The Republican. [volume] (Oakland, Md.) 1877-current, 1940-10-17
COURT ACCOUNTS
JESSE J. ASHBY
CO. TREASURER
County Treasurer Is Found Not
Guilty OF False Pretense At
Conclusion Of Trial
ADDITIONAL TESTIMONY
INTRODUCED BY STATE

Jesse J. Ashby, Jr., Treasurer
of Garrett county since 1880,
was declared not guilty of
charges of false pretense con-
tanned in an indictment at the
conclusion of arguments made
by both the defense attorneys
and the State last Saturday.
The trial occurred during the
closing days of last week and WAS
before Judges D. Lindley Sloan
and w. A. Hustler.
Mr.. Ashby was charged in an in
dictment with having obtained the
sum of $6,09911 from the County
Commissioners by presenting dupli-
cate bills and subsequently receiving
duplicate payments for discounts al
lowed on taxes several years previous.
In declaring the defendant not
guilty Chief Judge D. Lindley Sloan
stated that audits presented by the
State and defense were not official
and that former County Commission
ers had approved an audit of the
treasurer's books which included
transactions made during and prior to
the year 1884, and therefore no evil
dence presented covering matters
back of that audit date was admissi-
Bile in the present case.
Part of the alleged illegal transac-
ton was in the 1884 levy, which
amounted to $3,12O.22. The defense
maintained the double bills and pay
ments were only bookkeeping entries
and that no cash was involved in the
process.
In reviewing the evidence Judge
Sloan stated that the burden of proof
was on the State and in his opinion
and that of Associate Judge w. A.
Hustler this the State had failed to do
and therefore had failed to prove the
defendant guilty of matters charged
in the Indictment.
When Court recessed on Friday, Oc-
tober A, it was presumed that the testi-
mony in the case had been completed,
but on Saturday of last week when
Court reconvened the prosecution in
troduced some new testimony, recall
ing Mr.. Benson, one of the auditors
in the employ of the County Commits
sioners and also calling Mr., Schilling,
a State auditor, whose testimony was
taken during the afternoon.
Mr.. Ashby, several weeks previous
to the court trial, and following his
arrest on a warrant issued at the in
stance of the County Commissioners,
had preliminary hearing before
Trial Magistrate Charles F. White,
of Oakland, who held that there was
insufficient evidence to hold him for
the grand jury. The grand jury, how
ever, returned three indictments
against Mr.. Ashby. The trial on the
one Indictment, that of false pretense,
therefore, was brought forward for
trial before Chief Judge D. Lindley
Sloan and Associate Judge w. A.
Hustler, with the result as above set
forth.
Under the law creating the office of
County Treasurer, that officer can
not regularly succeed himself, but due
to unusual circumstances Mr.. Ashby
has held the position since the year
1880, at which time he was first
elected for a term of four years. After
serving this period the treasurer elect
to succeed Mr. Ashby was unable to
qualify, and the incumbent (Ashby)
was appointed by the County Com
missioners from year to year during
the next four years, or until the year
1888, when he again became candi-
date for the office, claiming that the
law against succeeding himself in the
office did not apply since his regular
term had expired in 1884. This con-
tenton was not disputed. He was I'M
opposed at the general election and
was therefore elected for another term
of four years, which will expire in
1912.
Defending Mr.. Ashby were E. Ray
Jones and Walter w. Dawson, of
Oakland, and William A. Gunter, of
Cumberland. The State was repre-
sented by Neil C. Fraley, States AT
torney, and Horace P. Whitworth, Of
Westernport.