Silver City Enterprise — 1888-1890 (full OCR, Internet Archive) — 1890-09-05

chunk 2919 · paragraph 0

Captains Keys told the Liberal that his head scout said that the two Indians who they chased down in the Hatchets were Kid and an old man. How the scouts find such things out is a mystery, but they do it. The two Indians secured several hundred dollars from the two men they killed. They took Williams’ saddle, and for miles kept throwing away pieces of leather cut in various shapes, such as circles, stars and strips, as though it had been done simply as a pastime. At Rigg’s house they took the guns and a lot of truck. They left a lot of cartridges but took a pillow. Kid is evidently pretty well civilized to want a pillow on a kill- ing expedition. Captain Keys received notice from Col. Bliss, at Fort Bayard, that thirty days rations had been sent him, and he was in- structed to go to Alamo Viejo and scout for Indians. He left for there Sunday morning. — Liberal. ( 29 ) A Grand Exposure How The County Has Been Robbed. Startling Revelations From the Inner Circles. They Can- not Explain. Warrant Raising As a Pleasant Pastime. Explanations Will Not Satisfy The Taxpayers In the district court for the third judicial district of New Mexico, in and for the County of Grant, August term, A. D. 1890. To the Hon. John R. McFie, associate jus- tice of the supreme court of the territory of New Mexiso, and presiding judge of the third judicial district:

chunk 2920 · paragraph 6

e district court for the third judicial district of New Mexico, in and for the County of Grant, August term, A. D. 1890. To the Hon. John R. McFie, associate jus- tice of the supreme court of the territory of New Mexiso, and presiding judge of the third judicial district: In accordance with the charge and instruc- tions of your Honor, we have made investiga- tion of all matters brought before us, which it was possible in the limited time allowed for the session of the grand jury, for us to consider, and where the facts justified the same, have found indictments. In many cases sent up from justice courts, we found that civil actions and peace proceed- ings were more proper than reference to the grand jury. We also found that personal and neighborhood quarrels and jealousies were the cause of some cases being referred to our action. We would call to attention of the justices of the peace of the county to the necessity of their full and thorough investigation of all charges brought before them, and of determining this motive under the law reference should be made to the grand jury, or the cases adjudicated in their courts.

chunk 2921 · paragraph 8

ntion of the justices of the peace of the county to the necessity of their full and thorough investigation of all charges brought before them, and of determining this motive under the law reference should be made to the grand jury, or the cases adjudicated in their courts. By reference to the reports included here- in, it will be seen that we devoted a considerable portion of the time allotted to the grand jury in an investigation of the records, officers and affairs of the county, and we believe that all persons who feel aggrieved that their present- ments were not received, will now be content when they realize the importance of such in- vestigation necessitating the postponement of their complaints until the grand jury shall meet. On the first day a committee of three on county records and officers was appointed, and they have faithfully labored in their investiga- tions until the present time, during such hours as could be spared from the grand jury room. Afterwards the whole jury were divided into committees to work in the various offices of the county at all times excepting one session each day in the jury room. These committees report- ed as follows: To the foreman of the grand jury: Your committee appointed to examine the records and accounts of the assessor’s and treas- urer’s offices, submit the following:

chunk 2922 · paragraph 13

f the county at all times excepting one session each day in the jury room. These committees report- ed as follows: To the foreman of the grand jury: Your committee appointed to examine the records and accounts of the assessor’s and treas- urer’s offices, submit the following: In the assessor’s office we were unable to find any record of the transactions of the offices, with the exception of the assessment rolls and returns. The accounts of the licenses issued and the fees and commissions of the office, we could not ascertain anything about. Mr. E. Stine, deputy assessor, who was absent, and Mr. Harry Classen, the assessor, could not give us any information about the affairs of his office. We find the treasurer’s books to be well kept and his accounts all correct — as follows — taken from the books of Treasurer Neff : M. V/. Neff $12,207.85 Farmers Loan & Trust Co. 130.02 Chemical Bank, N. Y. 4,530.00 Apportioned as follows: County funding account 1885 $ 1,267.93 County funding account 1889 8,641.56 School fund account 497.03 Railroad bond account 425.09 Special cash account 6,036.26 $16,867.87 Committee called on Mr. S. T. Harkey, of the First National Bank and learned that the above balance of cash was on deposit to the credit of the County Treasurer. John W. Fleming John A. Menard Thos. J. Levy Committee To the foreman of the Grand Jury:

chunk 2923 · paragraph 29

t 6,036.26 $16,867.87 Committee called on Mr. S. T. Harkey, of the First National Bank and learned that the above balance of cash was on deposit to the credit of the County Treasurer. John W. Fleming John A. Menard Thos. J. Levy Committee To the foreman of the Grand Jury: Your committee appointed to examine the records and accounts of the county superinten- dent of schools respectfully submit the follow- ing: We find that the incumbent, Mr. H. W. Loomis, who is serving his second term, has fully and faithfully performed all the duties of his office and the records and accounts are prop- erly kept. The committees obtained from this office the following information regarding the public schools of the county: There are thirty established school districts in the county. School has been taught in 27 districts at different times during the year. ( 30 )

