xt70zp3vt865_179 https://exploreuk.uky.edu/dipstest/xt70zp3vt865/data/mets.xml https://exploreuk.uky.edu/dipstest/xt70zp3vt865/data/63m46.dao.xml unknown 14 Cubic Feet 31 boxes archival material 63m46 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Harkins Family papers Mineral rights -- Kentucky -- Floyd County -- History. Law reports, digests, etc. -- Kentucky. Mining leases -- Kentucky -- Floyd County -- History. Practice of law -- Kentucky. Bankers -- Kentucky. Banks and banking -- Kentucky -- Prestonsburg. Coal trade -- Kentucky -- Floyd County -- History. Lawyers -- Kentucky. Commonwealth of Kentucky v. Carter, A.C. et al text Commonwealth of Kentucky v. Carter, A.C. et al 2016 https://exploreuk.uky.edu/dipstest/xt70zp3vt865/data/63m46/Box_20/Folder_3/0002.pdf 1934 1934 1934 section false xt70zp3vt865_179 xt70zp3vt865 / , -.d y , , pit?
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THE CMONWEALTH O? KENTUCKY, PLAINTIFF,
was: 1’32;wa 39;: em or M
A. c. cum. DR; w. L. some, ‘
REGINA MAYO. GEORGE WOODS, .
orro 3mm, m. w. 11. 0mm, \_
AND HERBERT SALISBURY, ERIENDANTS. O
Comoc now tho Commonwoolth of Kentucky by Honoiable
o. C. Hall. Commonwealth Attorney. Thirty-first Judicial District
of Kentucky, and says that at the present term of this court, to-
' wit, on the 24th day of September, 1934. an mammals was roturuv- '
ed in the Floyd Circuit Court charging tho defendants named in
the caption hereof with the crime of willfully and froudulently
misapplylng, misappropriatlng and converting to their own use
legal tender relief orders, cffccto and proporty and converting p
some to the use of others. Your Petitioner coy: that he 1: 1n- (
formod and verily believes that the Commonwealth cannot have a ,
folr_1mptriicl trlcl in tho procccutlon on the above ctylcd coco
‘ 1n Floyd County, the county in whio22:;%d o utlon to now pond-
1ng on account of the state of public m132E§§eEEf:;%lmg 1n Floyd ,
County for the following reasons. to-wltz
Says that tho dcfondant, A. C. Cortor, charged in the
' ‘ indictmcnt horoin, lo mayor of the City of Prostoncburg and hue ,
boon for ocvcrcl years last pact; that ho is a person widely cou-
noctod and lo a strong influentiol person in Proctonsburg and ‘3
Floyd County and lo wldoly connected with many strong and 1n- ‘ b
fluentlcl families in Preston-burg and Floyd County, Kentucky; ,i
lay: that the defendant, W. L. Stumbc, to the present County Judge
. .1, a

 .1‘
of Ilcyd County having served as County Judge for many years last
past; that he is widely connected with many of the strong wealthy
and influential families of Floyd County: that he married one Anna
Elliott who is likewise a member of a strong influential fumily of
Floyd County and is connected with many of the strong wealthy
- powerful and influential families of Floyd County. Says that the
defendant. Dr. W. L. Stumbo, for many years last past has been
actively engaged in politics in Floyd County and by reason of his
political influence and power he has built up in Floyd County a
strong and powerful politioal machine and that he by reason of '
his political activities and by reason of the fact that he is the
present County Judge of Floyd County and on account of the wide-
ly connection relations of the defendants charged in the indict— ,
ment with him it would be utterly impossible for the Commonwealth
to obtain a Jury selected from this county to try the case that
would be free from all biases and prejudices in the case. Says
that aside from his strong political connections in Iloyd County
he has for many years maintained and operated what is known as the
Beaver valley Hospital and a great percent of the citizens of
Floyd County go to said hospital for medical treatment. In fact,
J_he has the only hospital in the county and that the people general
ZC/ly from every section of the county patronize said hospital; that
he has been an active practicing physician and surgeon for many
years in Floyd County and by reason thereof he is strongly con- I
nected with most every strong wealthy influential family in lloyd '
County: Days that the defendant, Regina Iayo, named in the indict.
ment herein is the wife of Dick Mayo, both of whom live and reside
in Floyd County; that her said husband is a member of one of the
oldest, strongest. most wealthy and in sntial and powerful fami- *
lies of Floyd County and by reason ofdiiielationship existing be-
tween the husband of Regina Hays, which relationship and kinship 1
extends to most egery part of rloyd County. The defendant, Regina :
layo's brotherein-law, Porter lays, has been County Attorney of
\ .2. .p

