The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-09-04
sPaLDiEG's PRELIMINARY.
II H. Had Before the Police Judge
Yesterday, Who Holds rEis Decision
Under Advancement.

The case OF the State of Kansas ~. Fred NJ.
Spalding, charged with embezZ ing money
belonging 10 tine city of LeavenwoTth while
officiating a. City Clerk OF said city, came up
for the preliminary examination in Police
Court yes erdsy morning, IN accordance with
the agreement for a continuance until that
time rom last Saturday morning. IL WIS ad-
mitted by the defense that the defendant was
the City Clerk at the time specified in tie
complaint.
Tw aIv. persous were examined for the pun
pose OF = ,ablishiug the fact that they had
paid mon-y, either To spa ding or Ia the
special policem an who was in the habit OF
collecting the licenses who IN turn paid il over
t. spaliInz, which amouuts IL alleged were
never accounted for by SpIIding- Those who
paid the money diIest To Spaldius testified
when asked tue question, that they paid the
moLey to spaldug asa city official, with the
understanding that he was tn. proper person
t. whom to make the pay ments.
Special Policeman Els told the way In
which the accounts of the money paid "
him to the City Clerk were kept. and his
book was introduced in evidence. Ex-
special Policeman LAUDER 80 testified in
the same regard, that the entries made upon
his book by the City Clerk were considered as
his receipts.
Mr. D-nnis. the new City Clerk, testified in
regard TO the amount OF dog tags which had
been issued In 1873. during spalding's term as
CLERK, being SIS. of which there were 10 tags
ior female dog; making the receipts there
for, At s. for male and s. for female dogs,
II OSj. The amount accounted for 10 the City
Treasurer was shown 10 be Sgj9.
IT.. ,....,, hong NJ the city WAS ipf-ndured
- -.
Vhlch sHoWtu 'u't' lie lAst "ala hSS " % iii""9
nv the late City Clerk in June, when there
- : n5 ,iu.. m. city and a p.ea;er amount
We
existed since mat 'lhie'
The City Treasurer, M. Mckee, was intro
dr.a,y tn sbo,y the amounts raid over nv the
u"N' ~
Clty UGH iof upS taxes ~ nm vi MS P'eHe
ceSSOr as shown by the books, and a dis
-,,,,.x. n, SIan E-as est hIiSg sg bey nnd Cues-
e''I'Ai'E Nv F" 80 -'
uon.
Mr.. Fenlou stated that the defense had no
testimony 10 offer, and ask Ell for the dis
charge of the prisoner because the crime OF
EN- be ZziemenI had not been fastened upoa
MIN. t1e knew II wou.d be hard Tor a Judge
% boldly face the public opinton, but he
thou. TT IL was the Judge : du4y 10 decide
according Ia the law regardless oi what the
public thought There hao oeeh no eNluence
10 snow Jne crime o. en- DeZLleueht. me
violence consisted In showing tue receipt oil
license and dog tax money by the Slefk,
:
all pad over. The question: was, Is inns EN-
bezZiemeuI? He claimed tnat no ordinance
ave the CIIy Clerk the power u coliect, nor
I'd any law give him tue power 10 receive
he>e monies In king lheh, nc pecauie
Simply The trustee OF the iaIties pa! ing tHein,
ana only private ITu~ls had oeen belr yea.
Ihe IaHS. and the ORDINANCES made IN con-
iDrmiiy thereto, say : that tue Gay treasurer
Ihe crS'odian oi All Tue cI'! ; lulds, anu
Ju8t he - tine proper person 10 receive ana
receipt Tor tneih. Inc ora nance ih a., re i
10 cJiiectln- uo5 TAX say mat - eHrii y pau
10 Jue cay iIeasUrsr; anu IL II hau
been pSIo u the Cliy C.eFk anu ne mas spent
the mOaty In drl8klng ana gam ne
Sb~ not suii'y OF en- beZLlt lh"iit, Out e'iip
| a beach of uust- There Was not even ,he
~quini al an authority int Tic IIeih 20 III tAe
| M ,ity TreaSur.r. couc-diug every Isct
MAJ ~ Wa va ''-,', To- a.. III ma
90 Gu NlI -; >, - ~. ia Nm no
peeh nv - ~ g :, -, ''7o ''-N
'r W, ,.'.,, o. ttr ,-osscu,fon nroceeied
-. -, ~ M, rIfy .iar err me.
| 1870. iS" - - 80 yrarI I,csps.S hsI
1 tlsnt W 80 $500 ~. 10, fsy orIIi
,i 10, -, crs,ii m cnntoTIniTy tn.r,-
i .lah