Clay County AlArchives News.....Reward offered. For the arrest of former Clay County Probate Judge  July 17, 1903
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Linda Ayres http://www.genrecords.net/emailregistry/vols/00031.html#0007674 January 18, 2023, 4:51 pm

The Weekly Advertiser July 17, 1903
M. W Whatley, former Judge of Probate of Clay County, officially charged with 
the despicable crime of robbing widows and Confederate soldiers, is a fugitive 
from Justice with a reward of $400 offered by the State of Alabama for his 
arrest.
In a report submitted to the Governor yesterday Assistant Examiner of Public 
Accounts George F Sedberry declares that the fugitive Probate Judge, taking 
advantage of his official position, systematically robbed the State on one hand 
and poor and helpless pensioners on the other. He has the report states, 
withheld from the State officials knowledge of the death of pensioners of Clay 
County, regularly collecting pensions for men who had been dead two or three 
years. 
A worse offense than that he is charged with in that he withheld the pension 
money of crippled Confederate soldiers and helpless widows. appropriating the 
money to his own use. 
He is charged with taking a total of $2,039.58 in pension frauds.  He is accused 
of resorting to forgery to accomplish his frauds. 
Several warrants have been sworn out against him in Clay County. In these 
warrants he is accused of embezzlement, forgery and other frauds. Whatley has 
been missing, more than three weeks. 
When Examiner Sedberry filed his report yesterday Governor Jelks immediately 
offered a reward of $4OO for his arrest and delivery to the sheriff of Clay 
County. Judge Whatley left his home two days before Examiner Sedberry reached 
Clay County to investigate his books. At the time he disappeared he sent his 
resignation to Governor Jelks. It was accepted and his successor was appointed. 
The Examiner's report is a damning arraignment of Whatley. The Examiner declares 
that Whatley's conduct of his office was so outrageously bad that he had 
difficulty in finding language to fittingly describe it. He charges the former 
Probate Judge with systematic robbery, wrongful, conversion and fragrant 
violation of the law. 
These frauds were committed upon the most helpless and deserving residents of 
the State. Alabama is able to pay pensions only to the needy. The Confederate 
soldier who draws a pension, must be indigent and in need. He must have no other 
source of income, before his name is placed upon the pension roll. The widow of 
a Confederate soldier must be in want before she can receive the slight 
assistance from the State. She must be utterly dependent. 
These are the people whom Judge Whatley is accused of cooly and systematically 
robbing. They are the helpless wards of the State, whose gratitude is shown them 
for their services and the services of their loved ones in the bloody times of 
the great war. These old soldiers and their widows receive but a pittance, 
usually $18.60 each year. And Judge Whatley is charged with stealing enough of 
these pittances to amount to more than 12,000. 
He is charged with purposely suppressing the death of pensioners and forging 
their names to the warrants. One of the pensioners of Clay County was a 
paralitlc, who wrote his name in tremulous lines. In the Treasurer's office they 
have a pension warrant intended for this old paralitic which, he never received, 
yet the warrant, bears his tremulous signature cunningly forged. 
The picture the report of the Examiner draws is a pathetic one.  It shows 
crippled old soldiers traveling many weary miles to the Probate office of Clay 
to collect the small pitance due them from the State. They are told., there that 
their warrants have not come. Again, the weary journey is made with its 
fruitless result. The old soldiers, the widows are told by the Probate Judge 
that their names must have been left off the list in some way. At that time the 
warrants have been paid and the money has been received by Judge Whatley.  
The Examiner's report is as follows: Office State Examiner of Public Accounts, 
Montgomery, Ala. 
July 6, 1903. Hon. William D. Jelks, Governor: 
Dear Sir in obedience to Instructions received from the Chief Executive office, 
I have examined the books, accounts and vouchers of M. W. Whatley, former Judge 
of Probate for Clay County, with special reference to the manner in which he has 
handled the pension warrants sent him by the State Auditor for delivery to the 
persons entitled to receive them, and in whose favor, they were drawn, and bg 
leave to submit the, following report. 
In making this Investigation I had to summon before me and examine many 
witnesses and in many instances take down in writing their sworn statements. The 
testimony of these witnesses reveals a state of affairs so Outrageously, bad, 
that I have difficulty in finding language to fitly describe it. Notwithstanding 
Judge Whatley's claim of having done more for the ex-Confederate soldier than 
any other man or set of men in Clay County, I find that for years past he has
not only systematically robbed many of them who are now living, whose names are 
on the pension rolls, of the money donated from the State but in many Instances 
he has actually stolen from the State the pension warrants sent out by the 
Auditor for persons supposed to be still living, but who had in fact been dead 
for months, and in many cases for years before some of the warrants, were 
issued. Judge Whatley having purposely failed to report to the Auditor the death 
of any pensioner occurring in his County, in order that these pension warrants 
might continue to come into his hands and be by him fraudulently endorsed and 
proceeds thereof converted to his own use. Such intentional wrongful conversion, 
such flagrant violation of the laws of the State, such systematic robbery cannot 
be too strongly condemned. 
I append hereto a statement showing names of pensioners who have failed to 
receive their warrants, the numbers and amounts of same, and the years for which 
such warrants were issued, which, in the aggregate amount to $2,039.58. This 
statement is marked. Exhibit A and is requested to be considered part of this 
report. To make this Investigation much time and labor have been required, 
which, I trust has not been in vain. 
The Sheriff, Mr. W. D. Mayo, was prompt in summoning witnesses, and the 
witnesses fairly prompt in attendance. Some of the witnesses did not appear at 
all, but I am assured It was because they lived in remote parts of the county 
and had no way of getting to the county seat; besides in a number of cases they 
were physically unable to attend, even if they had conveyance, therefore, I have 
no complaint to make of them. 
To Mr. R. W. Mellon, Clerk of the Circuit Court, I am indebted far valuable 
assistance rendered me in writing out in full the testimony of witnesses 
examined, which written testimony signed in my presence by the several witnesses 
Is also herewith submitted and asked to be considered a part of this report.  
All of which is respectfully submitted. G. F. Sedberry.
Assistant Examiner of Public Accounts. Sworn to and subscribed before me on 
this, the 15th. day of July 1903. 
J. T. Cook, Notary Public, Montgomery, Ala. 

