The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1894-06-24
Ex.oouNrY TREASURER M,ouLLoou
His Case Was Tried at tho June Term OF
tho Court and Non-Suit Entered.

His Case Was Tried at tho June Term o.
tho Court and Non-Suit Entered.
E. j. McCulloch, late treasurer Of
Botetourt county, on his final settle
ment with the board of supervisors or
the LIST Of May last, was found to be in
debted to the county S13,S34.57. Sui,
was entered against him and his sureties
to the May term of the county court
On the LIST day Of the May term of the
county court McCulloch confessed judg
ment for the amount claimed, and paid
$4,000 thereon in money, and turned
over to M. 5. Cahoon, county treasurer,
$1,000 OF bonds and notes, mostly Sc
| cured on real estate, as collateral SO.
curity. The case was then continued,
as to the sureties, to the June term. and
was taken up on Monday last.
The evidence was concluded on Mon
day evening and all OF Tuesday was
taken up in the argument of instruc-
tions. On Wednesday morning the court
gave TO the jury the Instructions asked
for by the defendants and refused the
instructions asked for by the plaintiff.
The su bstance OF the instruc lions was
that the term OF office OF E. j. McCul-
lCch, treasurer, for which his sureties
became bound expired July 1st 1889,
and that for his acts as treasurer after
that time his sureties are not liable
McCulloch having paid the amounts due
by him on his settlements for the years
1887 and 1888, the sureties were held
not to be liable for the amount claimed
for the subsequent years.
The effect of the instructions being
such that the jury could only find for
the defendants, and before the argu-
ment to the jury had been concluded,
the PLAINTIFF counsel took non suit,
with the view of entering suit in the
circuit court
The suit will be removed at once in
the circuit court, at the fall term, to
which the same defense will be made.
This case has created considerable In.
terest. The plaintiff was ably repre-
sented by Capt. j. Ii. II. Figgat and
G. M. Lunsfotd, Of this place. and Col.
John E. Penn, of Roanoke. Mr.. Haden,
commonwealth's attorney, appeared for
the county with his usual ability. The
discussion of the case on both sides was
thorough and exhaustive.
MIR. McCulloch, the defendant, has
shown a willingness to satisfac torily
ADJUST the matter now pending-Fin-
castle Herald.
The action of the late treasurer of
Botetourt in turning over to tho super
visor of the couaty $1,000 OF solvent Sc
curities to be collected and applied to
the debt he owes the county, and the
payment OF 1000 in cash in addition to
the So, 200 above mentioned, reduces his
indebtedness to about $4,000 and
though the ruling of the county court
be sustained by the circuit court, and
the sureties entirely relieved. the county
will not lore anything as Mr.. McCulloch
is doing large canning business and
will, within year at most, pay the en-
tire debt.
He is recognized as 8 man of high
characte ter and fine business qualities
tions and his Indebtedness to the county
grew largely in consequence Of indul-
pence which from time to time he gave
the taxpayers. A large petition was
presented to the board Of supervisors
requesting them to bring no suit to force
settlement with the treasurer, which
shows conclusively that he retains un-
impaired the good opinion of the citizens
OF the county.
1NFLAMED, itching. burning, crusty
and scaly skin and scalp of infants
soothed and cured by Johnson's Orien-
fol Sa1d h,,N