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Jacob McGavock, clerk of the district court of the United States for the district of Middle
Tennessee. Account as is alleged for
Attendance on the district court sitting in bankruptcy by order of the district
jndge from the 1st day of February, 1842, to the 1st Monday of March, 1845; said court having been constantly kept open from day to day, for the trans uction of business; and business having been transacted daily during the tinie, being 724 days, exclusive of Sabbaths; and the number of days heretofore charged and paid for on account of the business of the circuit and district courts, 724 days, at $5 per day.
An account against the United States, of which the above is an abstract, was sworn to by said clerk, February 27, 1850, and the clerk swore that it had not been paid. Whole number of days from February 1, 1812, to 1st Monday of March,
(March 3,) 1845... Deduct Sundays during the time...
161 Days previously charged and paid for attendance on the circuit comt.. 188 Do.....
..do .... ... district court. 146
Days remaining, only.
Number of days charged and sworn to.....
Deficiency and error (days).
The clerk certified to the account, and that it was legal and proper, and that the clerk actually attended the court by himself or his deputy, and by order of the judge, for the transaction of business, each and every day charged ; and the clerk made affidavit, February 27, 1850, that the account of $3,620 was just and true, and that the same had never been paid. The affidavit is at the bottom of the account, which states that the court was constantly kept open, and business transacted daily during the time mentioned, (724 days,) exclusive of Sabbaths, and the number of days previously charged and paid for.
The district judge (M. W. Brown) held courts during the same time in two other districts, to wit: East and West Tennessee, so that it was impossible that the bankrupt court should have been actually open and in session during the whole period. The time previously charged and paid-188 and 146, total 334 days—was the time during which the court was actually open, and the judge present.
The clerk and marshal had each rendered six semi-annual emolument accounts during the same period, in which each of them claimed a per diem only for the days when the court was actually in session, and for which they then made their charges and were paid accordingly. These emolument accounts were sworn to as the amount of all their emoluments; and, in some of the affidavits, the clerk added « nor am I entitled to any emoluments for the period therein mentioned, other than those therein specified.” Certified by the judge on the account as follows: Examined and allowed.
M. W. BROWN, District Judge. I do hereby certify that, in obedience to an order of the district sitting in bank. ruptcy, the clerk of the court was in daily attendance in said court. Given under my hand this 4th day of April, 1850.
M. W. BROWN, District Juige.
The original certificate is left blank.
Abstracts of costs taxed and certified by the District Judge and Clerk in
the District of Massachusetts.
UNITED STATES 11. Indictment for combining and conspiring with other persons to James W. Wilson. S
procure the ship Franklin to be cast away and destroyed.
Charges of the marshal.
1. Warrant to arrest Wilson-service, $2; copy, $1; commitment,
50 cents; travel, 5 cents...
50 cents; travel, 5 cents...
ment, 50 cents; travel, 5 cents..
mitments, $3; travel, 5 cents.
charges, $3; travel, 5 cents
in the same cause as follows:
95 85 95 85 433 35 417 30
Total marshal's fees charged in that suit.
2. Indictment for the same offence, charging him with conspiring
with Charles Smith to destroy the same vessel.
The same number of charges, in precisely the same words, and
during the same time, (April and May,) and for the same
1S. JAMES W. Wilson.
3. Indictment for the same offence, charging him with conspiring
with John W. Crafts to destroy the same ship.
Charges of the marshal.
The charges of marshal's fees in the third cause or indictment is
for serving no iess than 28 warrants to commit six witnesses to
charged at $16 05 each, as charge No.:.
charged at $16 05 on each writ..
Total in 3d suit..
4. Indictment for combining and conspiring with persons unknown to US. John W. Crarts. ( destroy the ship Franklin.
Charges of the marsbal.
Marshal's fees, charged in April and May, for serving 29 warrants
to commit 6 witnesses to jail, each time, on each writ, $16 0o,
at $16 05 on each writ
Total in 4th suit
5. Indicted for combining and conspiring with C. Smith to destroy sail ship.
Johx W. Crafts.
1849. April &
The charges in this case are precisely the same as in No. 4, for
serving 29 warrants to commit and 28 writs of habeas corpus,
16. Indicted for combining and conspiring with James W. Wilson to John W. Crafts.destroy the same ship.
Chargcs of the marshal.
April and May, service 1 warrant to commit, and one habeas cor
pus for three witness, charged at $8 55 on each writ......
7 witnesses, at $18 55 each
6 witnesses at each time-charge, at $16 05 on each writ, &c ..
Serving 29 warrants to commit Wilson and 28 writs of habeas cor
pus, for each $3 55....
Total marshal's charges in this cause..
Do... ..do....... No. 1, brought forward..
1, 264 90
882 75 914 85 914 85
Total marshal's charges in the six causes.
6, 147 05