St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-08-25
SALTWATER NEWS.
Evidence in the Hayden EmbezzIe-
ment Case Nearly all Taken.
The Washington County Fair--Pre-
miums Ohered--GeneraI News.


! The case of II. E. Hayden. charged with
ENLIGHTENMENT, by the Chicago, st. Paul.
Minneapolis IL Omaha road, was opened
before Judge Netheway in the municipal
court yesterday. Mr.. Hayden. it will be
remembered, was employed by the COM
pany Is agent al this point, and is charged
with having embeZZled the sum OF sos. so.
The case is familiar to the readers of the
| GLOBE. Attorneys Clapp and J. Y. Castle
appeared for the plaintiff, and Fayette
Marsh for the defendant.
| The case began at 10 4. m, Marsh de-
mandinga bill of particulars from the plain
| tin, the amount claimed 10 have been stolen.
etc, whereupOn Castle produced the fol-
lowing amounts with their dates: On May
| 5, 6, Z, 10, IL, u. IL. 20. %, and June 1,
and 4, twenty different sums ranging from
S25.S4 to S7S.6s and amounting to ST.
| %, paid TO Hayden by the Florence Mill
company, Sauntey 81 TOzer, W. IL. Monsel
and the Car company. Castle stated that
the above were all he had with him.
Thomas J. Hindman, assistant auditor of
| the road, was the first witness sworn, and
testified as to the duties of Hayden while
agent. saying that he was authorized to col
| lect bills, enter collections ON Il cash book
4 remit every day, and was allowed 10 pro-
vide himself with certain sums to make
change. He then produced several reports
/ of Hayden's where the sums insufficient
were reported mcOllected. Marsh admit
| ted that the bills had been reported uncol-
lected. and went on TO state he would show
that the corporation was foreign one, had
violated laws passed by the legislature, and.
having done certain things contrary To the
| laws, the state ceased to recognize them rs
] rfr 10 IL
business here. Therefore, there can be no
ENLIGHTENMENT under the law of Minnesota.
and the road has no remedy here to keep
one from stealing. They could show that
every cent collected had been sent 10 St.
Paul
W. ii. MOnsel testified that in May he
received two horses, the freight on which
was SS1.50, and that ne gave young man
in the Office two $50 gold pieces and re-
ceived the change.
Dan Hawkins, a clerk in the office, testi-
fed that he recollected the money paid by
Monsel. Often collected and turned all
over to Mr. Hayden. He swore to having
turned over money from the Car company
May 10.
Daniel Collins, travelling auditor. testified
to having discovered 81, 57S. so in bills col
lected and not RENTED. He said that
Hayden said he knew he had collected the
bills, and that he need not 90 10 the ship
pers.
Mike Johnson. cashier for the Florence
mills, testified to having checks and bills
paid to Hayden, giving 1929 as the num-
Der of one ear.
II. J. McKusick, cashier for Sauntey & |
TOzer, testified TO having given checks, and |
what they We're for.
Mr.. Chase testified 10 having worked I'M
der Mr.. Hayden while agent, entering |
bills. and as to his handwriting
Receiver Brown, of the Car company,
testified that he thought the books would |
show checks and money paid Hayden. |
which he promised to have their cashier |
produce.
MARSH MOVED To DISMISS
the case on the grounds that il had not been |
proven what amount, or that any amount, |
had been stolen by Mr.. HAYDEN from anv |
person or corporation. Further that the |
state has failed to show that he used as an |
officer any sum of money, that the state has |
failed to show that the company is. or ever |
has been, n corporation lawfully entitled TO |
hold any property, money or effects in Min |
neSOta; that the state has failed to show |
any money taken by the defendant that |
has not been accounted for.
j. II. Harper, exchange and correspond |
ing clerk in the First National bank, teSti- |
fed TO Mr.. Hayden having often applied for |
drafts as ii. L. Hayden. agent, of his often /
presenting checks, but remembered of hay
ing paid him no currency.
Mr.. Hayden was sworn at 4:25 and kept /
on the stand till after 5 o'clock. He said |
that he Endorsed each and all the checks. |
drew no currency at the First National |
bank, received no money directly or indi-
rectly out Of them, that all collateral went !
To 4l,o. ~ fha -,
Saltwater. He always disposed of the |
checks at the First National bank: never |
received for his own use or embezZled any |
money received from Receiver Brown This !
attention having been called TO eight sums |
received from the Car company. As for |
Mr.. MOnsel. those two $40 gold pieces
went in with the other money and checks |
RENTED TO st. Paul that night. Whatever |
currency was received June 10 went into |
the remittance of that day or the next; |
never embeZZlecrSr converted TO his own |
use one single penny belonging to the 0ma-
he company. These several bills were re-
turned uneollectable. OWhen the trial bal /
ance was made up, particularly i'm NOvem-
Der. these were carried as uncollectable TO |
avoid writing short on the back. 1
and because he knew they would /
eventually be collected. He did not /
want 10 write short on the back. know
ing trouble would ensue. He expected that /
all the bills would be collected and every
thing would soon be all right In NOvem-
Der the shortage amounted to So. $50. (his |
attention having been called and in De |
cember S2,S70. Knowing there could not /
be so much uncOllected ne became alarmed |
and sent his wife 10 St. Paul TO notify Mr. /
Winter of the company. Still he believed |
there was an error IN the books, but could /
not look it up with the help he had. The /
afternoon of the day Mrs. Hayden went to /
ST. Paul the shortage was discovered by Mr.. |
Collins; now believes the cause is an error
in bookkeeping. Unless they went TO each |
party they could not tell how much of the /
IS, $3.50 short in June had been collected. |
Mr.. Hayden appeared to be positive in |
every assertion he made and was evidently
telling the truth.
MORE EVIDENCE.
Mr.. Bronson, cashier of the First Ma
tiOnal bank, testified to having known of !
no currency or drafts drawn by Mr.. Hay
den.
Mr.. Hindman was again sworn and was
the last examined. He simply explained |
the books, re-explained Mr.. Hayden's
Na~