
the state OF California on the 9th
day OF November, 1888, the said defend
ant, Jabez Banbury, was duly elected
county treasurer OF Los Angeles county
and he thereafter duly qualified as such
treasurer and entered upon the duties
of his Office on the first Monday of
January thereafter; that the said Ban
bury continued TO be and was the
county treasurer OF Los Angeles county
from the said first Monday of January,
1889, up to the first Monday of January,
1891.
. Nl,nk &l4 x1ax, 1f
the office of treasurer OF said Los
Angeles county by the said Jabez Ban
bury, defendant, and between the said
first Monday of January, 1889, and the
first Monday OF January, 1891, the said
Jabez Banbury, as such treasurer, pre-
sented to the board OF supervisors of
Los Angeles county claims for re-
payment to him of moneys alleged by
him to have been paid for and on
account of eaid Los Angeles county for
expressage and exchange OF moneys
sent by him as such treasurer to the
treasurer of the state of California, at
Sacramento, said claims aggregating in
amount the sum OF $3254 .04; that the
said board of supervisors allowed the
said claims of the said Jabez Banbury,
as such treasurer, and ordered and di-
rected the county auditor to issue to
him warrants therefor, and the said
county auditor did during the said in
cumbency of the said Office of treasurer
OF Los Angeles county by the said Jabez
Banbury, and between the said first
Monday Of January, 1889, and the fret
Monday of January, 1891, issue to said
Banbury warrants on himself, the said
Banbury, as such treasurer. for said
sums aggregating the Gum OF $3254 04,
DO, h do "a
board of supervisors that the said Ban
bury thereupon and during the said
incumbency of his eaid Office, and be-
tween the first Monday of January,
1889, and the first Monday of January,
1891, drew from the treasury of Los An
geles county on the said warrants the
said sums aggregating the sum of
$3254:04, and appropriated the same and
the whole thereof to HE, the said Ban
burt's, own use.
3 That in truth and fact the said
Jabez Banbury did not pay the said
sums, or any sums, for expressage of
said moneys, or exchange therefor, and
that the said mons ys transferred by him
to Sacramento were transferred without
any expense whatever. That plaintiff
did not discover the facts in this para
graph until during the Elk months last
past.
4. That the said Jabez Banbury has
never returned to the said treasury Of
Los Angeles county the said moneys so
appropriated by him TO his own use, or
any part thereof, and has not paid the
same to plaintiff, and the same now re-
mains wholly unpaid.
For further and separate cause of
action the plaintiff alleges:
That OF al n old IN,
the state of California on the 4th day of
November, 1890, the said defendant, Ja-
bez Banbury, was duly elected county
treasurer of Los Angeles county, and he
thereafter duly qualified as such treas
urer and entered upon the duties of his
Office on the first Monday in January
thereafter; that the said Banbury con-
tinued to be and was the county treas
urer of Los Angeles county from the said
fret Monday of ia luary, 1891, up to the
date of the filing OF this complaint.
2. That during the eaid incumbency
of the Office of treasurer of said Los An
geles county by the said Jabez Banbury,
defendant, and between the said fret
Monday of January, 1891, and the date
of the filing of this complaint, the said
Jabez Banuary, as such treasurer, pre-
eented to the board OF supervisors of Los
Angeles county claims for repay to
him Of moneys alleged by him to have
b ''s'd for and on account of said Los
e. nl expressage and ex
c. sent by ,him as such
t. il asurer OF the state of
(al 9lai3 Sacramento, said
s.t . Ng in amount the
&c. that the SAID
leif sisors allowed the
aid Jabez Banbury as
la ordered and directed
Il t, to issue to him war
the said county au-
ga4 the said incum bency
4 treasurer of Los An
g-irs e~e...y le said Jabez Banbury,
and betw- en- the said first Monday of
January, 1891, and the date of the filing
of this cumpla MT, issue to said Banbury
warrsnts or himself, the said Bsnbury,
as eu, b treasurer, for said Gums, aggre-
eating tie cum of $952 3S, in accord
ance with said order of said board of
supervisors; that the said Banbury
there upon and during the said incum-
ben,y of his said office, and between
the st i'd first Monday OF January, 1891,
end the date of the filing of this COM
psint, drew from the treasury of said
Les Angeles county, on the said war
rants, the said sumo, aggregating the
cum OF $9j2 IS, and appropriated the
came and the whole thereof to bis, the
oosl no nj tfrvuto ~