 Floyd Ebunty for sovorsl yours snd is widoly known sud woll con-
noctod with tho citizenship gonorslly in Floyd County and on so-
count of the relationship snd businoss connections of tho dofsn-
dant, Regina Nhyo, through her husband, Dick lsyo, and her/immedi-
ato families, it would be impossiblo to obtain a Jury soloctod
from Floyd County froo from prejudices and biased foolings that
would give both to the commonwealth and tho dofondsnts named in
this indictment a fair and nspartiai triol socording to the law
and tho ovidonco. Says that tho dofondsnts, George Woods, Otto
Funnin snd Herbert Salisbury, sro all numbers of strong, wealthy ~
and influential families and such of whom are the political friends
and supporters of Dr. I. L. Stumbo and such of whom sro connected
with tho ssid Stumbo‘s political machine in Floyd County having boon
tho srdont supporters and friends of tho said Stumbo during his
ohtiro political career and by rosson thoroof hsvo booomo widely
known and well oonnoctod with many of tho strong, powerful,
woslthy snd influontisl fumilios of Floyd County and being members
and a port of tho said Stunbo's political msohino hsvo by reason
thereof, thousands of friends and supporters and sympathizors in
this Issstsnd thst to such sxtont that it would bo impossiblo to A
fly, obtain s Jury solootod_on tho rogulsr manner in Floyd County that 1
would giro to tho Commonwoslth in this case a fair and impsriisl ,7
trial and try tho csso scoording to tho low ond tho tostimony
that would be hoard in tho coco. Ssys that Rovorond V. I. Chsp-
msn has boon one of tho msmbors of tho roliof oommittoo for Floyd
, County for more than two yours lost post and by reason of his '
serving on tho committoo he has oontsctod most of tho citizenship
wsslllllay in most every soction of Floyd County; that ho is now
and has for many yosrs lsst post boon, one of the strong and ar- ‘
dont supporters of Dr. I. L.8tumbo snd in foot is s msnbor of V
said Stumbo's politicsl machine in Floyd County which politiosl
msohino is a strong and powerful and influontisl organisation
1 throughout tho ontiro county of Floyd and by rosson of his con-
.3. .

 nootions snd rolotionohip with his co-dofondsnt. Dr. W. L. Stumbo,
it likewiso would bo inpébsiblo to ooloot o Jury in tho regular
way from Floyd County that would givo to the Commonwealth a fair
snd impartial trial in this case.
Your Petitioner horoin spooificolly and oxprosoly obn
Jocts to the above styled case being bonuod to Piko County or
Knott County boosuso of tho foot that tho dofondsnto heroin nsmod
have many strong, poworful, wealthy snd influential friends in
i said two oountios and likowiso hsvo many supportoro and sympathisoro
in their bohslf in said two counties snd for tho reasons horoin
stated it would likewise be impossible to chasin s Jury solsotod
in the regular manner in either of said two counties that would
givo to tho Commonwoslth in this cuss a fair snd impartial trial.
Your Petitioner ssyo that this application is‘not made
for doloy but thst Justioo may be dons. that no previous appli-
cation for change of wonuo hos boon msdo heroin.
WHRRRIORE, tho promises considered. your Potitionor,
Tho Commonwealth of Xontuoky, props tho court to vonue said osso
to some oountyothor than Piko County or Knott County and for all
proper and appropriate roliof.
WWW
JUDICIAL DISTRIGT OF KENTUCKY
, . ' .‘. i A

