06-28-15 Regular7elr.~a;.-, -1.01'%: i, June :ctii. 1915.
~` Bgu1^1° TG9 eti11~ 0f ';he ':'0?r11 COtzilcil r2.S C8.11eC1 t0 0Y'der by w'reS.
lac?~~er rith th@ f-llovain~ y,resent; 1: t~, ~radsha~J, ~ __. :_c1lae,
__. J. Sterling;, „__. ~ , ~lac?uner, Abssnt; J. _:. Cason~Jr.
Fi
:resident acts as clerk o~_' the r.:eeting.
:mutes Of adjourned meetings of June lath,, 17th. ~.__d
21st. sere read. "'here being no corrections the r:.inutes crere
ap-;:~roved as reed.
~`_OtiOl~ bw T, ~::. i~c~ae, seconded b~= Z, ii. Bradshar, that the
rep-al~sr Order o- business be dispensed l^ritli ::_,ld that ;.e proceed
*.;i~h t'r_e matter of the trial of Clerk ::_acl'ei11~-. Carried.
Cop~* Of charge and not-Ice O7F trial, as servod on ti. ?.ac-
ei"11 read to G. R. Broome ~s attorney for the defense.
::aelieilly, by his attorney, presents a motion headed as
folloars;
a`°"'~ ~ " Ixr re Charges against )
Alan =,_ac:eilly as To~;m ) Charges to rennove officer.
Clerk, i'reasurer and `1'ax ) potion to quash charges and
:..sessor. } dismass t?le proceeding.
ISotion denied, by president of council, as presidillg officer.
J. R, Cason Jr. enters and marked present.
e`atorney for the Defense files deuurrer.
r In re Charges against }
r"Alan I`:acteilly as "o~rn ) DR::??JRRER.
Clark, Treasurer and Tax )
y Assessor. )
Demurrer presented and overruled and exceptions noted uy
counsel. :otion and dermzrrer filed With Council.
lotion by T. P;., T."_eRae that the meeting, adjourn until 7.30
P i' Tuesday June 29th. 1°15, and that the hearing be -:OStoned
,~ for 'tti9O vree?_s. io second.
``" Aefei~dant, being arrainged, refused to plead but stands mute.
Tb.e Tovm Council, by R, S, ~oemans litty., offered as evidence
the audit of the to~rl books and asI>s that same be filed.
To the filing of the same as evidence the defendant, by ?ifs
attorney, did object on the grOUnds that there eras no r~itness on
°° the stand, that the record has not been proven and, sO far as the
>' defendant l~iorrs; is inu«eterial and irrevelant and so Obtuse as to
require a =_ey to decipher same; on the further grounds that it is
not shovm by the presentation that the audit ryas r',ade by an
accountant, or ~aho made it, or crhther it purports to be an audit
Of the Totem since its organization; and oil the fLtrther ,-rounds
that it is incompetent tO be admitted as evidence in a trial of
this cause ~rithout antroducinr proper evidence 'co shoe; arho made
it and la.yin~ the proper foundation for its introduction; and
upon. the further ~r Ozznds that it does not siio~r that it is ~::-n
atzd.t of the ~'oern Treas. and Cler1, of the Y'ovm du'rin~ his present
term of Office.
~ Objections overruled and exceptions noted.
The Defendant, by his attorney did iaove tO dismiss t?.e ?~ro-
ceedings and discharge the -)fendan~; ol? the rou:iti th_?t r_o evid-
~'
,~_
c`
ei:oe ~r~~s ini;raduced to i::peach hi:.~~ or to ~,-,-a-rrant findi ~~ hip.
;u9.lt-> o_ t're charge.
v_atian by J, C~.son Jr., seconded b~~ L. I<. Bradshaw,
th;~t the ~aotion be denied, doll call for ballot;
" J. Sterling i;ot vatii?:g.
T. - acH:;e '_-ot vatin~.
i,. ?~. '3radsha~r Yea.
,_otion carried.
i:, C soai Jr. Yea.
. '.:rr~, `... '~1ac11aer Yea. ._otion carried.
Counsel for defense .advises that 1?e h:ss no evidence to
ii.t-ro_duce and no further arguments to ma?.e.
t- otiaii i~~= Z, ??, radsha~=i, secandad b~- J, 3, Casan Jr. that
one Cauiteil o into executive sessian to consider the i:ayo-rs
order far rei.ogal. Carried.
:arshal ordered to clever the couxt raom,
Discussion b~,* the Council of the evidei~se submitted and the
arg-az:ents of the Caunsel.
Doors o~~ened to the public.
The folloti=riil~; resalutioii eras them presented;
" Resolved, That, having duly cansidered the e3tid-
ence submitted and the argurients of the counsel, that
:clan T_c:ac='ieill;;° is found ~s*ttilty of misfeasance and non6
feasance i?~ office as Clerk, Treasurer and Tax ssessar
of the iovexx of Delray and that he be removed from said
offices.
'_otion by J. R. Casan J~~,, seconded by T, .<, ;,_eRae that
the resolution be adopted as read. Roll call for Ua11o~;
J, R, Cason Jr. ,Yea.
D. ~~. Bradshaw Yea.
T, T+. i:icRae Yea.
~'., J, Sterling Present but not voting.
~9m. Pi. Blaclaner Yea. _
::otion by J, R, Cason Jr., seconded by Z, H, Bradshaw, that
the ~ be denied. Carried.
demand
:+:-oved and seconded that sae adjourn until 3-3U 1', L, Thu~-
sday, July 1st, 1915. Carried.
ii_plrived the day of __ ~.. D, 1915.
Then i~tty. G, R. llroom makes a formal demand on the Town
Uouncil to reinstate said .,llan "ac<Teilly in offices of Clerk,
Treasurer and Tax i~ssessor of Town of Delray and, in case such
demand an Council is denied, Bitty. Broome will appl~r to the
Judge of the Circuit Court for a writ of mandamus to restore
said ~,llan ~+:aci~eill~~ to office
.:.hest : -
'res. Town Council.
~ Glerk.