The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1890-12-23
THE STATE SUSTAINED.
Judge Edwards Holds That the
holland Indictments are
Properly Drawn.

Jefferson Clty NO., Dec. lo.-Ihe
Gle county Circuit Court wine ssed
a lively legal contest yesterday BE-
tween the attorneys for the state
and the defense in the embezzlement
charges against ex-Slate Treasurer
Ed L. holland, and the state scored
an important victory. Al 9 o'clock
Judge Edwards convened court.
Yesterday the defense had filed mot on
to guash the two Indictnen for en-
bezzlement. No time was wasted in
taking up the motion, as both
sides announced that they were
ready. w. 5. Pope and Charles
L. sNola ID appear for
the defense. They attacked the
indictments from mtny p 'lnts, bat
chiefly because they were under sec
ton 800 of the revised statutes, when
they should have been drawn under
section S672 Mr.. Pope made the
first speech AID confined himself to
this feature of the indictments alone.
Mr.. holland also devoted C nsider.b e
time to the same point, but supported
the motions from other charges made
In the demurrer. He cited vas
number of authorities and argued with
a vigor quite commend ,be of the i'm
portant case in which ne is interested
as attorney. For the State, Attorney
General j. n. Wood aud Joseph K.
Edwards defended the indictments.
Both argued that thoy uoTo droro
strictly In accordance with law, and
they referred the Court to numerous
authorities to offset the pleadings of
the defense. 1t was a little past
noon, when arguments were con-
cluded, and Judge Edwards ordered
a recess until 2 o'clock. Half an
hour before the hour for assembling
court had arrived the front seats were
well filled. The ex-treasurer and
his attorneys occupied a table near
the Judges bench. and awaited the
decision with no little anxiety.
At 2 o'clock sharp the sheriff
raped for order and Judge Edwards
proceeded to announce his ruling
lie said that he was not travelling
over new ground in the consideration
of laws affecting the state treasurer
and his duties, having been a member
of the legislature in 1S49 and being
the author of the first law to make
the embezzlement Of pubic funds
criminal otense. Prior to this date,
the judge explained, such officials
were not liable to indictment and
criminal prosecution, but their of
lenses were considered in law as
breaches of trust. Continuing TO dis
cuss early legislation. Judge Edwards
said that between 1915 and 1850 a
state treasurer defaulted heavily, and
being one of his bondsmen, he was
forced to bel lip make up the deficit at
time when he could i'll afford to do so.
The original law and subsequen, acts
making such officials crimina ly liable
has been placed upon the statute
books TO hold officials to a strict &C
countability, and the present law is
intended to reach every supposable
case. "The statutes have grown with
time and experience" he said. The
section of the statutes under which
the indictments were drawn (section
355) the Court believed covered all
the ground, and that the section under
which the defense claimed the indict-
ments should have been drawn (section
6S52) provides for different offenses
than embezzlement, viz: loaning
money contrary to law, ETC., and that
il does not repeal the general law.
tI have no doubt" said the Judge,
'that the indictments are well taken.
The objections were ingeniously pre-
sented, but they are more technical
than otherwise. The legislature plainly
aimed to prevent the escape of offend
ers. Many defects have been RENE
died by the legislature and the courts.
The motions to dismiss are not well
taken and are overruled."
At the suggestion of Mr.. Pope, the
plea of not guilty was withdrawn and
re-entered in order to fill up some