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,'t‘éjjg’j’qfi
FLOYD CIRCUIT COUJ’LT.
COLlijJ’EALTIi OF KENTUCH, CLAINTIFF.
AGAINST 3: MOTION FOR BILL OF Pz'ui‘fIC'LmsRS.
R GINA MAYO, LIT 14.1.5.3” DoE‘dN‘QANTS.
The deferxiant, Jim Iietcher, moves the Court. to require
the plaintiff to file a BILL Ur‘ .‘.R’I‘ICUL/‘dis herein, and to
' set out therein the names of the merchants to whom it is
claimed orders were issued to supply provisions, the date
of such orders. the amounts of such orders, and the names of
the alleged sundry and divers ..ersons in whose favor it is
claimed said orders were issued, as alleged in the indictment
herein; and (2) the names of the alleged various and divers
individuals. the dates and the amounts claimed to have been
paid to such alleged individuals for work and labor upon the
Abbott Heights Golf Course; and (8) the dates when 'vaid.
the amounts paid and to whom paid for labor ugson the private
residence of Jim Coburn at Cliff, Kentucky, am upon a private
road from the residence of the said Jim Cobum to his barn;
and (4) the dates when paid. the amounts 981119 and to whom pail
for a priVate sidewalk in from. of the residence of ‘.’i. '5:".
.illiams. deceased; and (5) the dates when paid. the amounts
paid and to whom paid for labor upon the private garage be-
longing to A. C. Carter.
J Iii HATCHA'JR,
‘ BY

 FLOYD CIRCUIT (:0URT.

COMHONVEALTH OF KENTUCKY, ,LAINTIFF.
AGAINST :: AFFIDAVIT.

REGINA rays, L‘TC. , MEL-JAMS-

The affiant, Jim Hatcher, says that he is one of
the defendants in the above entitled cause; that he is informed
and believes, and ugon such information and belief he alleges.
that that from the time the relief organization first began
to “unction in Floyd County to and including the time of the
finding of the indictment herein, there was issued either in
the form of merchants orders, or by vouchers, or checks, or
other form of payment, approximately 100,000 merchant orders
or checks or other form of distribution of relief; that said
relief was distributed during said period of time to approximaly
10,000 people in Floyd County; that the indictment herein does
not set out the dates when it is alleged merchandise orders were
improperly issued. or to what merchant issued, or in whose favor
such orders were issued, or the amounts thereof. and does not
set out the dates when it is alleged payments were improperly
made, or the names of the persons to whom paid. or the amounts
claimed to have been paid for work upon the Abbott Heights Gel!
Course, or upon the private residence or private road of Jim
Coburn, or upon the sidewalk in front of the residence of
W. W. Williams, deceased, or upon the private garage of Ac C.
Carter.

The affiant further says that unless the plaintiff
herein is required to file a Bill of Particulars herein. setting
out the names of the merchants to whom it is claimed orders were
issued to supply provisions. the date of such orders. and the

 amounts of said orders, and the names of the alleged sundry
and divers persons in whose favor it is claimed said orders
were issued. as alleged in the indictment herein; and (20
the names of the alleged various and divers individuals,
the dates and the amounts claimed to have been paid to such
alleged individuals for work and labor uaon theAbbott Heights
Golf Course; and (3) the dates when paid. the amounts paid
and to whom paid for labor upon the priVate residence of Jim 9*
Coburn, at Cliff, Kentucky, and upon a private road from the
residence of the said Jim coburn to his barn; and (4) the
dates when paid, the amounts paid, and to whom paid for a
nrivate sidewalk in front of the residence of I. Y. Tilliams, v
deceased; and (5) the dates when paid, the amounts paid, and
to whom paid for labor upon the priVate garage belonging to
A. C. Carter. the defendants herein cannot be informed as to
such facts, or marshall the evidence to sustain their defense
herein, nor will any judgment herein rendered be a bar to any
further or other prosecution against the defendants or either
of them incident to any merchants order, check, voucher or
other form of distribution of relief, issued at any time prior
to the filing of the indictment herein.

