Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-01-14

shall speak more than once on an interlocutory
question, and then but fifteen minutes unless
with consent of the senate.
Rule twenty-seven fixes the form of oath for
witnesses.
BAD FOR RING.
A Decision Which Sends the Eek Treasurer
of Scott County to the Psn'tsntiary.
Below we give the syllabus Of de
cision of the supreme court in the case OF
"The state of Minnesota, respondent, VS..
John j. Ring, appellant" the effect of
which is to send defendant to the peni-
Tertiary for the term of two years and
six months.
Mr.. Ring was elected treasurer of Scott
county in the fall Of 1877, entering upon
the duties of his office the following
March. In 1879 he was reported to the
governor, by the public examiner, for IT.
regularitles, the report being made and
investigation just preceding the fall cleo
ton, at which he was a candi-
date for reelection, notwithstand-
ing the report, and the investigation or
dere d under it. Ring was reelected by
larger majority than the first time. In
the spring of 1880: however, he was re-
moved and Hermann Baumhager ap
pointed by the board of county commits
siouers to the vacancy Baumhager
qualified June Is following, and entered
upon the duties Of the office. The claim
was made that Ring was short some $685.,
600 in his accounts, the shortage in
larger part growing out of credits for
taxes. The demand being made upon
Ring to make good the shortage, he de-
clined to do 50. Thereupon he was in
dicted by the grand jury, and upon trial
in the district court was convicted and
sentenced to the penitentiary fer two
years and six months.
In March, 1881, the case was taken to
the supreme court, on an application for
new trial. The following April mo-
ton was made to strike from the calendar
and denied. At the last term Of court
the case was argued on its merits, and the
decision filed yesterday refuses the appli-
cation for new trial, and thus sends MIR.
Ring to the penitentiary.
Upon the filing Of the opinion, Attorney
General Hahn wired the sheriff of Scott
county of the nature of the decision, and
about noon word was received from that
official that Ring had been arrested.
The result of the trial will be generally
received with sincere regret by the
people of Scott county, as it is
universally conceded by all having
knowledge of the facts that Mr..
Ring is the victim of inexperience, too
great leniency, and dishonest assistance
and advice in the Office.
Mr.. Baumhager, his successor, only
held the Office few months, when he was
similarity removed for malfeasance.
Following is the syllabus Of the opinion
of the court giving reasons for refusing q
new trial:
SUPREME COURT-OCToBER TERM, 1881.
| The State of Minnesota, respondent, VS.. John
J. Ring, appellant.
Syllabus-In an indictment for embezzle-
ment by county treasurer, committed by a
refusal to deliver to his successor in office the
moneys in his hands, it is not necessary to set
| forth all of the steps by which such successor
became county treasurer. It is enough to al
| lege that he was duly appointed by the board
of county commissioners, duly qualified, and
thereby became the successor in Office of the
defendant, without alleging that vacancy
existed in the Office, by reason of which the
right to make such appointment existed. But,
if the indictment purports to set forth par
ticularly the means by which the appOintee
became county treasurer, and some event le-
gally necessary to that end is not averred, the
particular allegations modify and control the
general averment of the ultimate fact, and
such fact is not well pleaded.
The court may exclude from the jury one
who is shown to have an insufficient knowl-
edge of our language to enable him to intelli-
gently try the cause, although no challenge
was interposed for that reason.
1t is not necessary that an Indictment for
80 ~ rfh Uhaln
amount of money received by defendant, a part
of which is alleged to have been embeZzled.
Under an Indictment alleging the receipt of
gross sum, exceeding sum named, proof
may be made of the receipt of any amount, al
though it greatly exceed the sum thus named.
The semi-anuual official statement of moneys
in the county treasury, required by statute to
be made by county treasurers, and shown to
have been executed by the defendant Is compe-
tent evidence of the amount of money in his
hands, although the amount of money
therein expressed is only indicated by figures
without other index of denomination other
than the separating of the two right hand fig
ures in column from the others by perpen-
dicular line.
An appointment to public office originally
coupled with a condition that was never per-
formed becomes valid appointment when the
appointing power subsequently having author
ity to do so dispenses with the condition.
A county treasurer is, under the law, charge
able as with money, to the amount of all
taxes paid to him, although he may receive
payment in certain orders. The amounts SO
charged to him, and upon trial proved to have
been paid, are presumed prima facie to have
been received in money, and it is for defendant,
if he would overcome this presumption, to
present proof of the manner of payment.
The stub duplicates of tax receipts made by
county treasurer, as required by law, are
evidence of the receipt of the tax represented
thereby, although they have never been re-
turned by him to the auditor, as he is required
to do.
A person appointed in regular form to a
public office is presumed to have been eligible
to such Office, in the absence OF proof to the
contrary.
The improper request or refusal Of public
officer to deliver to his successor in office all
money remaining in his hands, upon demand
therefor, is, under the statute, embezzlement
per Sc of such moneys, although no particular
sum was demanded.
Judgment affirmed.
DICKINSON, j.
Female Swindlcr Arrested.
CHIcAGo, Jan. 1S-Mrs. Chas. De Forest,
wife of the man now on trial in Milwaukee for
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