Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1922-03-06

turn the same over to his successor in
office.
The clerk of the Circuit Court, within
thirty days after the collection of the
same, shall pay to the treasurer of the
county all docket fees received by him
and shall take his receipt therfor.
/ have made reference to these pro-
visions of the statutes so that you may
be properly informed as to the scope OF
the duties and responsibilities thereuu-
der of the clerk of the Marion Circuit
Court.
In country with the popula ton such
as Marion County the clerk of the Cir
cult Court in his flduciary capacity re-
cieves and disburses large sums OF
money which necessarily entails an
enormous amount OF book keeping, but
by ySnf dm s state BE BosTd
Accounts who will furnish you all in
formation as to the various funds that
said clerk was chargeable Herewith and
give you specific information as to any
discrepancy or shortage in any of saio
funds.
In aid of your investigation I desire
to call your attention TO- the laws OF d the
ing out of malfeasance so far as the
same relates to any misuse or mtsap-
preparation of public funds:
Sec. 22S2 Burns Rev. ST. Whoever, be-
ing charged or in any manner intrusted
with the collection, receipt, safe keeping
transfer or dlspersement of any money,
funds, securities, bonds. chooses, in action,
or other property belonging TO or under
the control Of the State or OF any State
officer. or belonging to or under the con-
troll Of any county, civil or school town
ship, city or town. or any officer there
of, convert to his own use or TO the use
of any other person or corporation, in
any manner whatever, contrary TO law,
or uses by way Of investment In any
kind of property, or loans either with or
without interest, or deposits with any
person or corporation, contrary to law or
exchanges for other funds except as
money, funds, securities, bonds, chooses
In action, or other property, IS guilty
Of embezzlement, and, on conviction,
shall be imprisoned in the State Prison
not less than two (2) years nor more
than twenty-one (21) years, fined not ex-
ceedlng double the value OF the money
or other property embezzled, and dis
franchised and rendered incapable or
holding any office of trust or profit for
any determinate period.
STATUTE COVERING
CASE IS CITED.
Sec. 22S3, Burns Rev. st. ANY county
treasurer county auditor, sheriff, clerk
or receiver Of any court. township trus-
tee, justice. Of the peace. mayo; OF q
city. city judge, constable, marshal OF
any city or town, or any officer or agent
of any county, civil or school township,
city, school city, town or school town,
who shall fraudulently fail or refuse. at
anytime during the term for which he
was elected or appointed. when legnlly
required by the proper person or au-
thority, to account for, deliver and pay
over to such person or persons as may be
lawfully entitled to receive the same, oil
erty which may have come into his hands
by virtue of his said office, shall be
deemed guilty Of embezzlement. and, on
conviction, shall be imprisoned in the
State Prison for any period not less than
one % year nor more than five 90
years and fined In any sum not exceeding
one thousand dollars Isl 10000. ana rem.
dered incapable OF holding any office of
trust or credit for any determinate pc
Rod.
In connection with your investigation
OF the office OF the clerk OF the Marion
Circuit Court It will be your duty TO
ascertain II any person, firm or corpora
ton, other than those legally entitled
thereto, received from said Richard V.
Sipe, clerk as aforesaid, any sums or
money out Of any Of the trust funds
held by him and in his custody as such
clerk and to which sums. X any. they
had no legal claim. His relation to such
person, firm, OF corporation, II any, the
amount so received. IL any, and all other
facts and circumstances in connection
with the misuse OF any trust funds
chargeable to the office of the clerk Of
the Marion Circuit Court, and In this
connection, I desire to call your atten-
tIon to Section 2647, Burns Revised
Statutes: ANY person or persons who
shall unite or combine with any other
person or persons for the purpose of
committing a felony, within or without
the State; or any person or persons who
shall knowingly unite with any other
person or persons. body. association or
com bination Of persons, whose object Is
the commission Of a felony or felonies.
within or without the State, shall, on
conviction, be hned not less than s25
nor more than 5000 and imprisoned in
the State prison not less than two years
nor more than fourteen years.
COURT ASKS INQUIRY
BE THOROUGH.
Under your oaths you will diligently
inquire and true presentment make Of all
felonies and misdemeanors, II any, com
mitted in connection with the misaprop-
Ration or misuse of the trust funds In
the custody of Richard V. Sipe, clerk
of the Marion Circuit Court, of which
YOU shall have or can obtain legal evil
dence; that you will present no person
thr4-lgh malice. hatred. or ill-wtll, nor
leave any unpresented through fear, fav-
or, or affection, or for any reward, or
the promise or hope thereof, but in all
your indictments you will present the
truth, the whole truth and nothing but
the truth, that you will not disclose
any evidence given or proceedings had
before the grand jury.