Sworn to before me by Jim Hatcher this 5 day of September.
1934.

mm

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FLOYD CIRCUIT COURT.
COIMviONNEALTI-i or KENTUCKY, PLAINTIFF.
AGAINST :: AFFIDAVIT. . .
A. c. CARTER, ETC., DEFENDnI TS. , or
The affiant, A. C. Carter, Says that he is one of the de- ;
fendants in the aboveeentitled cause; that there is filed herein on r
this day, and simultaneously with the filing of this affidavit,
_ affidavits of the persons hereinafter named, upon the petition and ‘f;
motion of the plaintiff for change of venue herein. IP~
That K. Moore, who makes one of such affidavits, resides on .
Beaver Creek, Floyd County, Kentucky, and is an ex-sheriff of Floyd 9
County, Kentucky; that John Branham is a farmer, residing between ~5
Prestonsburg and Auxier in Floyd County; that Lee P. May is an ex-
sheriff of Floyd County, Kentucky, and is now Cheif of Police of
Prestonsburg, Ky; that L. S. Moles is agent for the Chesapeake &
Ohio Railway Company at Prestonsburg, Ky., and has been such agent
for more than twenty years; that C. H. Nichols is a Minister of the '
Gospel, and also engaged in the Insurance business; that M. T. Stumb
is the present sheriff of Floyd County, Ky; that A. B. Meade is the
County Court Clerk of Floyd County, Ky., and he is now serving his
second term as such officer; that E. P. Arnold is an undertaker,
and is bolice Judge of the City of Prestonsburg; that John Stephens
is formerly Superintendent of Schools of Floyd County; that Monroe
Hall is an ex-Justice of the Peace of Floyd County; that Ballard
Hunter is now Superintendent of Schools of Floyd County; that J. B.
Clark is a regular practicing attorney of the Floyd Circuit Court; h
that C. W. May is a merchant, and manager of the store at Prestons—

 for the Kroger system of stores; that A. J. Archer is one of the em-
ployees and general book-keeper for The Bank Josephine, PrestonSburg,
Kentucky;that H. C. Francis is a merchant of Frestonsburg, Ky; that
Henry Stephens, jr. is Cashier of the First National Bank of Pres-
tonsburg, Ky., and has heretofore been Clerk of the Floyd Circuit
Court; that Doug Hayes is a citizen and resident of Floyd County,
Kentucky, and engaged in the lumber business; that Will Holbert
has been a merchant of Floyd County, and is now deputy jailor of
Floyd County. / /
O» @ (pm
Sworn to before me by A. C. Carte ept. 28, 1934.
/ \

 , v ; 1 - ..;
FLOYD CIRCUIT COURT.
cox-.:tzcnxri'iazttnf or semen, 1,.A13rr1FF.
AGAINST : : AFFIDAVIT. ‘
A. C. CARTER, ETC” DEFENDETS. ‘
The affiant, A. C. Carter, says that he is one of the de-
fendants in the above< ntitled cause; that there is filed herein on
this day, and simultaneously with the filing of this affidavit, i
affidavits of the persons hereinafter named, upon the petition and
motion of the plaintiff for change of venue herein.
That K. Moore, who makes one of such affidavits, resides on
BeaVer Creek, Floyd County, Kentucky, and is an ex-sheriff of Floyd
County, Kentucky; that John Branham is a farmer, residing between
Prestonsburg and Auxier in Floyd County; that Lee 2. May is an ex- .
sheriff of Floyd County, Kentucky, and is now Cheif of zolice of ,
Prestonsburg, Ky; that L. 3. moles is agent for the Chesapeake & 3
Ohio Railway Company at Prestonsburg, Ky., and has been such agent
for more than twenty years; that C. H. Nichols is a Minister of the
Gospel, and also engaged in the Insurance business; that M. T. Stumb
is the present sheriff of Floyd County, Ky; that A. B. Meade is the
County Court Clerk of Floyd County, Ky., and he is now serving his
second term as such officer; that E. r. Arnold is an undertaker,
and is Lolice Judge of the City of Prestonsburg; that John Stephens
is formerly Superintendent of Schools of Floyd County; that Monroe
Hall is an ex-Justice of the Peace of Floyd County; that Ballard
Hunter is now Superintendent of Schools of Floyd County; that J. B.
Clark is a regular practicing attorney of the Floyd Circuit Court; I
that C. V. May is a merchant, and manager of the store at Prestons- .

 for the Kroger system of stores; that A. J. Archer is one of the em- ;

ployeee and general book-keeper for The Bank Josephine, Prestonsburg,

Kentucky;that H. C. Francis is a merchant of :restonsburg, Ky; that .

