The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1897-12-18

EXAMINER FOSTERS REPORT
Investigation of Accounts of De-
Kalb County Officers.
SHORTAGES ARE DISCOVERED
Which Seem to Have Been the Result of Neg
IigeuCe Rather Than the intention
Of Defraudug the State.
Special to The Age-rIerald.

Special to The Age-Herald.
Montgomery, Dec. IT, Assistant Tx
aminer Foster has been engaged for some
time in checking up the books of the
county officers of DeKalb county, and to-
day rendered his report to the governor
OH the result of his investigation of the
accounts and papers of Circuit Clerk Full
Ter and Probate Judge Cook. The report
shows that both officers are due the state
amounts which they have failed to pay.
However, these errors seem the result of
negligence rather than the intention Of
defrauding The reports are as follows:
Probate Judge Cook
1 find that all moneys collected by him
for licenses for the use of the state duly
reported and paid into the treasury
The investigation shows that he has fall
ed to report and pay over to the treasurer
five redemptions, amounting to $lAl2 1t
also shows that he has reported ana paid
three redemptions twice, amounting 10
s25.54 The state is therefore due him the
difference between these two amounts on
this account
7 find that the Judge has no record in his
office of land sales and redemptions under
art of Feb g. 1896, except pencil memo
randum of such sales and redemptions Kept
bv him on sheets of paper, which nave
become very much mutiated by constant
,se The records in his office showing the
purchase of these lands and lots py the
state, but do not show what disposition
was made of them under this act. coih-
pared his reports to the auditors or THESE
sales and redemptions, with this memoran-
dun. and found same to be correct
7 find that he failed to tax up as a part
of the cost and issue execution THEREFOR
feed bills in a number of cases. amounting
TO Interest to date having been added,
N5914. The judge states under OATH IN
reference to all of the above, substantially
as follows:
First. A short time ago, in checking
over my books, l found several redemp-
tions, which 1 was lead to believe from
the records, had not been reported, hence
reported and paid them. l now see from
my reports to the auditor that three OF
these had already been reported. AS to
those which failed to report, am unable
to account for, except they were in some
way overlooked by my clerk.
Second AS to sales and redemptions UNI
der act of Feb. 9, 1895, not appearing on the
records in my office, will say that it was
my intention to put them on soon after
the sale took place. but was very busy, and
had to postpone the matter from time to
time until it was entirely overlooked but
will have it attended to Immediately.
Third. I did not issue execution for feed
bills in cases where prisoners sem
fenced to hard labor, deeming such a
course useless, as all such prisoners were
insolvent.
Fourth Did not tax up feed bills as part
of the cost in cases of confession of iudg
ment, because l did not know the law re-
quired it.
Amount due state, H. L. cases. ... .$122 So
Amount due state confession of judg-
ment.. .................. 36 %
Amount due state, redemptions. IA II
sl73 %
Credit Recapitulation
BY amount of redemptions paid.....s % 81
Balance due the state...............s 147 70
Circuit CLERK Fuller
The investigation shows that on Feb. Is,
1893, Tom Page was convicted of an assault
and battery, and confessed judgment for
fine and COST The judges minutes on the
trial docket show that the fine and cost
were paid and the prisoner discharged.
The clerks records show that on Jan.
81 1896, he collected from the sureties of
Francis Arthur $780, being balance due on
the solicitors fee in his care and failed to
report it. The rest of the fee in this case
was collected and reported some time pre-
vious. further find that he has made
partial collections in five other cases which
he has failed to report.
find that he has failed to tax up as
part of the cost and issue executions there
for feed bills in number of cases amount
ing Interest to date having been added
to s17S43.
Mr., Fuller states under oath in reference
to all of the above substantially as fol-
lows
l. The fee collected from Tom Page was
overlooked both by the solicitor and my
SELF as he did not report it to me.
2. l did not report the other five cases be-
cause these fees were only partially col
lected
8. did not tax up feed bills in cases
where prisoners were sentenced to the PEN
itentiary or to hard labor, because 1 was
confident all such parties were utterly in
solvent.
a. 1t has always been my custom to tax
up the feed bills in cases of confession of
Judgment, and am at loss to know why
1 overlooked the cases found in this exam
nation
Amount due confessions of judg
ment... IS S672
Amount due from persons sentenced
to the penitentiary or hard labor. ;. Hill
Amount due on solicitors fees col
lected... -. .. b9so
Killed Negro
Special to The Age-Herald.
Selma Dec. I'm. S. McRae, a promi-