The age-herald., 1899-03-07
EXAMINER CONAN
 RENDERS REPORT On the Records of Former Cir cult Clerk McNabb. EX- OFFICIAL DELINQUENT Found to Be Due the State $2, ,34e.5o- The Examination Covers Pe-
 riod of Six Years-Re-
 port in Full.
EX- OFFICIAL DELINQUENT

ant Examiner of Public Accounts J. G. Cowan has been down in Barbour county the past few weeks examining the records of the public officials. His reports have shown very efficient and painstaking, but his report on the ex-circuit clerk, J. c. McNabb. is anything but whitewash. He reports that this former official is due the state the sum of $2 ,S46.5O.
 The examiners report is as follows:
 This examination covered a period of Der, 1898, at which time he retired from of fice.aa
 There are two divisions of the circuit court in this county, one at Clayton and one at Eufaula. It therefore became neces- sary to visit both places, as separate books were used for each division. Owing to the irregular manner in which the books were kept it has required more time to make this examination than otherwise.
 Tn many instances, particularly at Flu faula, the books were not indexed as re- quired by statute, and those which were in- dexed, it was done in a very imperfect manner. I find at Eufaula there was no criminal fee book kept. This is one of the most important books in the office, as the clerk cannot legally collect his fees unless they appear upon this book. I find many final records of cases have never been made, although the clerk has received pay for making same. find that no executions have been issued in criminal cases, except where defendants have confessed judgment for fines and costs. The statute piainiy re- Quires that executions shall be issued against defendants upon conviction in every case. where they are sent to the pen itentiary or to hard labor. 1 find that it has not been the custom in this county to use stub witness certificate books. Very many errors have been discovered, which are herewith set forth. The aggregate amount of these errors, including interest, Is $2346.50.
 Captain McNabb is due the state on account of solicitors fees, which have been collected and not paid into the treas- ury, $270.10. There is an accrued interest upon this amount of $77.09. Exhibit A con- tains an itemized statement of these cases.
 '.I find that he has collected and failed to refund the sum of s23240 on account of board of defendants while in jail, and who upon conviction confessed judgment for fines and costs, the board bills being in- cluded. There Is accrued interest of $65.1 on this amount. I find that he failed to charge up the sum of $24S.10 against de- fendants for board while in jail, where con- fessions of judgments for fines and costs were Hdu. IHeSe DOdIu DiliS COuiu hdfS easily been collected. I have not charged any interest upon this amount. The item ized statement of these charges can be found in Exhibits B and c attached to this report
 q find that he has failed to charge up removal bills against defendants, although the statute plainly requires it. Upon all the removal bills in my possession, for ex- animation, appears the certificate of the clerk that the sum had been reporte>- and docketed by him; yet none of them appear to have been entered upon the books save in two instances, where the removal fees were collected by the clerk, but not re- funded by the treasurer. These two amount to S33.75, with accrued interest or $8S0 He Is also chargeable with the sum of $219.52, removal fees, in cases where the costs were paid and these fees could have been collected had they been charged up. There is accrued interest of $5640 on this amount An itemiZed statement of these charges will be found in Exhibit D attached to this report.
 q find numerous errors in the cost bills which have been paid by the state, in cases where defendants upon conviction were sent to the penitentiary. Scarcely a single one of these cost bills is free from error. The errors amount to the sum of $So0.S1, with accrued interest of $2S366 to be added.
 sIn forty or more of these cases, the clerk received pay for making final records, ranging from s2 to $2.5O each, when the books show no final records were ever made. Nearly all of the other cases, where final records were made, show overcharges In many cases charges are made for issuing and executing subpoenas upon defendants witnesses In some cases the fees of the defendants witnesses are charged up against the state. In many cases witness fees are charged up in the cost bills when the grand jury and subpoena dockets do not show an attendance was proved. In several instances find defendants in- dicted in two cases, one of which being mol pressed and conviction in the other, the witness fees in the case mol pressed are charged against the state in the case of conviction. I find very many other irregu- larities in these cost bills. An itemized statement will be found in exhibit "E,' at- tached to this report
 q have given Captain McNabb a copy of these discrepancies more than fifteen days ago, and have purposely delayed this report in order to give him an opportunity for exclamation, but he has studiously avoided me and while in Eufaula engaged in the investigation of his books, he was conspicuously absent. I have addressed him several communications, to none of which he has replied in persan.
 'All of which is respectfully sub mitted.
 s -rr JAMES c. CONAN,
 Assistant State Examiner"