Henry Stephens, jr. is Cashier of the First National Bank of ires- j

tonsburg, Ky., and has heretofore been Clerk of the Floyd Circuit

Court; that Doug Hayes is a citizen and resident of Floyd County, ’

Kentucky, and engaged in the lumber business; that Will Holbert L

has been a merchant of Floyd County, and is now deputy jailer of

Floyd County.

Sworn to before me by A. C. Carter Sept. 28, 1934.

mm

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Co.,»?! 51* C‘;‘r_:17-.".77“f: ”2’1?" ’.‘
12.2‘1'37:K2i2f_ T. ‘ ' '
FLOYD CIRCUIT COURT
COI.’2;.OE.I'TJ2LTH OF KENTUCKY PLAIIETIFF '
vs /// AFFIDAVIT ‘
A. C. CARTER, ETC DEL-‘El-UliNTS
The affiant says that he is one of the defendants
in the above entitled cause; that. he is informed and
believes and upon such information and belief he alleges
that from the time the relief organization first begin
to function in Floyd County to and including the time of
the finding of the indictment herein there were issued
approximately 100,000. or more, relief orders in the dis-
tribution of relief; that said relief was distributed
during Said period of time to approximately 100,00 people
in Floyd County; that the s aid indictment herein does not
set out the dates when it is alleged relief orders were
improperly issued or in whose favor such orders were
issued or the amounts thereof and does not set out the dates
when it is alleged payments were improperly made or the
names of the persons to whom paid or the amounts claimed
to have been paid for work in the construction of a garage
PAGE -1-

 . v

in the City of Prestonsburg, Kentucky by A. C. Carter or ‘
for his own private use andpurposs or for the private use
or guns-ose of another or by the said w. L. ‘Stumbo in the
payment of his own indebtedness or to paying divers and
numerous persons for work and labor in the construction
of work on the premises of the Beaver Valley Hospital or
otherwise or at all or by the said Regina Mayo in the
wrecking of a coal mine ti‘;:ple or for work and labor in
carrying on her own private business or by George "foods
in payment of his own private indebtedness or to defray
expenses of his own personal and private entemrises or
for work upon his f am or by Otto Fannin in paying for work
and labor in carrying on his private business enterprises
or for payirg for work or labor for carrying on his pri-
vate enterprises. .

The affiant further eays that all of the facts
he:-ein s at out have been ascertained heretofore by inves- ,
tigators and auditors employed by the “entucky Ekaergency '
Relief Association and report thereof made and information
thereof mmished to the Comomeaith'a Attorney of the '
3131... Judicial “istrict of fientuclqr and that such informa-
tion is now, and was at the time of the finding of the
indictment herein available toand in the possession of
the said onmnonwealth's Attorney aforesaid.

The affiant says that different ones of the defen-
dants mentioned and referred to ins aid indictment were
ag‘Jpointed as members of the Floyd County Relief “omnittee
at different and divers times and that the term of office
as members of the Committee in Floyd County varies from

PAGE ~8i-

 ~ e
I
approximately four (4) months to the full length of time
that the committee has been functioning.

The affiant further says that because of the large
number of relief orders issued and the large number of per-
sons to whom such relief orders were issued the defendants
herein cannot properly prepare or present their defense to
said indictment, unless the plaintiff herein is required to
file a bill of particulars herein setting out the facts
mentioned and referred to in said motion. nor can the defen-
dants be informed as to such facts or marshall the evidenceto
sustaintheir. defense herein, nor will any judgment herein
rendered be a bar to any further or other prosecution against
the defendants or either of them incident to anwzelief orders
or other form of distribution of relief issued atzany time
prior to the filing of the indictment herein.

bubscribed and sworn to before me this 28th., day
of September 1934.

Allen & Tackett.
Howard 8: Mayo.

B. M. dames and
Walter S. Harkins, Jr
of “ounsel.

 FLOYD CEBCULT COURT
COMMON“ ‘.’EALTH OF IEII'TUCKY PLAINTIFF
VS /// DEMURER .,
A. C. CARTER, ETC DEFEEH) HTS
The defendants, and each of them, demur to
the indictment herein. I
A. C. QRTER. ETC ‘
BY___ " '
ATTORI'JEY.
Allen :_:; Tackett ‘
Howard & Mayo .
1'). Ed. James am
‘ Walter- 5. Harkins, Jr
of counsel.