chunk 2924 · paragraph 34

ts are prop- erly kept. The committees obtained from this office the following information regarding the public schools of the county: There are thirty established school districts in the county. School has been taught in 27 districts at different times during the year. ( 30 ) Including special tax raised in Silver City, Inde- pendent school district, and poll tax, there was paid out in the last year in the school district $15,172 for school purposes. There are now 15 school houses belonging to the various dis- tricts in which they are situated; several more will be erected in this year — 1890. The school census of this year will show about 2000 chil- dren of school age in the county. The superin- tendent reports that the teachers, as a rule, are fully competent to fill their positions and that the school trustees have attended well to their duties. Grant County has no school debt. The county tax levy is 2*4 mills on the dollar of valuation for school purposes. There is no terri- torial school tax. T. W. Holson W. H. Durkee W. A. McAfee Committee To the foreman of the grand jury: We, the committee appointed to examine the books and accounts, and the conduct of the sheriff’s office submit the following report:

chunk 2925 · paragraph 41

for school purposes. There is no terri- torial school tax. T. W. Holson W. H. Durkee W. A. McAfee Committee To the foreman of the grand jury: We, the committee appointed to examine the books and accounts, and the conduct of the sheriff’s office submit the following report: We find that Sheriff Whitehill, ex-office collector, has failed to pay over to the territorial treasurer any of the moneys due to the territory since January 24th, 1890. The law requiring payment on the 10th day of each month of the amount in his hands due the territory on the first day of the month, has been entirely disre- garded.

chunk 2926 · paragraph 42

to pay over to the territorial treasurer any of the moneys due to the territory since January 24th, 1890. The law requiring payment on the 10th day of each month of the amount in his hands due the territory on the first day of the month, has been entirely disre- garded. We find that up to the first day of August, 1890, the amount collected for the territory was $39,206.57 and that collector Whitehill had paid prior to the 25th day of January, 1880, the sum of $19,848.59 to the territorial treasurer, leaving a balance due the territory on August 1, 1890, of $19,357.98. Mr. Whitehill claims an offset against this, in bills as sheriff, not yet audited, amounting to $6,421.35, which, if al- lowed, will leave a net balance due the territory of $12,936.63. At the same date, the balance due the county treasurer was $4,220.88, making in the aggregate $17,157.51 of public funds which should be in his hands, of which we have evidence that $9,133.83 is on deposit in the Silver City National Bank to the credit of H. H. Whitehill, collector; $2,096.76 depo*sited with Lindauer, Wormser & Co., at Deming, and county warrants in safe $1900 and what are counted as cash items — some of which we re- gard as of questionable value — amounting to

chunk 2927 · paragraph 43

in the Silver City National Bank to the credit of H. H. Whitehill, collector; $2,096.76 depo*sited with Lindauer, Wormser & Co., at Deming, and county warrants in safe $1900 and what are counted as cash items — some of which we re- gard as of questionable value — amounting to $2,802.78; making a grand total of $15,933.37, leaving a balance unaccounted for of $1,224.14. The sheriff claims that the running expenses of the office paid the fees for court services, will more than offset the balance. We find that Sheriff Whitehill has not been vigilant in the collection of licenses, and that large numbers are carried until the parties go out of business or leave the country, and the then uncollected licenses are rebated, the county and the territory then being the losers. We also find among the uncollected licenses the fol- lowing : Faustino Olguin, San Lorenzo, from May 1, 1889, to October 31, 1890. A. J. Spaulding, Pinos Altos, from October 1, 1889, to October 31, 1890. Sam Eckstein, Silver City, May 1, 1889, to October 31, 1890. H. E. Muse, Silver City (out of business) Feb. 1, 1889, to Jan. 31, 1890. C. F. Flint, Silver City (out of business), Aug. 1, 1889, to October 31, 1890. Harry Fowler, Silver City (out of business) May 1, 1889, to November 30, 1890. No good reason was given to the com- mittee why collection of these licenses was not enforced.

chunk 2928 · paragraph 52

to Jan. 31, 1890. C. F. Flint, Silver City (out of business), Aug. 1, 1889, to October 31, 1890. Harry Fowler, Silver City (out of business) May 1, 1889, to November 30, 1890. No good reason was given to the com- mittee why collection of these licenses was not enforced. The keeping of separate accounts of the public funds and the private transactions of the sheriff inaugurated by the incumbent, Mr. Whitehill, is to be commended and in the future should be followed so that an accounting of public funds passing through the collectors can always be had from the records of the office. The bills rendered to the county for the purchases made by the sheriff could not be found by the committee and no itemized ac- counts were produced. The committee had not time to investigate the charges made against the territory in the criminal docket to ascertain whether or not illegal fees were charged. We found that no predecessor of Mr. Whitehill as sheriff had left any books of ac- counts of public funds in the office. Respectfully submitted. Calvin Herring A. A. Alt, Committee To the foreman of the Grand Jury: Your committee appointed to examine the books and records of probate clerk and county ( 31 ) commissioners, and to make general investiga- tion into the condition of county affairs beg leave to submit the following report:

chunk 2929 · paragraph 60

A. Alt, Committee To the foreman of the Grand Jury: Your committee appointed to examine the books and records of probate clerk and county ( 31 ) commissioners, and to make general investiga- tion into the condition of county affairs beg leave to submit the following report: The following shows the bonded indebted- ness of Grant County. This indebtedness is not clearly shown by the books furnished your com- mittee in the clerk’s office. The bond record in the clerk’s office shows that there are out- standing, of bonds issued previous to the issues of 1889: Funding 8’s of 1882 $10,100.00 Funding 6’s of 1885 18,500.00 The commissioner’s record shows that the issue of $60,000 in railroad 7’s was authorized in 1883, but no other record was found of these bonds.

