The Washington times., 1903-07-18
PETTY DEFENDS ACTION
IN THE WINFREE CASE
Answers Complaints Made to the
Commissioners.

Auditor Petty late yesterday afternoon
submitted third report TO the District
Commissioners. covering his business
dealings with W. W winfree. a local
builder. who in 1896 had a contract to
reconstruct and enlarge the Wallach
school building on Capitol Hill.
ABOUT two weeks ago the Commission
ers received letter from Mr.. Winfree
alleging that Mr.. Petty retained, as Au-
ditor, $1,000 which belonged TO him
(Winfree) under the contract in ques-
ton The writer added that Mr.. Petty
had made every effort possible to avoid
payment and that winfree had never
learned what had become OF his money.
MI Petty, In his report, says he
scarcely knows how to deal with such a
bald. unsupported statement. He says
the author OF 1t has no claims to con-
sideration. but that as the matter has
been officially referred to him he can do
no less than quote the record in for
NAL refutation OF the charge.
Claims and protests" says Mr. Petty,
from Winfree's creditors poured into
the Office. and under instructions from
the Commissioners 1 supervised the dis
tribution of the funds until we came to
the final payment, amounting TO S2,16s.S5,
which is the payment to which he refers,
although the amount is somewhat less
than he names.
Under instructions from the Commits
sioners l required Mr.. Winfree 10 in
dorse the check over to me as Auditor.
This he did, and deposited the money
to my official credit In the Central Ma
tional Bank. I then directed him to
make pay roll. showing the names Of
his laborers. and the amounts severalIy
due, as l considered the preferred cred
itors should be paid in full. The roll
| amounted 10 s1.o57.32. and this sum I
placed in his hands. requiring him. per-
sonally, to make payment TO each claim
ant as he presented IT himself.
Il then deducted s279.7S for material
which had been furnished to him by the
District and paid It into the Treasury OF
the United States, August 3. 1897. Win
free claimed had no authority for max
ing this payment and brought suit
against me for the entire amount. less
the sum of the pay roll. The case was
tried and was referred by the court to
Col. James G. Payne to state an ac-
count, which he did, allowing as a
proper credit the $279.7S which I had
paid into the Treasury, and providing FOR
the pro rata distribution OF the balance
among the creditors after payment OF
the costs. The report was confirmed
by the court, and the money paid in ac-
cordance with the decree"
second complaint made by Mr..
| WtNfree that Auditor
pended payment on vouchers due for
work in connection with the removal Of
ashes. Mr.. Petty states that this has
foundation to the extent That in the
work OF hauling ashes II was necessary
for Winfree TO secure a stable.
He rented one from poor woman"
says &r. Petty. "who. depended upon the
/ receipts from this source as a part OF
! her living. She called my attention TO
the fact that Winfree was a District
contractor, who was using her property
in executing his contract. while abso-
lutely refusing 20 pay the rent due
] therefor.
Il took the case Immediately before
4 Commissioner Ross. who instructed me
! to do what I could for the owner. We
| both realized, however. that we could
only appeal 10 Winfree's sense Of Justice.
! This I did, urging him to pay. He was
obdurate in his refusal. and the out
/ come was that he got his money. but
the Commissioners selected another
contractor in his place for the removal
of ashes.
Il am convinced. in the light of these
facts, that all fair minded people will
agree with me that my action was not
/ an arbitrary exercise OF power, but the
/ discharge OF duty incumbent upon me
as an official representative OF the Dis
triet."