 FLOYD CIRCUIT COURT
COI.Z..;ON"EALTH OF KENTUCKY PM II‘I‘IF’F
vs //// MOTION FOR BILL OF PARTICULARS
A. C. C ARTER’ ETC DBFHIDJXI‘TTS
The defendants move the court. to require the
plaintiff to file bill of particulars herein and to set
out. therein the dates of the alleged relief orders, the
amount of such alleged orders and names of the persons in
whose fianor said alleged relief orders were issued, and
the persons to whom it is alleged said relief orders were
delivered as set. out in said indictment herein.
A. C. CARTER, ETC
BY ”_._-_.....“
ATTORNEY
ALLEN r3: TACKETT
HOZ‘IARD & MAYO
B. M. JAMES AND
WALTER S. HARRINS, JR
OF COUNSEL

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C; ”1‘.-J " L.. ”".‘fg-jfifjlf, - .‘...x'.
5,. L
A. C. ~34, -.’Za-,. 2 "J‘"‘,'i"'"Ii."S.'.
1'32; , 3119252; 122152221, 2 ’:;-22’s. 22:2 :::: :e 3:3-7:22.32

and 22:255-423-2‘15 ‘:gra 37:2,. i"’.‘i.:2g:§ 51:22:22,323 12-.'-:2'i::.2.r:‘:;g :::21‘. 35.-.1; ‘2: Been
a Oil-1152,21 :vnrq. 2 of 3.;-5);}:- i.3=5zi:2.“5jf, Q.r::‘1‘-’.L of Flog-'6. County, fientucky; that based upon his ac-
quaintanceship and :nowledge of the people in the section‘s .-.212e:.'e he is ac-
quainted, 122215.021 27,-would embrace agpmximately one— third 0;.“ 31:21.51 County,

_ there is no partial-1w for or prejudice against either the plaintiff or
the defendants, or- either of the aefenciants herein, :.zhich mould prevent
either the gluintiff or the dei’onnimt from 11:-vim“ :2 fair an} impartial
trial of this cause.

W
33012:; to before me by Dewey Iflanton, this Sept. :“i . 1934..
3502.23"; zzblm, 2: .032“:- 5202.»:2-ta/, my. ,

 MEMO. OF LAW BY:,,,.,_,,,,, , ,, A ,: :FOR:
MATTERM.% ,i’, ,‘tZ-«g ,::- __
FILEAIN £6: '11 fin g;— :_%::___
.‘.., 4, a: 45W MW
‘ __.-7 / ,2 .' fr. Sfi@m,a’§f‘7b‘~
MG/mM/V Wig” A‘A fl§//?‘ .
mafiaLgM—ewgflgwmg
, Wiafif M 7’ $503, z‘r .iiflyazaw
mw x” /’a:}: fix
w ,2, {rwf/fjfi M _

 MEMO. OF LAW BY_ , o, , 7 filler-0R“;
MATTERWW , ,, _l _.,,”

