The Rice belt journal. (Welsh, Calcasieu Parish, La.) 1900-19??, 1904-08-19
PERKINS CASE ENDED At LAST.
A Grand Array of Distinguished Legal
Talent Present.

!
! The various cases against John H.
Perkins which have, by consent of all
parties to the prosecution, been con-
sOlidated. came up in the district court
at Lake Charles Tuesday for trial.
There are six c0,a5 all told, and there
was Formidable array of legal talent
at the bar As it was not generally
known that the cases would come up
for trial, lucre we're scarcely any
spectators in the court room. MI Of
the attorneys present were arrayed
against Perkins, who has no represent
tatiVe in court, and their being no
opposition, the cases went against
him by default.
Attorney General Walter GuiOn
represents the state in its case against
Perkins and the bonding companies.
W. G. Dufour represents the Ameri-
can Bonding Company Of New Orleans.
j. D. Eubanks of Kansas City re-
presents the Fidelity Trust Company
of that city. Messrs. Pujo & Moss,
the local attorneys of the Fidelity
Trust Company, were also there repre-
sented in the personlof Hon. A. P.
PujO. The Fidelity Trust Company
was the assignee of the special rail
road tax for the old P. & G.. road,
and their claim for these taxes is
about 81, 900.
OPaul A. Sompayrac. of the firm of
Sompayrac g. Toomer, who are the
local agents, of the American Bond
ing Company was present, associated
in the case with Mr.. Dufour.
Leon Sugar represents the police
jury and the parish.
Messrs. Read & Stewart are repre-
senting the minor heirs of John A.
Perkins, who contend that as John A
Perkins wife died before he took the
oath of Office as sheriff, his property
was community property and that they
are entitled to one-half of it.
Joseph Moore, district attorney, is
conducting the prosecution on behalf
of the parish.
The principal witness introduced
Tuesday was George A. S. Speyker,
chief clerk in the auditors Office at
Baton Rouge. His testimony related
to the discovery of the shortage and
the demand made upon Perkins for
settlement
Following is the substance of the
verdict:
The attachment was maintained
without any preference on the funds
either in the bank or derived from the
real estate which under the law stands
mortgaged to the state and other
parties in interest.
The money deposited in the bank
under the name of B. A. Hampton
amounting to $40 being the proceeds
of the Weiner sale is recognized as
belonging to the plaintiff in that suit,
L. Kaufman, all of the funds in the
bank to the credit of J. A. Perkins,
tax collector, etc., due, collected and
deposited prior to the second day OF
June, 1904, is to be paid to the state
on the theory that the other claims
have received the portion which they
would have been entitled to if the
settlement had been made with the
state at the same time that settlement
was made with, them. And also the
law being in great measure to the
effect that whenever the states rights
conflict with other parties in the dis
tribution of public funds derived from
taxes that the state as sovereign has
prior right.
The bond company had deposited
$40, 900 in the banks of Lake Charles,
and retained 81, 900 on the theory that
the company was entitled to retain five
per cent of the amount of the bond.
This the court refused because the law
under which this claim was made reads
that surety company shall be entitled
to the FIVE per cent that the collector
would be entitled to when the surety
makes the shortage good. In the pres
ent case the surety company does not
make the shortage good but only to
the extent of the bond. Therefore the
judgment was rendered against the
surety company for the entire amount
of the bond which is $4,000. That
amount of money the court ordered
prorated among the claimants in pro-
portion to the amount of their claims
after deducting from the amount due