chunk 2930 · paragraph 65

re are out- standing, of bonds issued previous to the issues of 1889: Funding 8’s of 1882 $10,100.00 Funding 6’s of 1885 18,500.00 The commissioner’s record shows that the issue of $60,000 in railroad 7’s was authorized in 1883, but no other record was found of these bonds. The annual interest charge on account of outstanding bonds of Grant County is $13,- 650,00, and of the entire issue outstanding, only $18,500.00 can be called in before July 1st, 1899, but a number of these bonds, as shown by the above statement, not yet have been pre- sented for payment and there appears to have been no fund set apart for their redemption, although refunding bonds were sold last year for the purpose of taking up the outstanding courthouse bonds, and funding bonds of 1882. The money appears to have been put into a special “cash fund” for the redemption of these bonds. If they should be presented now, there does not appear to be enough money in the special cash fund to take them up.

chunk 2931 · paragraph 66

e outstanding courthouse bonds, and funding bonds of 1882. The money appears to have been put into a special “cash fund” for the redemption of these bonds. If they should be presented now, there does not appear to be enough money in the special cash fund to take them up. Mr. Alexander H. Morehead, the probate clerk, has been absent the entire time which your committee was investigating the affairs of his office, and we have been seriously hampered in our investigations by not being able to get bills, warrants, etc., with which to compare the commissioner’s record, bond record, and war- rant stubs. No old warrants have been found whatever, bills do not appear to have been pre- served for any considerable length of time, and warrant stubs from July until December of last year were not furnished your committee, al- though demanded of the deputy clerk. The record of the board of county commis- sioners shows many erasures and interlinea- tions, and bears evidence in many places of items having been added after the proceedings had been written up. Some of these appear to have been written with a different kind of ink from that used in the body of the record, and others appear written in smaller and differently

chunk 2932 · paragraph 68

ns, and bears evidence in many places of items having been added after the proceedings had been written up. Some of these appear to have been written with a different kind of ink from that used in the body of the record, and others appear written in smaller and differently shaped characters. The proceedings of many of the meetings have not been signed and the record is not in any particular such as would inspire confidence in the minds of the county. The books of warrant stubs from which war- rants were issued from March, 1888, to July 1889, presents unmistakable evidence of syste- matic alteration of figures to make them corre- spond with similarly changed amounts of the Commissioner’s record.

chunk 2933 · paragraph 69

e in the minds of the county. The books of warrant stubs from which war- rants were issued from March, 1888, to July 1889, presents unmistakable evidence of syste- matic alteration of figures to make them corre- spond with similarly changed amounts of the Commissioner’s record. The changes on the Commissioner’s record appear to have been made by a more experi- enced hand than those on the warrant stubs, and many of them would escape detection under ordinary circumstances. The limited time at the disposal of your committee did not permit a complete examination of this book and com- parison of all the stubs with the commissioner’s record and with the corresponding numbers of warrants as they appear on the bond record as cancelled in exchange for bonds, but several hundred were so examined with the result that they were found far from satisfactory. Erasures were not found on the bond record to corre- spond with the commissioner’s record book and the book of warrant stubs, and the oversight enabled your committee to make more interest- ing comparison than would otherwise have been possible.

chunk 2934 · paragraph 70

ere found far from satisfactory. Erasures were not found on the bond record to corre- spond with the commissioner’s record book and the book of warrant stubs, and the oversight enabled your committee to make more interest- ing comparison than would otherwise have been possible. Sec. 6 of the act authorizing the funding of county indebtedness, provides that the com- missioners “shall provide a book and shall register therein, in the order in which they are issued, the number, date and amount of each bond so issued and the time when the same shall become due, together with the name of the person to whom issued, and a description of the warrants or bonds, as the case may be, taken up and cancelled by issuing said bond or bonds,” etc. On page 1 of the book provided for this purpose by the commissioners of this county, it appears that $33,000.00 in bonds were issued July 1st, 1889, to take up a corresponding amount of court house bonds and funding bonds of 1882. The amount of bonds is falsely stated, there being at that time only $30.00 of these bonds outstanding, while the record shows that there were $33,000 outstanding. A large num- ber of warrants are described as to number and amount on page 1 and 2 of this record, but are put down entirely without reference to the bonds for which they were exchanged, so that ( 32 )

chunk 2935 · paragraph 73

outstanding, while the record shows that there were $33,000 outstanding. A large num- ber of warrants are described as to number and amount on page 1 and 2 of this record, but are put down entirely without reference to the bonds for which they were exchanged, so that ( 32 ) it is impossible to tell what particular warrants were taken up and cancelled on account of the issue of any particular bond. It was ascertained, however, that the total amount of the warrants and bonds described as having been taken up and cancelled, is many thousand dollars less than the amount of bonds issued in their stead, although many warrants appear on this record for larger amounts than were issued, as shown by the commissioner’s record and the warrant stubs; some appear twice for the same amount, other appear for different amounts, and one appears three times in the aggregate to $447.92 ; this warrant is numbered 447 ; the warrant stub shows that it was issued for $19.00. The official record of the Commissioners’ proceedings makes no mention of its allowance. This liability grew from nothing in the commis- sioner’s book to $19 in the warrant book and made its final appearance in triplicate as an off- set to $447.92 of bonded indebtedness of Grant County.

chunk 2936 · paragraph 75

l record of the Commissioners’ proceedings makes no mention of its allowance. This liability grew from nothing in the commis- sioner’s book to $19 in the warrant book and made its final appearance in triplicate as an off- set to $447.92 of bonded indebtedness of Grant County. The book of warrant stubs covering the per- iod from March, 1888, to July 1889, shows that a very large amount of warrants were issued in the 16 months from July 1, 1889. Your com- mittee compared the warrant stubs issued dur- ing this time with warrants appearing as can- celled, on the bond record, amounting to more than $60,000, and compared stubs of warrants not appearing as cancelled and exchanged for bonds with the record of the commissioner’s proceedings to the amount of many thousands more. A comparison of the entire number of stubs in this book was found to be impossible in the time allotted to the committee, but it is be- lieved the total amount of warrants issued dur- ing the period will not be found to be less than $100,000.00.

