Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
History
Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family
Nourse, Charles Clinton
Iowa -- Politics and government; Lawyers -- Iowa -- Biography; Nourse, Charles Clinton, 1829-
marked paid, that there was a wonderful correspondence between the date
of the letter and the date when the warrant was marked paid. The
deputy, at my request, had given me these slips of paper containing
this memoranda and I had carefully locked them away in my iron safe,
thinking that possibly they might be of future use. At the next term of
the district court of Polk county the grand jury found two indictments
against the State Treasurer, one as defaulter to the state of Iowa as
Treasurer of State, and the other as defaulter to the State
Agricultural College, but examining the minutes of the grand jury, I
found that there was no evidence whatever before the grand jury that
the State Treasurer had used any state funds at any time for any
purpose, and the indictment of him as such a defaulter was not
justified by any testimony taken by the grand jury. I immediately
suspected that there was a secret hand at work intending that this old
man should be convicted, if not of one offense, then of the other. Upon
investigation I found that there had been some informality and
illegality in drawing and impaneling the grand jury that found these
indictments. On proper motion in court I had both indictments quashed
and the matter continued for the action of the grand jury at the
succeeding term of court. At the next term of court a new grand jury
was impaneled, the foreman of which was a personal friend of the
treasurer and a very honorable gentleman. He took occasion to suggest
to me that it was very painful to him to have to find indictments
against my client, the treasurer, but that he should certainly perform
his duty in that respect. I said to him that that was all right, but it
was not right for a grand jury to find an indictment against any man
without some evidence before it, tending to show he was guilty of the
particular crime for which they found their indictment, and told him
that the former grand jury had indicted my client for defalcation as
Treasurer of State without a particle of evidence, save and except that
as treasurer of the Agricultural College board he had made default as
to that fund. The result was that this grand jury brought in an
indictment only against my client as defaulter as treasurer of the
Agricultural College, and for unlawfully using and converting to his
own use the funds of that institution. The case was continued from term
to term for several years, and in the meantime the property that had
been turned over to the trustees had been converted into money, and the
loss of the State Agricultural College had been made entirely good.
Still the indictment remained against my client and had to be tried and
disposed of. The old man had given up his house and his home and there
was much sympathy existing in the community for him, and a general
impression got abroad that he was the victim of others who had unloaded
some very unprofitable property upon him and induced him to invest in
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