Daily capital journal. (Salem, Or.) 1896-1899, 1898-05-09
18th fault or carelessness in connec-

with fault or carelessness in connec-
tiOn with that defacation.
Ihe fact that so large an amount of
money was in the treasury and not
used for retiring warrants was ex-
planned by the fact. that there were
over Sl5, 200 in warrants that had been
called but not presented, and such
was not the condition for several
years, for instance, on December 81
1896, the date of making the county's
financial statement. then pub
lished it appears that war
rants with interest called to
October 3, 1896 and not presented,
amounted to S15, ,737.0S, and that sum
was supposed TO be in the county
treasury 10 meet those warrants, when
presented: the report of the treasurer
showed thHt he had il on hand; how
could the county clerk know he did
not have it? 1t was, however, finally
due, largely to Mr.. Dunbar, that the
detalcatiOn was discovered. From
the conduct and actions of the treas.
urer and his deputy, he became sus-
picious that they we're short and COM
municated that fact I o IT," luudSnen,
who instituted an invesjil ttion and
July 3, 1897, discovered tina Ward was
defaulter to the amount of $l1, ,917.55.
Both Ward and his deputy, Howell
were arrested and prosecuted. 1t is
changed in some Of the artcals re-
ferred to in the JOURNAL, that Dun
bar selected the jury that acquitted
Ward, This is the language of the
CAPITAL JOURNAL in one article:
"lt seems that Chas. w. Fulton was
attorney for Ward, and twice acquit-
ted him with juries chosen by Dun
bar"
The statement is maliciously false
so far as Dunbar is concerned. Now
witness the truth:
Ward was tried twice and acquitted
the last time; on the first trial the
jury stood IL for acquittal to one for
conviction; only one of the jurors of
the regular panel or list of jurors
drawn by the clerk aud sheriff, was
on the jury, and it was he that beld
out for conviction. On the last trial
81 jurors were examined before jury
was selected, so largely had the case
heen discussed by the public, and not
single juror drawn by the Clerk Mr..
Dunbar, or which he assisted in draw
ing was accepted or taken on the
Jury, all were excused, principally by
the defense.
1t was then charged by the CAPITAL
JOURNAL that Fulton had Dunbar
appointed receiver of Wards affairs"
and that SIT is not yet shown to be
true that Clatsop county has been Sc
cured from the loss" This state
ment appears in THE JOURNAL of
May 1898.
The truth is, Fulton did not have
Dunbar appointed receiver. Mr.. Full
ton and his associate bondsmen had
possession of Ward and HOwell's
property under mortgage given to
secure them. r. l.. Sabin and other
creditors, of Portland, and elsewhere,
by their attorney Mr.. Joseph Teal, Of
CCX, Cotton, Teal and MinOr,-of Port
land.
commenced suit for the appointment
of receiver. Mr.. Fulton, represent
ing the bondsmen opposed the appoint
ment of receiver, but the court ap =
pointed receiver on the petition OF
Sabn ct ais, represented by Mr.. Teal,
and because of the confidence he, the
court, had in Mr.. Dunbar, on his own
motion appointed him receiver; this
will be substantiated by Mr.. Teal.
In the receivership suit, ClatsOp
county intervened for its interest.
Mr.. Dunbar so ably managed the
Ward Howell property that he real
ized not only sufficient to pay ClatsOp
county in full but to pay all expenses
of the suit and something on the
creditors claim. All parties were
more than satisfied with his manage
ment, and ia proof Of this statement
we refer to Messrs. Cox, Cotton Teal
and Minor, attorneys for the credi-
tors, and TO Mr.. g. r. Thompson, a
leading Democrat OF Astoria and at
torney for the bOndsmen.
On the 30th day of March 1898. Mr..
Dunbar. as receiver, pursuant TO an
order of the court, paid TO the cour ty
treasurer OF Clatsop county, the full
amount of theWard defalcation, prin-
cipal and interest up TO the said Both
day of March 1s9s The fact of such
payment having been made was pub
lished in every paper of this city
lAstoria) at the time, and it is re-
markable that THE JOURNAL did not
sec IL.
While 1t is true Ward was acquitted,
his Deputy Howell. was convicted by
the jury, and motion for a new trial
is still pending before the court.
Subscribed and sworn TO before,
III. A. SMITH.