chunk 2937 · paragraph 76

nt of many thousands more. A comparison of the entire number of stubs in this book was found to be impossible in the time allotted to the committee, but it is be- lieved the total amount of warrants issued dur- ing the period will not be found to be less than $100,000.00. The committee is unable to present a state- ment of the warrants issued during the past year for the reason that the warrant stubs from July to December of last year could not be ob- tained. Your committee discovered many glar- ing discrepancies and is thoroughly convinced that they are not “clerical errors,” partly on account of the frequency of their occurrence, but mainly from the fact that they have gen- erally been on the wrong side to afford the tax- payers much pleasure in their contemplation. In order to make the nature of the discrepancies found more apparent, your committee has pre- pared a list of some of the warrants of the same number appear for different amounts and somewhere the warrants have apparently been “raised.” Numbers, dates, to whom issued and for what amount, are given in each instance, as well as the page and line where the correspond- ing numbers are to be found on the bond record, in order that the statements may be readly veri- fied. A large number could be furnished, but the following will, perhaps, be sufficient:

chunk 2938 · paragraph 78

t amount, are given in each instance, as well as the page and line where the correspond- ing numbers are to be found on the bond record, in order that the statements may be readly veri- fied. A large number could be furnished, but the following will, perhaps, be sufficient: Warrant No. 383, issued November 13, 1888, to E. Toney, for $3.00, registered for the same amount in the Treasurer’s report, and ap- pears on bond record, page 1, opposite bond No. 3, as having been issued for $34.40. The same number appears again on the bond for $3.00. Warrant No. 545, issued February 3, 1889, to I. Givens, for $42.80, appears on the bond record, page 1, opposite bond No. 5, as having been issued for $48.40. This warrant does not appear on the Treasurer’s record. Warrant No. 587, issued March 13, 1889, to Matt Rosecrans, for $2.00, appears on the bond record twice, first on page 1, opposite bond No. 8, as having been issued for $86.30, and on the same page opposite bond No. 28 to 48, as having been issued for $2.00. Warrant No. 413, issued to S. Mendors, for $10.75, appears on the bond record twice, first opposite bond No. 11, on page 1, as having been issued for $97.00, and again opposite bonds 88 to 93 as having been issued for $10.75.

chunk 2939 · paragraph 82

28 to 48, as having been issued for $2.00. Warrant No. 413, issued to S. Mendors, for $10.75, appears on the bond record twice, first opposite bond No. 11, on page 1, as having been issued for $97.00, and again opposite bonds 88 to 93 as having been issued for $10.75. Warrant No. 571, issued March 13th, 1889, to George D. Barnard & Co., for $82.40, appears on the bond record, page 1, opposite bond No. 14, as having been issued for $182.40. The amount is scratched on the warrant stub and appears on the Commissioner’s record No. 2, of Grant County, page 58, as having been allowed for $82.40. Warrant No. 648, issued April 10, 1889, to Mike McNichol, for $97.30, appears twice on the bond record — first opposite bond No. 25 on page 1, as having been issued for $97.80, and in the middle of the third line from the bottom of page 1, as having been issued for $3.00. Warrant No. 634, issued April 10th, 1889, to Classen or Stein, for $50.00, appears on the bond record, page 1, opposite bond No. 26, as having been issued for $500.00. Warrant No. 448, issued December 12, 1888, to George H. Utter, for $6.00, appears twice on the bond record, first on page 1 oppo- ( 33 ) site bonds 28 to 48 as having been issued for $189.40, again in the middle of page 1 as having been issued for $6.00.

chunk 2940 · paragraph 88

ed for $500.00. Warrant No. 448, issued December 12, 1888, to George H. Utter, for $6.00, appears twice on the bond record, first on page 1 oppo- ( 33 ) site bonds 28 to 48 as having been issued for $189.40, again in the middle of page 1 as having been issued for $6.00. Warrant No. 530, issued February 13, 1889, to S. P. Carpenter, appears on the bond record, page 1, opposite bond No. 50, as having been issued for $1,155.89. The same number appears again on the same page, on the last line as hav- ing been issued for $12.00. The amount allowed in the Commissioner’s record No. 2, page 55, is $36.60. Warrant No. 447, issued December 12, 1888, to F. P. Whitehill, for $19.00 (scratched on warrant stub) does not appear on the Com- missioner’s record as having been allowed; this number appears three times on the bond record, first as having been issued for $342.62, on page 1, opposite bonds No. 15 and 16. This number appears on the Treasurer’s record for the above amount and is registered as issued to Wm. Canada, and as presented for registration by S. P. Carpenter. This Commissioner’s record for December 12, 1888, shows that $42.62 was al- lowed to William Canada on that day. The number appears a second time on the bond record, page 2, as having been issued for $60.00, and the third time, page 2, opposite bond No. 35, as issued for $36.30.