A. B. Brooks $ 58.77 
Mrs. R. C. Catchings 37.50 
Mrs. D. A. Mitchell 58.77 
Mrs. Eunitha Vaughn 58.77 [DeVaughn]
Mrs. Louie Willingham 11.88 
Robert Stringfellow 18.90 
Mrs. Sarah A. Barnes 18.00 
J. A. Miller 11.88 
Mrs. M. E. Hollis 18.70 
Mrs. Elizabeth Daugherty 58.77 
J. C. Hicks 18.90 
A. J. Jordan 18.60 
Mrs. Louisa Clark 18.60 
Mrs. Jane Knight 18.90 
Mrs. Nancy E. Causey 37.50 
W. J. Shores 11.88 
Mrs. Maudy Woods 11.88 
A. A. Young 58.77 
J. B. Ray 58.77 
J. H. Jones 18.60 
N. F. McLeroy 70.65 
Mrs. Nancy Skipper 58.77 
J. D. Peacock 21.27 
John Dodd 11.88 
Mrs. M. S. Hughes 58.77 
I. P. Moore 37.60 
F. M. Powell 18.60 
J. P. Cargile 18.60 
Mrs. S. E. Sinclair 58.77 
A. B. Conner 89.25 
R. L. Duke 11.88 
Mrs. F. E. Green 18.60 
Mrs. S. T. Morris 37.50 
Mrs. J. E. Hobbs 70.60 
Mrs. Nancy E. Anderson 18.90 
William Bryant 52.05 
F. Cook 70.65 
W. A. Fetner 11.88 
John Grizell 11.83 
R. S. Gray 11.88 
Joel S. Hatton 11.88 
Mrs. S. A. Hubbard 11.88 
J. W. Howie 11.88 
Reuben Harris 11.88 
J. J. Harry 53.05 
G. L. Horn 11.88 
A. J. Ingram 11.88 
Mrs. M. A. McLane 11.88 
W. C. Laney 11.88 
Mrs. J. A. Hodge 18.90 
D. G. Bean 11.88 
Mrs. L. E. Bridges 18.90 
Hosea Cole 21.27
W. W. Bradbury 18.60 
J. W. Leson 16.80 
W. M. Phillips 37.50 
Mrs. J. F. Phillips 18.60 
Mrs. Susan Hanson 18.60 
Mrs. A. A. Gatung 18.60 
J. M. Smith 37.50 
Mrs. Susan Parsons 18.90 
Mrs. Caroline Robinson 18.90 
David Smith 18.90 
Mrs. S. A. Wilkins 11.90 
Mrs. Mary Whitehead 18.60 
Mrs. Milly Pruett 
T. C. Moon 
Mrs. Sarah Hawthorne 18.60
T. E. Brannon 11.88 
J. W. Meigs 11.88 
Tolan Motes 11.88 
Total due State pension fund.... $2,039.68 

Additional Comments:
Our Mountain Home Jul 1, 1903:
Assistant State Examiner Sed-berry was in Talladega for a few hoars Monday and 
informed the Home that it would require several weeks more time to complete the 
examination of the books of M. W. Whatley, Probate Judge of Clay County. Up to 
this time Examiner Sedberry has only investigated the Confederate Pension 
business handled by Judge Whatley and finds the Judge near three thousand 
dollars short Judge Whatley would receive the pensions and fail to deliver them 
to the proper parties, having them cashed at the banks in Talladega, Anniston, 
Oxford, Goodwater and Alexander City. Examiner Sedberry states that in a number 
of instances warrants had been received for parties who had been dead for 
several years, and that Judge Whatley would endorse them and draw the money. " ' 
We understand that Judge Whatley was last seen in Ashland Saturday, June 20, and 
that his whereabouts is unknown. Judge Whatley's bondsmen are Chas. M. Hobbs, E. 
A. Phillips, W. G. T. Hobbs, W. F. Irvin, J. H. Watts, Joshua Franklin and W. L. 
Black. The amount of the bond is five thousand dollars.

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