FILE IN ' *____‘._____
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i
FLOYD 01min cover 15
The Commonwealth of mtucky. , Plaintiff. 1
~Aeainlt- LNDIC‘I'LTw’T 1"th mum}, EIIAPPIICATILN :2? HERBS F08 \
T 2.' use 1"“ my; STAT 11'. ’2:-D awn“.
Regine Mayo, ‘
Dr. W. 1. Stumbo, v
9‘18 Hm.
George Weeds.
A. C. out.” r -
Homer Salisbury «
R. :3;. mome-
zatto rennin,
Jim Fletcher, and /
Rev. :.'. in. Chapman. Defendants. !
Tm GRAND may or more comm, in no name and by the authority
of the Cmonscalth of Kentucky accuse, Rogina’ More, Dr. W. I.. saturate. ‘
Dug Hays. George woods, A. 0. Carter. Homer Salisbury, R. c. Thomas,
otto Fannin. J11: Hotcher and Rev. W. 51’. Chapman, of the crime of unlaw- ‘
mny ,villfully and folonloucli Mupply. an: appropriate, conceal.
' use, loan and otherwise wrongfu ly and fraudulently dispose of ncncyc
‘fpndc and properties beloin- to i v- ‘ a.“ n - “ch." ‘
m ans; eh. mu MW
he can as up: “for use to the ctate of Kentucky and Floyd county
committed in manner and form so followc. to-nit:
The said defendants above named, in the county of Floyd. state 2
9f Kontuckz on the 25th day of April 1934 and before the finding
of this in lament, am unlawfully. whimliy and felonioucly miluply
micapprcpriate, use, loan and otherwise wrongfully and fraudulently
d1 space of money funds and properties or the Reconstruction Finance -
Corporation and the Civil Works Adainictrcuon of the United States.
which funds had been not apart for use and were be: as used and dis—
huraed for and by the state of Kentucky cndFloyd county. in large
cums and amounts, which said funds had been turned over and were in
the possession of aid defendants on a local relief committee for
F1 oyd County, Kentucky, to be used for the relief of the distressed
and uttering people in the county for the purpose of buying 910m ins,
food aid! provicionc for their living and support, in the following
way and manner, to-wit:
The acid defendants icon-d and caused to be issued orders to
merchant: in aid gaunt: to apply provisions in certain unmat- to
ver- and can ry person. when none: are unknown t the Grand Jury,
alleged to be of the clan that needed such funds ond provision. to
a stain life and hclath. and thereupon failing no refusing to dd chr
the can order. to such persons and making requisition however, for
funds based upon such order. having been clued and delivered and ,
taken up by. such merchants, when in truth and fut any of such per-
sons did not receive acid order. nor the amount or provicbonc called
therefor, but under the direction and upcrvicion of and defendants,
the uncouth represented by such relief order. were either appropriat-
ed to the use of the degendantc or none other pox-con unknown b the v
Grand Jury. ,
, § , (

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‘7»:

The eeid defendente eeueed eaid tunde to be paid out to'varioue f
end divere indtriduale for work and labor upon the Abbott Heights
Golf Genree which 1e not e public enterprise, nor authorized to
be conetructed under the rules and regulatione or the Federal Relief \
Act of Gangrene; \

The eeid defendants authorized and paid out for labor upon \
lie privete residence or Jim auburn. at Cliff, Ky.;

The eaid defendente autzcriued and paid out eeid funds tor fiber 5
upon a private road from hie reeidenee to hie barn;

The said defendants euthorized and paid out eeid runde {are ;
private eide walk in front or the residence of w.w. Willieme, deed. '-
ror the epeoiel benefit of one of the defendente, Jim Hatcher.

The eaid defendente authorized and paid out or eeid tunde
loose encunte thereof for labor noon the private garage belonging
to one of the defendente, A.c. Carter. ,

II .

To do the acts above mentioned the dependent formed and entered
into a criminal conepirecy e» to do, the said Omittr-e made up (1‘ the
defendants were hand-picked from a certain political faction
known no the Stumho sens, end eppointed by the Governor of Ventucky,
to administer eeid relief funde in Floyd County. and while eeid can-
spiree; existed. pursuant thereto and in furtherance thereof. one or
more as acid defendants actually did the work of mine plying, mie-
enprogrieting lcening. converting. concealing, using and otherwiee
Irongfully and trueudulently diepoeing of such money and runde. and
the other co-defendente were then end there present. had knowledge
thereof and ecqaieeced therein, aided. eeeieted, rsouneelled, advieed,
and encouraged the othere in the doing thereof.

contrary to the form of the etetutes in such oaeee made and
prOVided and against the peace and dignity of the Commonwealth
of Kentucky ,

0.6. Hell
amoneealth Attorney
Slot Judicial of Ky.
‘\ ‘ :

 u .
m; CODMJMSAL‘IH OF KENNCKY
new cmcuz'r comm '
APRIL Tami, 1934 ‘
T5132 anarchism '1"! ’.‘:F K'si‘WCx'CY ‘
AGAI N S}? I mu GTE? FEST ‘
.\ .
5760‘ 37HS‘ED3‘JIL 2h 1311.3