chunk 2941 · paragraph 90

ommissioner’s record for December 12, 1888, shows that $42.62 was al- lowed to William Canada on that day. The number appears a second time on the bond record, page 2, as having been issued for $60.00, and the third time, page 2, opposite bond No. 35, as issued for $36.30. Warrant No. 479, issued December 12, 1888, to T. W. Cobb for $60.00 (scratched on warrant stub) appears on the bond record, page 1, opposite bond No. 20, as having been issued for $360.00. Appears allowed for $60.00 on page 50 of the Commissioner’s record No. 2 (amount scratched). Warrant No. 593, issued March 13, 1889, to A. H. Morehead for $142.40, (scratched on warrant stub) appears on bond record, page 1, opposite bonds No. 21-6, as issued for $240.40. Amount allowed on page 50, Commissioner’s record No. 2, $142.40. EDITOR’S NOTE: Due to the great num- ber of irregular warrants listed in the Grand Jury’s report, all of which are similar in context, more than a dozen have been deleted to save both space and the reader’s patience. The amount of funding bonds issued last year, to take up outstanding warrants, appears to be, from the clerk’s records, $87,900, while the warrants described, as to number and amount on the bond record in the clerk’s office, together with the interest on same, not deduct-

chunk 2942 · paragraph 94

. The amount of funding bonds issued last year, to take up outstanding warrants, appears to be, from the clerk’s records, $87,900, while the warrants described, as to number and amount on the bond record in the clerk’s office, together with the interest on same, not deduct- ing the warrants appearing in duplicate, or for larger amounts than they appear to have been issued for, on the correspondingly numbered warrant stubs, amount to but little over three- fourths of the total amount of the bonds issued on account of those warrants. The excess of bonds issued over the amount of the warrants as having been cancelled is over $20,000 and as the record does not show what warrants were cancelled on account of any particular bond, who have been the beneficiaries is not shown on the record. Your committee cannot find words of suf- ficient strength to express the bad condition of affairs in this office, or to properly characterize the astounding discoveries which were made. We desire to acknowledge the valuable services rendered to the committee by A. J. Loomis who was sworn by you as an expert to assist us in our investigation. Respectfully, John S. Swift Julius Wagner Victor Culberson Committee To the foreman of the Grand Jury:

chunk 2943 · paragraph 100

h were made. We desire to acknowledge the valuable services rendered to the committee by A. J. Loomis who was sworn by you as an expert to assist us in our investigation. Respectfully, John S. Swift Julius Wagner Victor Culberson Committee To the foreman of the Grand Jury: Your committee appointed to examine into the Grant County jail and of the prisoners con- fined therein, beg leave to report as follows: There are now confined in the jail fifteen (15) county prisoners and three (3) prisoners held for the U. S. Grand Jury. Having made inquiry from each of the above we in no case found any complaint on their part regarding either their meals or treat- ment from the jail officials. The safe keeping of the prisoners seems to be well assured, from the strength and solidity of the cells, the vigilance of the guards, and the discipline of the management. We find the cells and the surrounding pas- sages in a cleanly condition, and our only recommendation is that the brick cells be plas- tered, as vermin have made their appearance in large numbers in the crevices of the brick work. Further: From the sworn statements of the constable of Precinct No. 11, in regard to the condition of the jail at Deming, we recom- mend to the immediate attention of the county commissioners the want of ventilation in said jail, that the same be attended to at once and

chunk 2944 · paragraph 106

. Further: From the sworn statements of the constable of Precinct No. 11, in regard to the condition of the jail at Deming, we recom- mend to the immediate attention of the county commissioners the want of ventilation in said jail, that the same be attended to at once and ( 34 ) means of ventilating and protecting with grat- ings, where the same may be necessary, be undertaken at once. A. A. Ault Calvin Herring T. W. Holson Committee To the foreman of the Grand Jury: Your committee appointed to examine the conditions of the Ladies Hospital and the Sis- ters of Charity Hospital, beg leave to submit the following report: 1st. We find the hospitals to be in good condition, everything about the premises being clean and nicely kept. We inquired of the patients as to the treat- ment received and were informed that they were well satisfied and had nothing to com- plain of. We find there are two county patients and eight pay patients at present confined in the wards of the Ladies Hospital and two pay pa- tients in the Sisters of Charity Hospital. We further submit the report of Mrs. O. S. Warren, secretary of the Ladies Hospital, as to financial condition of same, and also the statement of the Sisters of Charity. William H. Durkee John W. Fleming John A. Menard Committee

chunk 2945 · paragraph 118

a- tients in the Sisters of Charity Hospital. We further submit the report of Mrs. O. S. Warren, secretary of the Ladies Hospital, as to financial condition of same, and also the statement of the Sisters of Charity. William H. Durkee John W. Fleming John A. Menard Committee From the report of the committee who ex- amined the books and accounts of the office of probate clerk and ex-officio clerk of the board of commissioners, it will be seen that a large number of duplicate warrants have been issued and that others have been raised to much larger amounts that they appear by the stubs to have been issued for; and others have been issued without being allowed by the board of commissioners. These warrants are entered in the bond record as being exchanged for bonds and cancelled, showing that they have been paid in full by the county, for the amounts borne on them when presented for such ex- change and cancellation. That this county has been shamefully, wan- tonly and systematically plucked, ’plundered and robbed, the evidence is direct, positive and conclusive. The absence from the vaults of the office of all material bills, and of cancelled warrants

chunk 2946 · paragraph 121

d for such ex- change and cancellation. That this county has been shamefully, wan- tonly and systematically plucked, ’plundered and robbed, the evidence is direct, positive and conclusive. The absence from the vaults of the office of all material bills, and of cancelled warrants (which could not be found and doubtless have been destroyed) makes difficult the determina- tion as to who profited by these nefarious trans- actions, but unless the officers signing and issuing these warrants were beneficiaries and participants in the illicit gains, no other person could profit by the fraud. In the proceedings of the board of com- missioners, at a meeting held December 12, 1888, the following remarkable order was made : It appearing to the board that the rubbish accumulating in the vault was occupying a great deal of room, it was ordered that “all old can- celled warrants, bills passed upon, and coupons and other valueless papers be destroyed to make room.” Thus destroying the best evidence of all transactions prior to that date, and rendering difficult any investigation into any affairs of the county during the years prior thereto. From the contents of the vault at the pres- ent time, it is apparent that there will not soon be any necessity of making a similar order.

