The Paducah evening sun., 1910-01-24
FORMER SHERIFF
OGILVlE is MADE
AWFUL EXAMPLE"
Most Punctilious Man Chosen
For County's Vicarious
Atonement.
Indicted Because Of Loose.
ness at Court House.
HE WILL NOT BE PROSECUTED.

On the technicality OF failing to
make his settlement within ten days
after his successor had gone into Of
ice, former Sheriff John w. Ogilvie
was indicted by the grand jury. The
Indictment came as a surprise and
has been the topic of much discus
sion. The. settlement with the state
and county will be made tomorrow
by Mr.. Ogilvie. as a special session
of fiscal court has been called. This
morning a special session was called
but former Magistrate John Burnett.
county commissioner, was not ready
Some OF the friends of Mr.. Ogilvie
think that he was not treated fairly.
as he has announced that ne stood
ready to make the settlement since
the retirement from office, but
County Commissioner Burnett was a
member OF the board Of supervisors
which Is in session. and postponed
the settlement. The matter was
taken before the grand jury by Coun-
ty Attorney Sanders Z. Clay, who
cited the statutes. which require the
retiring sheriff TO make his settle
ment within ten days after his sue
cessor has qualified.
1t has leaked out from the grand
jury room that the jurymen were
not anxious TO bring in the indict-
ment. However, county business has
been conducted so loosely in some
Offices in the pas, that the grand jury
thought II better TO live up TO the
law. II was stqted that Hiram
Smedley was nOt caught because
somebody did not do his duty. and
although Mr.. Ogilvle's honesty was
not doubted. the grand Jurors voted
to bring in the indictment on the
technical point to set a precedent
that public officers must be punctual
II is understood that Common
wealth's Attorney John G. Loyett has
assured Mr.. Ogilvie that nothing
will come out of Il. and IL will be
dismissed at the next term of court.
County Attorney Clay tbs morning
declined 10 talk about probable dis
missal of the charge.
Mr.. OgiIvie's statement.
; Mr.. OgEvie did not hesitate TO ex-
plain his part in falling to make a
settlement with the county and state.
He Is one of the best known men in
the county. and a man whose honesty
and punctuality have never been
questioned. In explaining his delay
he said:
Last November I wrote TO State
Auditor James and asked him about
making my real estate sales, and
here Is a letter dated November 20,
, stating that | could make my sales
after my successor qualified How
ever, on January 3. the morning Mr.
Houser qualified. | made my sales
about s O'Clock IN the morning about
an hour before he qualified under
stand.
"Slnce then I have been busy col
llecting taxes and making ready for
my final settlement. | Informed Mr.
Burnett, the county commissioner
that was ready to make the settle
ment at any time. He said he was
on the board of supervisors and
wanted to serve on both. and said
there was no need of a hurry in max
: ing the settlement Week before
last I became ill, and was under the
care Of a physician. About January
10 County Attorney Clay called me
ND and asked me IL | knew that
, had only one day left in which to
make my final settlement. | in
formed him / was ready and told
him of the statements made by Mr.
Burnett
& 81 Immediately called up my at
l. torney. Mr.. d. II. Hughes. and tol'
Is him of Mr.. Clay's statements. Mr.
It Hughes went before the grand jur,
h and explained my delay TO then
IL thoroughly. As a guarantee of goo
N faith | turned over to the county
N check for $4,000 on January 12.
N thought possibly the money might b
needed for urgent debts, and pai'
~ II over TO bo accredited when tn
d final settlement | informed Count
or Judge Barkley of the reason of m
pr DELAY and | certainly did not hav
Is any intention OF defrauding tn
n county, was ready to make my set
he tlement this morning when fisca
IN court met. but Mr.. Burnett was no
NJ Lreadv and Il has been postponed un
,st lin tomorrow