Legal document about D. W. Davis to Mississippi Governor John J. Pettus; December 17, 1861

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Legal document about D. W. Davis to Mississippi Governor John J. Pettus; December 17, 1861

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People

Andrews, William W.Basham, O.Davis, D. W.Easley, William B., active 1861 Harris, D. W.Martin, James A.Miller, William R., active 1859 Montgomery, J. M.Rector, Henry M. (Henry Massey), 1816-1899 Stirman, John J.Waldrup, P. M.Walker, Thomas H.

Events

Crime Crime--Embezzlement

Organizations and Businesses

Arkansas. Department of State Courts Military Board

Occupations

Auditors Clerks Judges Secretaries Sheriffs Treasurers

Places

Arkansas Little Rock (Ark.)Pulaski County (Ark.)

Page 1

State of Arkansas,

County of Pulaski. sct

Be it rembered, that, on this, the sixteenth day of De-cember, in the year of our Lord one thousand eight hundred and sixty-one at my office, in the city of Little Rock, in the county and State aforesaid before me, William B. Easley, clerk of the circuit court in and for the said county of Pulaski, duly authorized by law to admin-ister oaths, personally appeared William R. Miller, of full age and to me well known to be the Auditor of Public Accounts of the State of Arkansas, who, first being duly sworn, on his oath deposes, state and says:

That he is and has been for more than a year past the Auditor of Public Accounts of the State of Arkansas and as such Auditor draws warrants upon the Treasurer in favor of creditors of the State upon appropriations made by the General Assembly or as otherwise prescribed by law; that upon, or shortly after, the organization of the Military Board of the State of Arkansas, one D. W. Davis was elected or appointed thereby as Secretary thereof, that accounts by reason of expenditures for military purposes were examined and ordered to be paid by said Military Board,

Page 2

and upon the presentation of such order signed by the President of the Military Board, he the said Miller, drew his warrant on the Treasurer in favour of the person or persons named in said order, on the Treasurer of Arkansas for the amount so ordered to be paid: That the said D. W. Davis frequently presented accounts and orders of persons for amounts due and received the warrants therefore and claimed to possess control of such accounts and orders:

That the said Davis, on the 10th day of October, 1861, presented an account certified by D. W. Harris, Judge; P. M. Waldrup, Sheriff, and J. M. Montgomery clerk, central com-mittee to obtain clothing under appointments and direction of said Military Board, giving the names of persons furnishing clothing and goods, items of the articles and prices furnished by each and amounts severally due them, amounting in the aggregate to $ 1870 ⁹²/100 on which account was endorsed the following order:

"Office Military Board

Nover 8^th 1861

The Auditor of public accounts will draw his warrant on the treasurer of the State for eighteen hundred and seventy dollars of Arkansas war bonds, in favor of Harris

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Waldrup and Montgomery in payment of the above account."

(signed) "H. M. Rector"

That, in conformity with said order he, the said Miller, as such Auditor, did draw his warrant on the Treasurer for the said sum of $1,870. in favor of said Harris, Waldrup and Montgomery, payable in Arkansas War Bonds and delivered the same to the said Secretary of the Military Board, who, thereupon endorsed on said account and order, the following receipt:

"Received from the Auditor a warrant on the Treasurer for the amt of the above order 10th Oct. 1861.

(signed) D. W. Davis

W. R. Miller

~~Subscribed and sworn to before me William B. Ensley Clerk of the Circuit~~

Page 4

(Copy)

No 1868

"State of Arkansas. Auditors Office, Little Rock, 10th Oct, 1861.

I certify That the sum of Eighteen hundred and seventy Dollars and [gap] cents is due by the State of Arkansas, to Harris, Waldrup & Montgomery, For amount of order of the Military Board of the 8th inst. and do hereby direct that the Treasurer of the said State, pay to the said Harris, Waldrup & Montgomery or bearer, the sum of Eighteen hundred and seventy Dollars and [gap] Cents, out of War Bonds—

(Accrued since 1st Oct. 1844)

$1870 ⁰⁰/100

W. R. Miller
Auditor"

Endorsement on the back of the same "D. W. Davis."

Treasurer's Office
Little Rock Arkansas
Dec 16th 1861

I hereby certify that the above is a true copy of Auditor's Warrant in favor of Harris, Waldrup & Montgomery for the sum of Eighteen hundred and seventy Dollars and that the same was paid to D. W. Davis as shown by the endorsement thereof, all of which is on file in my office.

In Testimony Whereof I have hereunto set my hand and affixed my Official seal, this the 16th Decr 1861

O Basham, Treasurer
By Jas A Martin D. F.

Page 5

the said D W Davis mentioned in the above and foregoing affidavits did feloniously embezzle and convert to his own use the aforesaid sum of $1870.⁰⁰ in war bonds, since he received the sum from the Treasurer as stated in the above & foregoing certificate and affidavits. He further states that he is informed and believes it to be true that said Davis has recently left the State of Arkansas and gone to parts unknown

Wm. W. Andrews

And at the same time and place also appeared before me William B Easley, Clerk as aforesaid

Henry M. Rector one of the members of the Military ^Board^ of the State of Arkansas, who being duly sworn states on oath that the said D W Davis has not paid over or in any manner accounted for the aforesaid sum of $1870.⁰⁰^to the best of his knowledge & belief^ in war bonds, to the Military ^Board^ or the State of Arkansas or in any manner so ever—that he has reason to believe and does believe that the said Davis has embezzled and converted to his own use the aforesaid sum of $1870.00 since he received it of the Treasurer as certified to in the above & foregoing certificate. This affiant further states that he is informed and believes it to be true that the said Davis has absconded from the State of Arkansas and gone to parts unknown out—

Page 6

Henry M Rector,

State of Arkansas

County of Pulaski.

On this 16_th day of December 1861 before me William B. Easley Clerk of the Circuit Court within and for the County aforesaid personally appeared William R. Miller,

James A. Martin, William W. Andrews and Henry M. Recor, and Each severally made oath that the facts contained and set forth in the foregoing affidavits, which are subscribed by them respectively, were true to the best of their knowledge and belief—

[seal]

And in testimony whereof I hereunto set my hand as such Clerk and affix the seal of my office the day and year aforesaid

William B. Easley Clerk

By Tho^s. H. Walker D. C.

Page 7

THE STATE OF ARKANSAS.

I, HENRY M. RECTOR, Governor of the State of Arkansas, and keeper of the Seal thereof, do hereby certify that William B. Easley. whose name is signed to the annexed instrument of writing was at the time of signing the same Clerk of the Circuit Court, and Ex officer Clerk of the County Court in and for the county of Pulaski in said State, duly commissioned according to law, and that his attestation is in due form.

[SEAL OF THE STATE OF ARKANSAS]

In Testimony Whereof, I have hereunto set my hand and caused the seal of said State to be affixed at Little Rock, on the 17^th, day of December, A. D. 1861.

H M Rector,

By the Governor:

John J. Stirman

Secretary of State.

Page 8

Requisition from Arkansas for D. W. Davis