The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-04-10
THE COMMIT TEE'S REPoRT
It Will Probably be Handed to the
Governor Tomorrow.
THEN FOR THE BOOKS AT PENITENTIAaY
Some Legal Complications Likely 10 Arise as Il
the Liability Of Mortin's Bondsmen
and Who Shall Lose That
St,249 rs.

The legislative committee yesterday
finished checking over the disbursement
accounts for the penitentiary, kept by
Major Martin, the defaulting clerk in
State Treasurer Worth.s office.
Last night they began on the receipts,
which they will probably finish by tonight,
and tomorrow the committee will prepare
the report to be submitted to the Cover
nor, setting forth the result of the in
vestigation.
When this is done Senator Arlington
will go to the penitentiary and the books
of that institution will be thoroughly ex-
amined.
State Treasurer Lacy said yesterday
that number of new Irregularities had
been found in the books, which apparent
ly run uns-the shortage very materially
He added:
Il had never believed it would go be-
yond $4,000, but now | think it will be
$4,000 or $4,000, and it may go even
higher. Unless we find something to
scale it down. when we examine the re-
ceipts, the shortage may go even to
$4,000
The new irregularities found by the
committee were all. with one exception,
prior to January 1st, 1898. These ac-
counts were not examined by the expert
employed to make an investigation prepa-
ratory to Martins trial
The favorite plan adopted by Martin for
getting the money seems to have been
to draw two checks for the same war
rants or vouchers. These were always
drawn on the cashier of the bank, and
were presented to Treasurer Worth for
his signature on different days. The
money received on one of them Martin
would use in paying the warrants and the
money received on the other he would
put in his pocket.
The irregularity overlooked by the ex-
pert accountant was one of exactly this
kind-two checks for over 5000 for the
same warrants.
There is considerable uncertainty about
the liability of Martins bond. The first
two years he gave a bond with personal
security. The last four years his bond
was in surety company.
From this, two questions arise:
L. Was not the first bond good for the
entire term of office? If so the surety
company will escape liability and Mar
tins bondsmen will have to foot the bill
2. For how long is an official bond LA
BILE? Some think it is for one year after
expiration of the term of office and some
maintain that it is for three years.
In either event, and in all events, much
depends on Martins term of office-if
indeed he had any term, which Judge
I, haId he a5
Among those on Martins bond for 1895
and 1896 are Oscar ]. Spears, Lewis DAN
iel. Spence Taylor and w. f. Gibson and
others. This bond will be called on to
make good the 1896 shortage. There was
no shortage in 1895.
Another question that the courts will
have to settle is as to who shall make
good the money stolen by Martin while
working for Treasurer Lacy.
1t will be remembered that just before
going out of office, the latter part of
February, Martin secured from Mr.. Lacy
a check for $1.249.52, ostensibly to pay
penitentiary claims. He did this by
changing the number on check and
when confronted with it after his arrest
he confessed it. but said it was to pay
warrants presented while Worth was in
office, but that the money then drawn for
their payment he had used for himself,
but that the check signed by Lacy was
used to pay the claims.
The question now is, who loses this ST.
24952-Worth or Lacy?
1t Will thus be seen that even a plain
case of stealing from the State, even
when the thief confesses, is not without
many perplexing legal complications.