The Leavenworth weekly times., 1878-07-11

No. lGg7-J 6. Do1little. A. J. Croker and c.
A. BrItton, vs.. The AchIson, Topeka and
Sanua Re Railroad Campany-ETror from
Chase eCounJy-Afiirned.
BY THE CoUET. VALENTINE J..
1. Where "A County Treasurer dies while in
office, IL will be presumed, IN the absence OF
anything to the contrary, that everything be =
longingfO ms Office, including money, was
in The office at the Time oil hIs death; but
where his successor Ia Office, on taking pos
session Of the Office, finds that more than H.
Og belonging io the various funds of the Of
flee is missing and cannot b. accounted for,
such presumption IL efirctuaIly overthrow
and here, in addition Ia the foregoing fac.s,
IL appears that such bate treasurer received
certain money and failed To keep any ac-
count thereof in the records OF his Office, and
there is nothing ot any kind in the ofilce
received by him, II will be =. .esumed, in the
absence OF anything To- The contrary, that
said treasurer converted said money TO his
own use at the time ne ~ received lt.
2 And where, IN addition Ia the foregoing
facts the succs ssor in Office receives Il, 40 as
belonging to the Office, and as coming from
his predecessor, and does not know to what
fund or funds such money belongs but ap-
PORTIONS it 10 the various county, township
and school district funds, in which funds
there is still lett adefciency OF over Sll Go (;
He'd, That In the absence OF anything TO the
contrary, and AS against the sureties OF said
predecessor, who are sued on the official bond
of their principal for his defaults, II will
be presumed that said apportionment WIS
s.-Where a County Treasurer dies, the
money belonging 10 his office does not go to
his administrator but goes to his SUCCESSOR
in office; and In the absence OF any showing
that the administrator has meddled with
anything belonging TO the Office, II Will not
b. presumed that he has done So
4-The County Treasurer having died a de-
faulier as aforesaid, Hunt, his administrator,
pals 10 Howard, his successor In Office, s., 400
belonging To the office. which still left a de-
fciency OF over sll ,0UO not accounted for.
Howard not knowing 10 what fund or funds
ious county, township and school district
funds, and did not apportion any pant there
os To a certain condemnation" fund. OF
which he should have had charge. The sure
ties OF said deiaulfing treasurer were after
wards sued by the party entitled to said con
demnation" fund. Howard was placed on
the witness stand by the plaintiff and testi-
fled that he had never received any Of said
&c condemnation" money The defendents
then on cross-examination asked him what
anyshing Ing VAS d sad S Sy ,n PeIsrenee ra sSe
money. The plaintiff objected on the grounds
that the evidence, which The question called
for, was "incomPetent, irreiesanI ana iiniha'
teIal,- and the court sustained the objection
and excluded the evidence. He d, Error, but
under the circumstances Of this case the error
WAS immaterial.
Atrue copy. Attest: A. HAMMATr,
IL.sl Clerk Supreme Court.
4
Adams--Appeal from Franklin County,
Affirmed.
BY THE CouRr. BREWER, J.
l. Where the clerk fails to attach his sig
nature and seal to the jurat OF an aff1davit
pleads not guilty to the Information while 30
defective, Il is not error for the Court to per-
matt the Clerk before jury is called to per-
seal, ana this Notwithstanding the only evi-
dence that the County Attorney In fact
swore 20 the affidavit subscribed by him be-
fore the filing of the Information is the oral
such was the fact.
!, A change of venue in a criminal case on
habitants of the county against the defend.
ant can only be had when the existence of
such bias or prejudice Is shown 10 the satis-
faction of the court And where a large
number of afiidavits ana counter afiidavits
are offered, in which opinions are expressed
in 2, nv raj language pro and con upon the
question: the means of knowing the general
sentiment OF the community rs disclosed by
the several atlantis is an important factor in
determining the value OF their value OF their
testimony. And, He'd, That the amuavlts IN
this case do not disclose such bias or preju
dice rs entitled the defendant to change OF
venue.
Kansas, 49, and State VS.. Dickson, Kansas,
10s are sill authority on questions of confin-
uance In criminal cases, Tor thongh the rule
based has been repealed, In lieu thereof there
is an enactment Of the legislature OF The
name impor.
& While evidence OF the commission Of one
crime Is Incompetent on the trial Of y party
Tor another and distinct offense, merely for
the purpose Of inducing the jury Id believe
that defendant is guilty of the latter, because
he committed the former, Yet evidence which
tends directly TO show the defendant guilty
OF the crime charged Is no. rendered tncom-
peient because II also tends 10 prove him
guilty of another and entirely different Of
tense. And generally where there is evil
dence OF "A conspiracy TO comm { crime and
and In support and corroboratlon thereof,
show any act OF conduct Of the al eyed con-
kptrxtors intermediate the conspiracy and the
crime which apparently recognizes the ex.
cate preparation 10 commit the crime or pre-
serve It's fruits and that notwithstanding
such special act OF preparation was not the
one discussed or agreed upon by the conspira:
tors and Is rendered actually fruitleSs and
unavaiiinx by the unexpected interference
of fhird parties ana also involves the COM
mission Of another and distinct crime.
s. During the TRIAL the jury were sent un-
der charge OF an ofl1cer 70 view the place
where the crime was committed. Neither
the Judge, the Clerk. the attorneys, nor the
defendant acSompanied them. The record
does not show that defendant applied iol
leAve 10 aecompAny them, or made any Oh
1ection 10 their going. or presented THIS &C
uon I.,,, o, tne court q ground lor new unsi,.
Of coavictiou, Notwithstanding sectlon II
OF the oili of rights provides that ~in I'll
prosecutions the accused shall be allowed "a
appear and defend In person or BY counsel
and section 2G Of the code OF cfiminal pro.
cedurc that mo peeson indicted q tnDugSnnd
aeninst for . felony can be tsSod unIa0 = =
8ssj;:., ;..y e.s.sf @.. e shs :, 49,
xS-s.~ ~ fheir veH1kck o. -