chunk 2947 · paragraph 125

transactions prior to that date, and rendering difficult any investigation into any affairs of the county during the years prior thereto. From the contents of the vault at the pres- ent time, it is apparent that there will not soon be any necessity of making a similar order. A more thorough and satisfactory investi- gation of the sheriff’s office could have been made had the grand jury had the bills presented by the sheriff and allowed by the board been in their accustomed place in the vault of the probate clerk’s office. These bills and the cancelled warrants of recent date may possibly be in Mr. Morehead’s desk which is locked and to which the grand jury have been unable to find a key. We recom- mend that when the desk is opened and any evidence therein of the transactions herein re- ported, be secured by the proper legal au- thority.

chunk 2948 · paragraph 127

date may possibly be in Mr. Morehead’s desk which is locked and to which the grand jury have been unable to find a key. We recom- mend that when the desk is opened and any evidence therein of the transactions herein re- ported, be secured by the proper legal au- thority. The grand jury cannot too strongly cen- sure the board of commissioners of the county for their failure to take ordinary business pre- cautions for the protection of the interests of the people intrusted to them. Mr. Carpenter, the present chairman of the board, acknowl- edged that he signed warrants in blank after the stubs had been filed by the clerk, and trusted Mr. Morehead to fill out the warrants correspondingly therewith. This, he states, he did to close up the business of the meeting of the board, in order that he might sooner return to his home, and because of his implicit confi- dence in the integrity of Mr. Morehead. He never checked up the warrants cancelled with ( 35 )

chunk 2949 · paragraph 129

ly therewith. This, he states, he did to close up the business of the meeting of the board, in order that he might sooner return to his home, and because of his implicit confi- dence in the integrity of Mr. Morehead. He never checked up the warrants cancelled with ( 35 ) the stubs in the warrant book, or with the orders of the board to ascertain whether or not that confidence was deserved. We do not think it necessary to suggest that in the future no officer of the county sign any orders for money in the blank, or that the commissioners have such record kept as well show a complete history of every warrant issued and upon its cancellation check it with every record pertinent to it. Mr. John H. Bragaw, county commissioner, seems to have considered his full duty perform- ed by his attendance at the meetings of the board, and participation in the transaction of the business thereat, without investigating or examining any of the records to learn what action was taken upon the orders made by the board. He claimed entire ignorance of the ir- regularities herein reported before they were brought to his notice before the grand jury (as did also Mr. Carpenter) ; Mr. Bragaw also had the most implicit confidence in the integrity of the clerk.

chunk 2950 · paragraph 131

upon the orders made by the board. He claimed entire ignorance of the ir- regularities herein reported before they were brought to his notice before the grand jury (as did also Mr. Carpenter) ; Mr. Bragaw also had the most implicit confidence in the integrity of the clerk. Mr. Thomas W. Cobb, who was chairman of the board during a part of the transactions reported, and a member thereafter until March, 1890, is now a non-resident, and did not appear before the grand jury. Mr. Jo E. Sheridan has been a member of the board of county commissioners since March, 1890, but we have not discovered any irregulari- ties occurring since he has been a member as occurred before. Yet he might, as such com- missioner, by examination, have discovered what investigation by the grand jury has dis- covered. The legal advisor of the board of commis- sioners, Hon. J. A. Ancheta, district attorney, must have been lax in the performance of his duties, else he would have discovered the ap- palling condition into which the county finances were being plunged. The most profligate extravagance charac- terizes the purchases made by the agents of the county in the past two years, and bills for supplies at prices far in excess of those charged to individuals have been allowed and paid.

chunk 2951 · paragraph 135

nto which the county finances were being plunged. The most profligate extravagance charac- terizes the purchases made by the agents of the county in the past two years, and bills for supplies at prices far in excess of those charged to individuals have been allowed and paid. We have evidence that about 700 cords of wood have been bought for use of the court house and jail since January 1st, 1889, at the price of $2.50 per cord at the same time. One contract was made with G. DeVega by Sheriff Whitehill for 75 cords at $3.00 per cord, which was delivered by other parties to whom Mr. Whitehill paid $2.75 per cord, and obligingly held out 25 cents per cord for contractor De- Vega. Nineteen and one-half cords of wood bought by the agent of the county of Frank Silvear paid for by warrant No. 533, $58.50, dated February 13, 1889, was duly delivered at the residence of Mr. F. P. Whitehill, and is now there. Mr. F. P. Whitehill testified that he settled with Mr. Morehead for the wood, who was to pay Sheriff Whitehill for it, and of course if so paid, the money should be refunded to the county. This has not been done, and the grand jury recommended that the proper officers take the necessary steps for the recovery of either the wood or the money.

chunk 2952 · paragraph 138

ood, who was to pay Sheriff Whitehill for it, and of course if so paid, the money should be refunded to the county. This has not been done, and the grand jury recommended that the proper officers take the necessary steps for the recovery of either the wood or the money. A stranger viewing the remnant of that 700 cords of wood, in view from the court house, and being informed of the amount purchased, would be incredulous regarding the salubrity of our unequaled climate and conclude from the consumption of wood that the frigid zone could properly claim this locality.

