The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1901-11-07
CHARGED WITH
EMDEzzLEMENT
William H. Kelley, Formerly Tax
Collector of Warren Put on
Trial on Charge Of Misappro-
priating Town Funds
CONGRESSMAN THAYER
ONE OF KELLEY'S COUNSEL
Witnesses Testify to Payment of
Taxes to the Defendant and
Show Receipts-AIIeged that
KeIIey'S Books Show No Rec
ord of PAYMENTS

AhOSOsENO EhSSSN StlNA =
KeIIey'S Books Show No Rec
ord of Payments
The trial of William H. Kelley, form
erly tax collector of Warren, charged
on 40 counts with embezzling $4,000 of
the town funds, was begun in the Su'
perior Court, criminal side, before
Judge Jabez Fox, yesterday forenoon.
Kelley is defended by Congressman
John R. Thayer and e. F. Lyford of
Springfield.
1t was evident from the time the
complaint was read that the case is
to be a fight to the finish between
counsel.
The jury was drawn as follows:
Patrick j. Bradshaw of Worcester
foreman, e. Chiever Bemis of Spencer,
Horace Chase of Northboro, Benjamin
F. Coville Of Webster, Scion S. Cook of
Milford, Cornelius Duggan Of Webster,
George Hill of Grafton, Patrick Lynch
of Blackstone, Nicholas J. Powers of
Worcester, Harry V. Prentice Of Wor-
cester, George c. Whitney of South
Mr.. Thayer offered three motions for
the dismissal Of the indictment The
first plea alleged that Albert w. Bliss,
who was on the grand jury, was related
to George Bliss, an agent of the town
Of Warren, and was, therefore, likely
to be prejudiced.
The second motion was that at the
time the money was alleged to have
been embezzled Kelley was not an
officer of the town.
The third ground was that the in
dictment ought to be quashed. as it
did not allege any offense, the money
he received being his and not the
towns.
District Attorney lockwood Hoar
spoke against these motions, and they
were overruled by the court, Mr..
Thayer reserving his right to urge the
right motion again at the close Of the
hearing.
Assistant District Attorney George S.
Taft opened for the commonwealth.
Mr.. Taft said the government would
prove that Kelley was tax collector of
the town of Warren in. 1867, that
when new collector took office Kelley
kept possession of the warrant and
books, for the purpose of completing
his collections, and did then embezzle
$4,000, or whereabouts, money paid to
him by the taxpayers of the town, and
not charged against himself or credited
to them or to the town.
Charles P. Blair, town clerk and
treasurer of Warren, testified that
Kelley was collector for Warren in
1894 1895 and 1896.
Selectman Edgar J. Beach testified
that Kelley was collector in the three
years preceding 1894. Witness got
Kelley's books into his possession in
May, 1900.
The tax collections of the town
ranged from $4,000 to $51, 900 Books
We're in the same condition now as
when witness first saw them. Kelley
had presented bills for services against
the town but they had not been paid.
The town voted to send a committee
Of the selectmen and present and past
boards of assessors, to see if settle
ment could not be effected. The COM
mlttee never went to Mr.. Kelley.
Why did not you, instead of going
to the grand jury, go to Mr.. Kelley?"
asked Mr.. Thayer. Witness said that
the matter had been running a good
many years.
Mr.. Hoar said that wasn't the way
OF it. That the complaint was made
to the trial justice. The court admitted
this line of examination.
George A. Lane was called. He said
his business was farming. He paid his
taxes to Kelley at the latter's office.
witness identified tax receipts signed
by Kelley showing that witness had
paid SIT in two installmentS. Paid SIS
in money. Later paid $62.
Clarence L. Williams identified re-
celpts for taxes amounting to s31. rs.
alleged to have been paid from 1896 to
1899 on four different occasions. Mr..
Taft alleged that there were no cor
responding entries upon the tax book.
Annie Lyons said she had paid taxes
to the defendant for Mrs Mary E.
Mccormick, her sister, and herself.
Ihere is no entry on the 1896 tax book
OF $40 received from Mrs. Mccormick
and no entry of payment of $22.32 by
witness to Kelley for Mrs. Nora Nc
Cormick.
Lafayette Lapiere Of Warren testi-
fed to payment of $4120 to Mr. Kelley.
There is no entry of payment on 1896
tax book. Officer John Legassy offici-
ated as interpreter, as the witness
could not speak English very well.
MRS. Lyms was recalled. Witness
said she paid taxes on estate of Eli
Mccormick. Identified receipt dated
May 26, 1885, for taxes due in 1895. The
whole tax was $685. Entry of $40 in
tax book, against the whole sum,
dated July 1. 1895. Witness paid in in
stallments, but could not remember
what sums were paid to Mr.. Garfield,
who was in Mr.. Kelley's Office and
what to Mr.. Kelley.
John Harness of Warren identified a
receipt Of date of July 1897, of $29. Sc
due in 1896. Paid the tax to Mr. KEEL
ley in latter's office. No credit on the
tax book of 1896.
Town Clerk and Town Treasurer
Blair was recalled. He read the assess
ors' totals of tax levied in town Of
Warren in 1894, $4,000. He said sums
paid by Kelley on each years tax levy
We're kept separate, each year by it
self. Witness said he had received no
money of Kelley, except what a.p-
peared on the books.
The books of the town treasurer were
brought in. Mr.. Blair testified to the
amounts paid to him by the defendant.
in 1894, 1895 and 1896. Some of the pay
ments were in cash, and some by
checks. Nothing in the amounts to
show what persons have paid taxes.
Witness only knew what year to credit
the amounts was by what Kelley told
him.
Mr.. Thayer subjected the witness to
a severe cross-examination. Witness
said in 1894 there was a difference of
$700.01 between the total levy and the
payments made by Kelley to him. KEEL
ley's percentage for collecting in 1894
was six-tenths of one per cent.
Mr.. Blair's receipts for money re-
cafve1 from KellaU Nrara MT in arrf-