The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1878-09-20
STATE VS.. ACKNOWLEDGEMENTS.
Verdict OF Guilty Rendered by the Jury.
We continue the report of Bancroft's
Testimony from Our first maze.

II w.
Verdict OF Guilty Rendered by the Jury.
We continue the report of Bancroft's
testimony from our first page:
Witness was asked whether at the time
he made the report to the board at Mer-
chants hotel, and stated that 1t was full
report, he had not sold an additional
quarter-section in Mitchell county. Said
he could not state positively from mem
DRY. Had never made any changes in
the report after its completion. Witness
/ was asked whethea he had or had not
received any money from the sale of
Normal school lands between the time
of making out and delivery Of plat re-
ports to DR. Wright and the statement
| to the board, March End, 1873, and, if SO,
how much, and on what land? Witness
said his answer would be entirely from
memory. His best recollection was that
the sale of January 18th, 1873, was the
last. Had no recollection of receiving
| other money; if he had it was covered by
an understanding with Mcdonald, with
whom he had correspondence, to make
good all money received from purchas-
ers as soon as it was determined to whom
| it legally belonged. Said he had no
knowledge of Crichton's going to exam
inc Saline Co. lands. Commenced max
| ing his report in December, 1877, and
made it as rapidly as he could from
memoranda. Determined to make it as
soon as he ascertained that he was to be
disappointed in the expectation of re-
ceiving money. Was asked what he did
| with money received since December,
1877. Said he kept it in his possession,
spent it during that time. Was asked
why, if his intention was good, he kept
| on issuing contracts and took money, at
ter time of beginning to make report in
December; why not retain the money
and pay it to the board with report
Said circumstances were such that he
could not. Thought he had issued but
one contract, Or. w. Lee, January 10Th,
1879 in regard to which Mcdonald and
he had correspondence. Didn't state to
Crichton that he had received letter
from Burke stating that Crichton was at
Salina. Was not engaged all the time
from December to February in making
up report. Made it as fast as he could.
Had something else to do. Some days
did not touch it at all. Couldn't make
such report in one or two days. (Wit-
ness made exhibit of how he kept rec
ord of land sales.) Didn't remember any
question by Crichton as to lands being
sold after the revocation of his agency
at half their value. On or about April
18th, 1877, paid DR.. Wright about So, 800.
At that time paid all he still had in his
possession; didn't mean to say that was
all he legally had in his possession.
| BancrOft's cross-examination was con-
Quoted by MIR. Crichton. After a few
questions to defendant as to his direct
examination of the day preceding, the
defense rested their case.
Counsel for prosecution recalled Prof.
Pomeroy. Testified that he had no rec
| objection of any conversation with Ban
croft during the years 1273-4-5 or 6, in
which Bancroft stated that he had sold
several or any piece of Normal school
land. Thought no such conversation
could have occurred without being i'm
pressed on his recollection, because ii
was his impression that the board were
not trying to, and could not, sell any
lands-and, second, he was very much
interested in the question whether or not
the lands could be sold. Had no recol-
| lection of any conversation with Ban.
croft except the one previously testified
to, in which Bancroft said he was not
selling any land. On crOss-examinatiOn
Mr.. POmerOy said he came here in De
cember, 1873. Then, and until the win
ter of 1875 thereafter, the Normal school
had appropriations from the legislature
| Had additional personal interest after the
session of 1875, but had an interest in the
matter all the time. Did not recOllect
informing Bancroft of his continuation
| as agent.
H. G. Cross was called. Did not rec.
Ollect any conversations with Mr.. Ban
croft in which he said he had sold any
land. Did recollect his once saying that
there might possibly be sales made, as
there was more inquiry. Had reported
to the board from time to time, ON Ban
crOft's statements, thatno lands had been
sold
J. II. Crichton testified that in the
conversation in Bancroft's office he had
been informed by Bancroft that he had
received letter from Major Burke, al
Salina, stating that he (Crichton,) was
there. After some discussion whether OF
not Bancroft's plat report was or was not
in evidence, the prosecution introduced
so much of it as referred to those tracts
for which they had no contracts or re
ceipts.
Court adjourned till afternoon, wher
the judge read his instructions to the
jury, as follows:
THE STATE OF KANSAS
| VS. INSTRUCTIONS