St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-08-26
SALTWATER NEWS.
Hayden Bound Over on the Charge of
EmbeZzlement.
sudden Death Washington County
Fair otes.

sudden Death--w Washington County
Fair Notes.
The Hayden cmbezzlement case was con-
tinued yesterday morning at $40 and Mr..
Hayden held in the sum of 81, ZOO bonds.
MIR. Bronson, teller in the First National
I bank, was the only witness sworn. He
! testified that Hayden always presented
checks for which he received drafts ON st.
Paul and never received any currency that
he knew OF. There was no other testimony
to be taken, and Mr.. Marsh began his argu-
ment. He began by reading various author
tiles, and went on to show that the cOrpo-
ration was foreign one. that Hayden had
not embezzled and that the court has failed
to find fact to hold him. Could he be
indicted ami convicted for a shadow of
nothing? OF the twenty items he is charged
with, eleven were paid in checks. Each
and every one of them was deposited and
forwarded to st. Paul. There
is not q scintilla of evidence that
the company has lost a cent. If the case
was civil one the court could not under
any circumstances hold him guilty or III
dulge III the presumption that the company
is short. In this warrant. issued June 20.
l fail to find any allegation, and the court
cannot hold him. A full investigation will
show an error in bookkeeping. Have they
shown dollar that he has received that
mas not been turned over to the company?
The court cannot and ought not to convict
him. Can this court make embezzlement
out Of bad bookkeeping. Mr. Marsh began
at $3.50 and spoke till 1910, making SPLEEN
did effort.
Mir. Clapp, counsel for the company, fol-
lowed him in fine argument speaking
fllIN lOnT 10 SfotaI hot i
cause 10 believe the defendant guilty. He
did not deny that the SIS from the Car coul-
pany was not turned over and that Hayden
had taken the money. he took it and made
no account of it. When Collins examined
the books and discovered shortage he did
not deny 1t, ana signed the report show
ing over So, OO0 short. The day the dis
cOyeTy was made he drew a check for the
amount. In November he was 81, 600 short.
Any honest man on discovering this would
unhesitatingly say there must be mistake
and make an examination. The shortage
went on and increased from one month to
another. If lie has not had dollar of
money he ought to have been punished for
entering the shortage on the books Mr.
Hayden has since examined the company's
books and found no mistakes. On
May 5 he took the cash book and
collected S1O9O6 and took a check to
make up his cash he got OH that day to
make up for the money he had embezzled
and put the money in his pockets. The
minute he began to get short he failed to
report. Right then was the time to call
halt If he did not report then and there
that constituted a debt No matter whether
he or his men took it he is responsible His
cash book shows he balanced up each day.
There is abundant evidence that an otfenSe
has been committed. That he did things
with fraudulent intent there is no doubt.
For the purpose of retaining his position he
lied. He did not have the nerve to confess
his shortage and sent his wife to do it for
him.
At the conclusion of CIapp's argument
Marsh followed, after which there was a
free-fOr-all discussion between Marsh, Clapp
and Castle, all participating at one time.
AT 12:40 Judge Nethaway stated that he
believed an OffenSe had been committed
and would require the defendant to give
$1,000 bonds. He furnished bondsmen.