The Grand Jury of the county of Floyd 1n the name
and by the authority oflthe Monwuith of Kentucky ecouce 4
Wendell Nicholle of the Wainsmging
m5 blio record. omitted in manner and {on an tollovc, to-w t:

The acid Wendell Nicholle in the acid County at Floyd,
on the 23 day or April, 1934, end within twelve month: before the ‘
finding or this indictment, did unlgrtuny Ihiie acting in the ,
capacity or Disbursing Officer in charge of the records at the
Floyd County Relief organization, mnflulll, unlawfully end felon,
iouelz mutilated, defaced, stole or destroyed race a or said

0: County Relief organization for the purpose of unlawfully tith-

hoMing acid record. from the investigation or the Grand Jury ct
Floyd con ty, Kentucky and cur-procaine a grand Jury investigation
of the activities or laid Relief Organization, and which said
records were and ere public recordc 531' this Gmonweelth.

Contrary to the form or the etetute in such cue: ‘-
mede and provided. and against the peace and dignity of the
Commonwealth of Kentucky.

0.6.H811
a7 ,, damnuuth'c Attorney
,flz‘ who,” J fiat-67, ,, Slat. Judicial nun-1o d’ Ky.
% ’46ng ’Wm..-ne1’ie~f57 /7 Floyd Circuit Court
51:4,!“ 5 ”flwwxs—é’é 4w~ Mama,
{ah-W7 :1—/‘°gr=‘"*‘ '
(I

 me cosmonwmrs OF KENTUCKY '
Floyd Circuit Court. April Term. 1934
T85 commemm or isms“;
)
Against g Indictment
Wendell, Nicholls

the Grand Jury of ”Mommy of ncyd in the one
end 3 the minority of the Commitment): of Kentucky. accuse
mad 1 Nicholls or the offense of Destroying; sud moulding
public records coalition—n «runner and tones follows. tic-wit:

The said Wendell His halls in the ssid County of noy:
on the 83 dsy of Qril, 195‘ and within twelve months before '
the findings of th s indicinmt, did unlawfully while acting in
the cspccity ct Disbursing Officer in charge or the records at the
Floyd County Relic: orsmizstionm wrongfully. unlccfully. end fol-
oniously mutilate. dci’scs, stole or dcetray records of said Floyd
County Relief Organisstion for the g rposc of unlawfully Inh-
holdine said recorls from the ism issticn or the Grand Jury of
llcyd county, Kentucky, and suppressing a grand Jury investigation
of the sctivities or said Relief organization, and which said
records were and src public records of this Gomonseslth,

Contrary to the for: or the statute in such cases :
node 81‘ provided, and s gains: the poses and dignity of the
Omanmlth of Kentucky.

0.6. Hell .
cemennslth's Attorney
31st. Judicial District

2

 Tris: cams: 'm r when.
Floyd Circuit Cam-t.
r13; ems m... ’1'}? —" ; 5%ch 3
Against ) 22:91:11”: '53:?

Marion Nicholle )

The Grand Jury of the Count: at Floyd 1:: the name
and by the authority of the cmnwult of entuoky. mouse
gamma Motion: of tneWmummW .
public records. 061921” a manner and term at {0110's, o-Itt:

The said Wendell mum» in the can! scanty or
Floyd, on in as day of April 1934, and umm twelve mth.
before the finding at this inhuman did unlawfully mu-
acting in thespian}! of Disbursing virtue:- in charge 0: tr-
records as!” the Floyd County Hello! summation, "0115111117. un-
lurully and fabulously mum». defaced, stole or duh-eyed
moral or “annoys County Relief Insulation for the purpose
at unlwtullyfllflhholdlng said records from the investigation
at the Grand Jury of nose County, éiantucky. and apps-sums a
grand Jury inventigauon Jr the activities or said R0115: imam-
1ut10n. and which can! records were aw! are public record. of
this communal”:-
0mtrary to the term of the statute in such «um and. and provided.
end against the peace and «any of we Communal“ of kmmeky.

9. C. hall r
Manuela: '3 Attorney.
31» Circuit Court Man-1M of Kentucky

 m ammonium: a? rmn,
Floyd Circuit Cows. ,
' Art 11 Tom, 195‘.
m comm mm o? :«mwm ’
Amount momma!”
London Ni