The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-02-03

In the Henrico Circuit Court yesterday
Judge r. Carter Scott rendered his
decision In the proceedings against the
treasurer OF the county. summarily remov-
Ing Mr.. Henry e. Hechler from offlce
for malfeasancc and directing him to
turn over all books. papers and cash to
the clerk of the court. The order did
not make any provision for appointing
successor to Mr.. Hechler. Counsel for
the treasurer requested stay OF pro-
ceedinEs for thirty days, during which
time they might consider the advisability
Of carrying the matter to the Supreme
Court. This request was granted.
Judge Scott has had this matter
under advisement for some days, and
has given careful consideration to tho
stenographers transcript OF the pro-
ceedings and to the books, papers and
reports filed a5 exhibits in the case.
He notified counsel for Mr.. Hechler
that the matter would be called up
Messrs. O'Flaherty & Fulton were
present, representing Mr.. Hechler, and
Commemorative Attorney Wenden-
burg, the State.
Decision of Court.
Judge Scott read a carefully prepared
opinion, which is given in full below,
and called attention of counsel to the
laws of the State governing cases OF
this sort. as set forth in sections S64,
S66 and 3717 OF the Code OF Virginia,
edition of 1887
The decision OF the court is as follows:
Commonwealth of Virginia
H. C. Hechler Treasurer of the Coun-
ty of Henrico.
On rule to show cause why he
should not removed from said Office
for malfeasance therein.
The rule issued in this proceeding,
directed to II. C. Hecher, treasurer
of Henrico county. to appear before
this court to show cause why he
should not be removed from office for
malfeasance in this, that he did on
the first day of October 1906, use the
sum of S3,5T3.S6 of the funds OF the
county of Henrlco for purposes other
than such as may be provided by
law.
This :, was made returnable on
the II. y of January, 1907.
On that day he appeared In person
and by counsel and filed his answer.
and thereupon the Commonwealth in
troduced certain witnesses and docu-
mentary evidence to prove the charge.
and the respondent introduced Wit
nesses In his behalf.
The case was heard by the court, as
provided by law: the respondent being
the courts appointee.
The defense made by the respondent
is that he had used the money out
of a common fund kept in his name
as treasurer OF said county, IN which
he kept the funds 6 said county and
n fund of s6o5I.5a which he had
collected from tax tickets turned over
to him by the personal representative
of his predecessor in office. w.
]. Todd deceased. and that this
sum of SGo57.52 belonged to the es-
tate of said w. J. Todd. deceased. and
he claimed that the shortage should
be charged to this fund. and not to
the funds of the county.
Evidence as to Shortage.
The evidence clearly shows that the
shortage on October 1. 1906, Instead of
being S,57S.S6, was larger, to-wit. the
sum of S4,l76.S6 (R.. p. 4O During the
month of October the respondent made
good $3,293.7O of this shortage, leaving
balance due by him November lst
$SS3.l6.
On November l. 1906, respondent
filed petition In the suit OF Todd VS.
Todd, pending In this court, setting
forth the fact that he had collected on
account Of tax tickets for 1905, turned
over to him by his predecessors ad-
ministrator, the sum OF S6,oo7b2. and
that the estate OF w. ]. Todd, de-
ceased, was entitled to credit for
this amount, while the money which
was then in his hands belonged TO the
county, to be dlsbursed according to
law. Thereupon decree was entered
in said cause on November 1, 1906, In
part as follows:
"rrhe court, now proceeding to dis
pose OF the said amount, to-wlt--
s6,O57 SIN the hands Of the said II,
G. IIechler, doth aajudgc, order and
decree that the said H. G, Hecher.
as treasurer Of EIenrIco county, do @
place to the credit OF Walter j., Todd
the said amount oE S605752, which he
states he has In his possession, which
amount shall be II credit In favor OF
the estate of the said Walter j. Todd
against tho amounts ascertnined TO ba
due bv the said Todd 10 the county
OF Heurco aud the school districts X
thereof the said amounts to ba dis
tributed under supervision OF the s
board of supervisors and the school
hoard of Eteurico county,"