The age-herald., 1898-09-29
OFFICIALS OF
 COFFEE COUNTY Their Books Reported on By the State
 Examiner. GOOD SH0WINGS WERE MADE By the Sheriff and Probate Judge for
 Correct Accounts. TWO PRIVATES IN TIGHT PLACE Strong Law Firm Organized to Suc- ceed Tompkins & Troy Alabama Crop Reports Gen. Oates Talks Capitol Notes.
TWO PRIvATEs IN TIGHT PLACE


 which he is not enttled
 For feeding A. J. Burk defaultinS
 witness, April 1897, Z days...... .... 60 For feeding George Moseley after sen
 tence, Sept. 1857, 10 days..... $3.OO Interest two years s....... ....... ........ "A For feeding James Turner bastar1y, November, 1S97 132 days....... ..... S9.
 Interest 10 months..... ............ 2.6o Total.... .......... ......., $46.Vl The following should be charged against
 him for the reasons hereafter assigned Removal fee of Jim Miller. ....... .$15 % Interest 2 years and months. ........ 2.6O Removal fee of Henry Jachson..... 12. % Removal fee of Major Torry, from Coffee to Crenshaw ja for safe keeping. ........ ..... .......... 130J Interest II months. ...... ........ 2.S2 Total..... ...........Si9ld ld In the case of A J. Burk defauiu witness no judgment was rendered or eX ecution issued and returned ID property found," as required by law h the clse of George Mosely, the board for the ten days noted was collected from the state treasury, for time he was in jail after sell tence to hard labor, when the amo mt should have heen collected from the co., tractor The sum fer feeding James Ter ner, held under bastardy procee dings, was allowed by the auditor, on the official cer- tificate, under seal of Circuit Clerk Har- per, "that there was executi ordered against b. R. Du-dea, and that execution has been issued and returned by the sheriff no property found to make the money;' accompanied by the a1iidavits of the sheriff that the case of the state vs. James Tu-- ner, bastardy, on the 8th of September, 1897, the judge of the circuit court di charg ed the defendant, James Turner. . d or dered Judgment against E. R. Burden. the prosecutor in the case, and on the 20th day of September, 1897, the circuit clerk is- sued execution against said E. R. Durden for $3960, board of James Turner. and he, the said J. B. Lightner, has failed to make any costs out of the said D. R. Durd en. and has returned to the clerk said execu- ton no property found and the said E. R. Burden cannot eb made to pay the same. This statment was sworn to and sub. CT b. ed before the Hon. F. H. Rushing, judge of probate. on the 30th day of November, 1897. The trial docket and minutes of the circuit court, in which court the case was pending, show that the said Turner was discharged on the 9th day of September, 1887, on his own recognizance, ia the sum of $500 to appear at the next term of said court, and from term to term until legally discharged, and the witnesses were ordered to be resummoned The reason as signed for this action was that the comp.ai 7ant had failed to appear against the defenda t. No judgment was ordered in the case and there is no evidence in the records that the case had ever been finally disposed of At none of the succeeding terms of the court does the case appear upon the trial docket or minutes. From the facts shown it is clear that the action of the auditor is fully sustained by the evidence upon which he acted, but the certificate of the clerk and affidavit of the sheriff are not based upon the action of the court.
 In the matter of the removal fee of Jim Miller, it occurred during the official term of ex-Sheriff Knight, but the defendant as convicted and judgment confessed. at the September term, 1897, after Sherin Lightner's term began. Clerk Harper claims that this fee was never reported to him. hence was not included in the execu- ticn issued in the case. When shon the official certificate to the paid account, bear ing his signature, showing the contrary, he stated under oath that the signature was not made by him, and, according to his best knowledge and belief, was not written by any one in his employment. Ex-Sheriff Knight, who collected the bill from the state treasury, being sick in bed, I have not obtained his statement concerning the matter involved.
 In the matter of the removal fee of Henry Jackson, Sheriff Lightner failed to report it to the judge of the county court, who is also an ex-officio clerk of the court, and in which court the defendant convicted ana JuuSHleHt cOHleSS0u, hence IL was not included in the execution issued in the case.
 In the matter of. the removal fee of Major Terry from the jail of Coffee to the jail at Crenshaw for safe keeping, this is not proper charge against the state treasury, as will be seen by reference to section 4675 of the code of 1897, (4S73 of the code of 1SS6) The examiner adds
 Sheriff Lghtner wishes me to state that these matters will be promptly adjusted"
 Probate Judge of Coffee
 Examiner Purifoy has examined the books and accounts of the Hon. F. M. Rushing, judge of probate of Coffee coun- ty, beginning with November, 1S92 when he entered upon the discharge of such du- ties, and covering the intervening period to the 30th day of June, 1898, checking his reports to the auditor, of license issued and lands redeemed, with his books and reports to the governor, that he finds them correct, and his books neatly and correctly kept so far as these matters are concerned. The examiner adds:
 "As ex-offico clerk of the county court, of which he is also judge, he has failed to charge and collect fees paid to the sheriff for feeding prisoners while in jail in many cases where such prisoners were afterward convicted in said court and judgment con fessed for the costs. The total of these noted by me is S4050 with accrued interest amounting to S295; total, $43.45. These cases are set forth in detail in ex- hibit A, hereto attached. In this Judge Rushing explains that he has been informed by friends in whose legal attainments he has confidence that it Is not lawful to re- quire defendants and their sure ties to con- fess for jail board as a part of the costs where objection is made to such confess sion. But where objection was not made, and such amounts were brought to his at- tention, he included them in the cost bills and executions. In this statement he is borne out by the books of the auditor and treasurer, which show credits and pay