The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1861-11-20

The Psspis ". John Mckinney.
The ,ri.l Of John Mckinney. late State Trea.
ursr Of Michigan, took place q, Mason the Pas
vs.k bsf,re Hon. Edsin Lawrence, Cl'cui'
Judge
Toe case vas called on the docket, Tuesday
Nov Is,h. Hon. Chas. Epson, Attorney Gen
sral, John ". Long, ear, Eco and S d Bing
h.m. Pros- Attorney, appearing in behalf OF ID,
People, and o. u. Barnes, Esq, and Wm. b
Ctspaau, q, in behalf Of the defendant.
The counsel for the defendant made a motion
for eoo,inua0ee until the next term, on account
a the s.sencs Of Sylvester Larned, Esq., IN.
former counsel Of Mckinney, in the examination
bsloes the Justice, Mckinney making sfhdavl'
that be wss his counsel, and al important vii.
nseA The court refused the continuance Oh III.
ground that is Wss the duty Of parties, whel
Assosnies hsd gone into the service OF the UNI
I'D states, 70 look up other counsel, as the,
could no longer be relied on, and the defendant
hs6 not shown by bis affidavit that due di.igeDc.
bad bssn used 70 procure the testimony Of Col.
La ned.
The Jury we're empannelled Tuesday evening,
and the prosecution opened their case Wedne.'
DAY morning. The information hIed, contained
sighs counts. The 6rst count alleged GENERALLY
that Nr. Mckinney received and emb.zzled e.
600 On the 4sh day of August. 1860. that beng
The day the arss draft given BY the Detroit anc
Nilsaukis taxes Of 1860 for the amount Of a
90 zen due. The next Eve counts charged hin
With smblexsing the same amounts, on the At
dsys Of September. October, November and De
esmbss, the si1.h count alleging the embezzle
msos 70 have taken place on the 18th day OF De-
esmbsr, the date Of the settlement OF tile Stat.
Board With ". Mckinney, as State Treasurer
The seventh csans charged in general terms th,
embrsslsmsnt Of a .VOO ON the 2sth day OF De
csabsr, that being the date the last draft given
By the Railroad company to the State Treasurer
fell due. TIE eight count alleged the embekle'
meat Of 2 100 on the slst day Of December
1890. be-. the last day OF AcKinney's officia
term.
By Mr.. Hunters testimony, i. was shown that
The specific TAX Of the Detroit and Milwauki,
00OW8y w. w AoVCp "oo bS'St P'o~SN eP~A
the books of the Treasury Office, As paid, and
sAas b never knew il was paid. He also swore
thas certain interest money to the amount OF
SEQ, sas placed to the credit Of Michigan In.
surancs Bank, while the amount vas not cha.
esd 70 Mckinney - State Treasurer. He aiso
ssssiaeA that the cash account vas short sbou,
t1.lOO.
By shs testimony Of Hon. Daniel L. Case, late
Auditor General, and Hon. n. G Isbel, late Sec
rsaary Of State, is vas shown that the statement
gwen IN By Mckinney, at their annual settlement
% the lssh day Of December, did not includ.
The Dsssvt end Aisaukie tax. Mr. Case iur.
shss sssd6ed, thas be had private conversation.
With Mckinney about this tax, and McKinne,
nd shas be had Is fixed, 20 that it would be re-
sli,sd b he State.
O. O. Tro~osidse. Esq.. Secretary Of D. l. N.
r Z o.. in 1880, testified, that by sgreemen;
between himself and Mckinney, these dra'ts
we're made out and sent to G. J. Brydges, Ro
os,vsr Of the Railway, 1t bis residence, Hsmil
too, Osusda Wess, and they we're accepted b,
NJ. Br,dgss, and forwarded by the America,
Express Go. 70 John Mckinney, St. Nichols.
Hossl. Ns~ York, agreeable to the direction.
lsls By Mckinney With Tro~bridge. He also
psodsosd the original letter Of Mckinney &C
kseslsdging receipt Of the drafts. and insisting
. The payment Of the expr So charges.
David B. Howell discount teller, and general
beok keeper Of the A,tizan's Bank, New Yo,A
eisy, tsssi6sd hat he Was sent for BY the cashie
d The Bank. in July 1860, and on going to h.
eAes. bsDd Nr. Mckinney there-that tn.
enshiss, In presence Of hr. Mckinney, handeo
hin he six drafts Of the D. 4 u. r R. Co. with
dirsesiees % credit them to the interest of tb.
essss debt. and they we're thus credited by him.
sna - they vess paid. cancelled coupons vor.
tervssd-d 70 Lansing, for the amounts of the
ssvsrsl d,afss.
Oshsr impostast testimony were introduced
By the prosecution, ard they rested Thursda,
morning. No testimony Vas introduced BY I'll.
dsSsnss. and the eass sent to the Jury. J. W.
LoaUsaf. Eco, opening on The part of the PEG.
PIE. followed By Aessra Chapman and Barnes
n The dsisadaas. the Attorney General closing
IN bshsf a The people.
H. arsunsass lasted through the day, and
sfssr n sbls charge Of some two hours in length
iron Jsdgs lawrence, the jury retired. After
sooss shssnes they brought in general yer
dies a Suilsy-hesding the defendant or all the
eoaaes o( the information.
The ds6sodans's council moved an arrest of
judgment, which vas denied BY the court,
and died . bill Of exceptions, which had been
evsrsIsd b the court 90 the trial.
The asin points taken are q follows:
Lee. Thai they were refused bill Of particu.
lass By the court
= rhss 70 pm q the Treasury books could
y hns6assd = evidence. a. there sas no par,
= ~ = - Aaad writing of Mckinney,
sh"sGh hsps b NJ direction.
"a. tbs he special statute, section s77l. vol
\ C'a. lava doe NOS include the State fr,e,-
s'ss. shosgh is dss The employees in the oesee.
lsh- That b ia5osnasioo i,self charges III.
osssy - have bsss enb.zzled from IN. s,.,.
1'sass-y, s"d shas ssdsr is, general embexzle-
ssss In New Yesk. o. else~here, could NO, be
proved
Toe sssss shwesd ,pea thess points to tn.
Jay: