The age-herald., 1898-07-08

first months of my administration, and be- fore I had become thoroughly familiar with the duties of the office and the law govern ing the sheriff.
 With reference to the prisoners charged for in peace proceedings, to which he re- fers, l have simply this to say: There were fl days charged in all of this number l charged r days for William King, 10 days for Walter Snow, 2 days for John Thomas and two days for John Meredith total >31 days. AS the trial docket of the criminal court shows that those men were declared not guilty of contempt, and were ordered released by Judge Green, at loss to know how to proceed to obtain execution when no judgment has been ren- dered against the defendants. I called Judge Purifoys attention to the injustice of charging me back with the days charged for in cases where the state had failed. He admitted it was not fair nor just, and said he would call attention to it; this he has failed to do. Of the remaining Is days of the peace proceedings item, 6 days were charged for Belle Reese, days for Will Messenger and days for Miller Vincent. I informed Judge Purifoy that I had tried repea tedly to get executions from two jus tces, but had failed, and would make an- other effort, and if successful would send them to him. l have done so, and ere this he will have received them.
 I deny the statement that I have not com piled with section 4949 of the code; the sec ton requires the sheriff, or the jaior under his direction, to safely preserve the process or order by which any prisoner is com mitted to jail or discharged therefrom, or an attested copy of such process or or der. My daily report furnished the clerk a copy of which is made on my register and signed by the clerk, is an attested copy of every process or order.
 Section 5239, referred to at some length by the examiner, does not appear in the sec tions relating to the duties of either jailor or sheriff, and therefore was overlooked by both, in fact Judge Purifoy informed me that he found but one sheriff in the state who seemed to know there was such sec- tion in the criminal code.
 Examiner Purifoy in reporting on my claim of 159 days, which I make under ruling of Hon. w. S. White the present auditor, was well aware of the fact that I have not been paid by the state, and in justice to me he should have explained the claim.
 As to the charge of one day each for seven men for whom he claimed to have affidavits; find that two of the days were charged in error, the remaining five days I hold that I was legally and honestly en- titled to be paid for, as much so as for the remainder of the twenty y-nine hundred commitals to the jail during the time I have held the office of sheriff. Replying to the closing of the paragraph. I have smp- ly this to say: On one occasion while Hon. John Purifoy was auditor of the state asked him why sheriffs were allowed and paid a full day for prisoner when in fact they might not have given him but one meal, his reply was that the law reccg- nized no fractional part of a day, that the law allowed the sheriff day for the prisoner, even if the said prisoner had been inside the jail but five minutes, and in a conversation had with him in my office in Birmingham during his recent investiga- ton, he made the same statement; from the closing of the report it would seem that Examiner Purifoy differs with Audi tor Purifoy
 The examination. fairly stated as deem the facts warrant show that I have er- roneously charged the state 101 days, which includes Il days which were proper lv chargeable to convict labor contractors. These 101 days at 30 cents per day, amount to s3030 Against this, under the ruling of Hon. Walter S. White, state auditor, with whom rests the final disposition of these differences, cl.esm q credit of 159 days. at 30 cents a day. amounting to A77O, which would show tEe state due me $17.40.
 In conclusioa, desire to return thanks to the honorable state examiner fo- his complimentary consideration in the cH,sfrg of his report. Respectfully,
 FRANK r. DEEPEN. Sheriff Jefferson County.