The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-10-26
FINDS FOR KELLY.
Miami County Must Pay Back Money
Says Referee.

Leavenworth. Kan, Oct. 26.-Lee
Bond, the county attorney of Leaven-
worth county. who was appointed by
Judge fitzpatrick of Leavenworth
county as special master In the suit
brought by T. T. Kelly to recover
$1.324.99 from the county commits
sioners of Miami county. has made in
a report in which he finds for Kelly,
and says that the county commission
ers should return the $1.324.99. with
interest since 1900.
The referee says that the county
commissioners failed TO make the
proper kind of an investigation of
Kelly's record. and had no right to
require him to put up the $1,324 to
cover alleged shortages.
argued in the district court of
Leavenworth county. and whatever
the outcome of the suit there, it will
probably be appealed to the supreme
court.
Kelly's alleged shortages occurred
when he was county clerk of Miami
county. He was accused by the county
commissioners of misappropriating
county funds. and an investigation
was made which convinced the COM
missioners that he owed the county
$1,324. Kelly was required to make
good the shortage. Then he brought
suit for the recovery of the money,
and had the case transferred from
Miami county to Leavenworth county.
The referee finds that the COM
missioners failed to make a proper
examination of Mr.. Kelly's records
and proceeds as follows:
l. That the conclusions reached by
the commissioners in the report of
the four Investigations are not sup
ported by the records and the evil
dence in this case. and that said in
vestigations and each of them were
not thoroughly made in accordance
with the spirit and intent of the
agreement.
2. The evidence does not show the
wrongful payment of any sum to
ever at any time obtained any money
unlawfully for the county.
3. That when the commissioners
made their Investigations. no wit
ness testified under oath, and no oath
was administered to any person for
the identification of the records,
vouchers. bank books, drafts, checks
or other documents examined and
considered as evidence by the com
missioners.
A. That on June 5, 1902, the 1000
placed in the hands of the chairman
OF the board by Mr.. Kelly was paid
over to the county treasurer by order
of the board, and that the treasurer
still holds and retains said sum for
the use and benefit of the county.
Anu lIldl DIT the udlc OI SdlQ pay
ment Mr.. Kelly was not indebted to
the county in any sum.
). That on July 7. 1902. the $324.99
demanded of Mr.. Kelly under the
terms of the agreement and placed in
the hands of the chairman of the
board, was paid over to the county
treasurer by order of the board, and
that the treasurer still holds and re-
tains said sum for the use and benefit
of the county. And that at the date
of said payment Mr.. Kelly was not
indebted to the county in any sum.
6. That the board of county COM
missioners received said above men
toned sums and each of them. in
trust for the use and benefit of Mr..
Kelly.
7. That the plaintiff have Judgment
for S1.324.99. as prayed for in the
petition. with interest on 81 900 from
April IL. 1903; and interest on
s324.99 from July I, 1902. and that he
recover his costs herein.