chunk 2953 · paragraph 139

mnant of that 700 cords of wood, in view from the court house, and being informed of the amount purchased, would be incredulous regarding the salubrity of our unequaled climate and conclude from the consumption of wood that the frigid zone could properly claim this locality. By an order made by the board of com- missioners on the 4th day of June, 1890, there was allowed A. H. Morehead an advance of $600.00 for extending the taxes on the duplicate of the assessment roll for the year and on the 4th day of August, 1890, a further allowance of $400.00 was made to him upon completion of the work, making $1,000.00 in the aggregate; while the testimony of Herbert Martyr, a clerk in Mr. Morehead’s office, before the grand jury, discloses the fact that he did the work in full for only $250.00, thereby presenting to Mr. Morehead the sum of $750.00 of the taxpayer’s money as a profit upon the labor of a man who did the work. Before making such a liberal al- lowance— and especially advancing 60 per cent of it — the commissioners should, in the opinion of the grand jury, have made some effort to ascertain what it would cost the clerk to get the work done.

chunk 2954 · paragraph 140

pon the labor of a man who did the work. Before making such a liberal al- lowance— and especially advancing 60 per cent of it — the commissioners should, in the opinion of the grand jury, have made some effort to ascertain what it would cost the clerk to get the work done. We find that on the assessment and tax rclls of 1889, a rebate in favor of the Carpenter- Stanley Cattle Company, of which S. P. Car- penter was at that time the manager, amounting to $615 of the taxes charged and $30,000 of the valuation returned, was entered, and after deducting this rebate, the balance of the taxes charged were paid on December 12, 1889. A ( 36 ) rebate of $500 in taxes and $25,000 in valua- tion, is also entered in favor of the Mimbres Mining Company, Thos. B. Pheby, manager, and the balance of taxes paid on the 7th of January, 1890. The most diligent search of the record of the proceedings of the board of com- missioners fails to show any order of the board allowing such rebates and they are clearly un- authorized and unlawful, and the grand jury recommends that action at law be at once insti- tuted against these parties for the collection of taxes remaining unpaid.

chunk 2955 · paragraph 143

e board of com- missioners fails to show any order of the board allowing such rebates and they are clearly un- authorized and unlawful, and the grand jury recommends that action at law be at once insti- tuted against these parties for the collection of taxes remaining unpaid. No greater outrage upon the tax payers of the county could be perpetrated than the wiping out of such large amounts from the taxes of the rich, in secret, while the poor must pay to the utmost farthing. The committee had not time to inquire into the validity of all the re- bates entered, and others may prove to be un- authorized upon further investigation. The grand jury had evidence to show the charging of illegal fees for services not ren- dered by the present sheriff. We were able to conclude investigation in only one case in which mileage was charged for serving a warrant on a prisoner in the county jail — $96.75, and serv- ing two subpoenas on the same three persons in each case, in Silver City, upon the returns of which mileage was charged at $21 on each subpoena — making $138.75 for mileage charged for services made in Silver City.

chunk 2956 · paragraph 145

warrant on a prisoner in the county jail — $96.75, and serv- ing two subpoenas on the same three persons in each case, in Silver City, upon the returns of which mileage was charged at $21 on each subpoena — making $138.75 for mileage charged for services made in Silver City. It will be observed that we have not ex- tended this investigation to the terms of officials preceding the incumbents. The limited time would not admit of this, as we deemed the present conditions of county affairs of more importance. We recommend the appointment by the court of two experts in accounts of county officers to continue the investigation of county affairs from 1885 to the present time — they to be paid by the county. The probate clerk, being absent and the probate judge having no records outside of the clerk’s office, no examination was made in pro- bate matters. The grand jury recommends that action at law be commenced against the officials (ana their bondsmen) who have been beneficiaries of the peculations which we have reported. Respectfully submitted, D. P. Carr, Foreman. Enterprise Editorial— September 5, 1890 THE REPORTFor the past two weeks this city and Grant County has been enjoying an excitement the like of which has never been experienced here before and it is to be hoped never will be again.

chunk 2957 · paragraph 151

pectfully submitted, D. P. Carr, Foreman. Enterprise Editorial— September 5, 1890 THE REPORTFor the past two weeks this city and Grant County has been enjoying an excitement the like of which has never been experienced here before and it is to be hoped never will be again. From the time the grand jury commenced its investigation of county affairs, the comment and excitement increased gradually until it cul- minated in a grand explosion on the reading of the report. That interesting document, which is presented to the public on the first page of this paper, shows that the county funds have been dissipated in an alarming manner. War- rants which have been bonded were raised without number in sums only equalling the de- mand of rapacity of the perpetrators of the crime. Large numbers of the bills paid and cancelled warrants have been destroyed, and a record was found in the minutes of the pro- ceedings of the board, evidently having been placed there long after the board adjourned, authorizing the destruction of accumulated “rubbish” which included principally the bills which had been paid, cancelled warrants, and even stubs of the warrants issued. It is seldom that men in an official position become so very honest that they wish to destroy all evidence of their honesty.

