The Montgomery advertiser., 1904-11-01
PROSECUTION OF CASE
FILING or SUIT DELAYED BY PA
 PIERS DErNG IN MOBILE.
Attsrney GeneraI win Have Record fss Complaint Against Former Tax Collector Prepared Defoxe
 Ind of week.

Becaase of the absence of certain re cords which will have to be secured form Mobile. the suit against the bondsmen of former Tax Coiiector John Case, of Mobile county. was not | filed by Attorney General Massey Wh- | son yesterday as was expected. As 1t will take several days to get the papers needed 1t will possibly be the last of this week before any pro- ceedinrs are instituted. MT. wilson said yesterday that these records were necessary to the proper fling of the complaint.
 It is understood that Mir. Case at taches much importance to the fact | that the grand jury of Mobile coun- l ty which adjourned few days ago. refused. or failed, to indict him in the face of the damaging report made by Assistant State Examiner O. F. Sed- berry on September 90. last. It is fur ther ascertained that the fact that his made by Assistant State Examiner Cowan in December. 1900. Is counted by MT. Case as telling card in his 1 favor.
 On instructions from the Governor. Assistant Examiner sedberry went to Mobile about September IS last, to check up the books of Mr. Case for the year 1898. The matter had been brought to the attention of the Gov ernor by reports from Mobile that a shortage existed. Mir. Sedberry re- ported September 90. as indicated, that Mr. Case was due the State the fol- lowing sums: General State tax $6.- | 5s3. .os: Soldier tax $l.is7.st; School
 tax $1.ls7.s1: total ss,sos.si. with in- | terest from July 1,l1s0o.
 Shortly after this report was made l public, an expert accountant. Mir. Ros- l son, was sent to Mobile as a represen- lhtstive of the Fidelity and Deposit Co. of Baltimore. surety on the bond of MT. Case for sso,ooo. R. F. Maniey. of Birmingham. state agent for the
 bond company. also went to Mobile aAd Il spent several days looking over the | to have been convinced that Mir. Case was short, though they do not con- cede that the amount is anything like as large as charged by Examiner Sed- I berry. In fact there is Q story to the effect that Mir. Rosson has expressed l the opinion that the shortage is $4,- l 500 less than reported by the State ex- aminer. which would make his figures | if the story is authentic. S4,40s. This amount. with interest at per cent. | would bring the total on July 1, last | tO 49soAVs &8 CtsnP6kGQ " t4Attbo AtA eAN Sedberry showing.
 l Concerning the failure Of the grand l jury to indict Mir. Case 1t is said that the action was more positive. It de-
 fused or declined to indict. Mir. Ros- son was before the. jury and carefully 1 questioned 1t is reported as to his ex- animation and as to Captain sedberrys
 rA,ort. The whole matter was sifted
 and the jury decided to suggest nc
 criminal prosecution. so the story | goes.
 In the examination made by MT.
 Cowan for the State in December, 1900 I 1t was discovered that Mir. Case was
 due the State Sssz.3s which he paid
 and took therefor the receipt of the
 examiner. This action was later rati- | fed and indorsed by q meeting of the State Board of Compromise composed of Governor w. !. Stanford, Attorney I General Charles c. Brown, and Audi l tor Thomas L.. eowell.
 Attorney General Wilson states that
 the Cowaa receipt and settlement will
 count for naught if there was a short age at the time the examination wal made. It is also a fact that the fail | ure of the grand jury to indict can have no effect on the suit for recovery
 from the sureties if there Is a short age.