chunk 2958 · paragraph 151

ruction of accumulated “rubbish” which included principally the bills which had been paid, cancelled warrants, and even stubs of the warrants issued. It is seldom that men in an official position become so very honest that they wish to destroy all evidence of their honesty. In justice to the commissioners now here, it is proper to remark that they claim to know nothing of this entry, and that it must have been done by the clerk, or someone having access to the office. At any rate it appears of record, and from the fact that the bills cannot be found it is quite apparent that the minutes of that meeting were fully carried out. This, in our humble judgment, is one of the worst features of the entire investigation, as it is clearly an attempt to throw the respon- sibility of such an act upon the board and in this way justify the deed. The general public is aware that that particular portion of the pro- ceedings was never given to the public through the published proceedings. Another, and one of the most interesting features principally developed since the ad- journment of the grand jury, is the large num- ber of rebates made to tax payers which were never printed in the proceedings of the board. In a majority of instances the rebates amount to one-half of the assessed valuation, and amount in the aggregate to more than $100,000. ( 37 )

chunk 2959 · paragraph 155

t of the grand jury, is the large num- ber of rebates made to tax payers which were never printed in the proceedings of the board. In a majority of instances the rebates amount to one-half of the assessed valuation, and amount in the aggregate to more than $100,000. ( 37 ) The report in regard to the sheriff’s office is most unsatisfactory. Why has he failed to pay over the cash which he had on hand is not easily explained. The unaudited claim against the territory for $6,421.35, together with the amounts counted as cash items; some of which the committee regard as questionable for $2,802, is not properly an offset. The report, however, shows that the sheriff was not in a bad way for cash, which should have turned over months ago. His failure to collect certain li- censes will need a good deal of explanation as well as his charges for serving papers at a distance which were really served in the court house. It was for this, and also for his failure to turn the moneys over to the territorial audi- tor monthly that he was indicted. Upon these particular cases we will refrain from comment at the present.

chunk 2960 · paragraph 156

serving papers at a distance which were really served in the court house. It was for this, and also for his failure to turn the moneys over to the territorial audi- tor monthly that he was indicted. Upon these particular cases we will refrain from comment at the present. The clerk’s office seems to have been run in the most reckless manner. Nothing seems to be right, and everything wrong. The commis- missioners were called before the grand jury, but were apparently unable to explain any- thing and owing to the absence of the clerk, the odium of all the disgusting details shown in the report naturally falls on his shoulders. He has now returned and it is to be hoped will in some manner be able to explain the condition in which his office was found. The report of the committee was far from complete, and yet it unearthed the startling information that the amount of bonds issued is many thousands of dollars in excess of warrants issued, although some of the warrants were bonded as many as three times, and any number of others were raised from only a few dollars to several hun- dred. It is a bad showing and apparently cannot be explained without criminating someone.

chunk 2961 · paragraph 157

s of dollars in excess of warrants issued, although some of the warrants were bonded as many as three times, and any number of others were raised from only a few dollars to several hun- dred. It is a bad showing and apparently cannot be explained without criminating someone. But we cannot enter into the details of the report. It shows for itself. It shows that the county is on the verge of bankruptcy. It shows that money raised as a sinking fund has been converted into “special cash” and squandered. Three years ago the sinking fund amounted to $23,583.82, which with the accumulating sink- ing fund has since been “sunk” so deeply that the people will probably never see it again. Immediate action must be taken, civil suits brought for recovery of this money, and the guilty parties punished. EDITOR’S NOTE: Leonard & Sheridan were publishers of the Enterprise at the time of the grand jury investigation and writing of the above editorial. CONSISTENCY THOU ART A JEWEL To the Editors of the Enterprise :

chunk 2962 · paragraph 161

ught for recovery of this money, and the guilty parties punished. EDITOR’S NOTE: Leonard & Sheridan were publishers of the Enterprise at the time of the grand jury investigation and writing of the above editorial. CONSISTENCY THOU ART A JEWEL To the Editors of the Enterprise : As foreman of the late grand jury I am coming in for a little more than my share of the abuse heaped upon the members of that body. I shirk no responsibility and ask no favors, but I would be obliged to those charging me with all the faults and frailties of human nature, evil motives, ignorance, cowardice, pre- sumption, bull dozing and chicanery if they would be a little more consistent. I am first referred to as a “very small peg wobbling about in a big hole,” and yet when the hole is filled they howl that I alone filled it.

chunk 2963 · paragraph 163

f human nature, evil motives, ignorance, cowardice, pre- sumption, bull dozing and chicanery if they would be a little more consistent. I am first referred to as a “very small peg wobbling about in a big hole,” and yet when the hole is filled they howl that I alone filled it. I am accused of the awful crime of writing the report of the grand jury. Do these critics consider it the duty of some other member to do that work? That it was my report is true only in the sense that I drafted the general con- clusions upon the reports of the committees submitted to me, which was adopted by the grand jury without dissent. That clerical errors may explain some of the matters reported by the committee on the probate clerk’s office, I do not doubt, but they were errors of the clerk, not of the committee or jury. The vindication of Mr. Carpenter or any other official can not be complete and final because of the discovery of a few clerical errors. Now as to any control or attempted control of the grand jury, or to do more or less than my duty, every member will bear me out in the statement that there was the most perfect unanimity in our work on the county affairs ex- cepting in one instance, wherein I was disposed to more moderation and leniency, I was sum- marily sat down upon by the other grand jurors.

chunk 2964 · paragraph 165

y duty, every member will bear me out in the statement that there was the most perfect unanimity in our work on the county affairs ex- cepting in one instance, wherein I was disposed to more moderation and leniency, I was sum- marily sat down upon by the other grand jurors. If I am a conceited ignoramous unfitted for and incapable of performing the duties which were intrusted to me, let the attack be made upon that ground. If a master mind, with bull dozing proclivities controlling and overshadow- ing eleven solid, intelligent taxpayers of the county — eight of them of the opposite political faith — let that be the battery opened upon me. Consistency should thus be considered. Having the consciousness of the faithful ( 38 ) performance of a public duty fearlessly, with- out favor or prejudice, I am willing to submit to the consequences personal and political. Be- lieving that when a full and thorough investiga- tion of our county affairs shall have been con- cluded the verdict of the people will be favor- able toward the grand jury. D. P. CARR