The Cape Girardeau Democrat. (Cape Girardeau, Mo.) 1876-1909, 1891-07-18

hank. -. LOUIS. WAS tii. next WiTurS. *
imincI. from liz" blik h"'.h. h" sii"w"'
tia there wei" ii-crr.rHuc;s- Lr,I" u tI'
HI.Unri> ~ "'Iit5T T'ircF= r~h"i'fC'' t. A.
L.r!iN "i ~" -t.tt' : s-'.t - Tr-.~'"t lH'I th'
ars"i::.t ;iiat He bank pAtl tHt on ti!">'
checks The di-crrI enci-~ were - follows
No. crrcr ,rr i.T hao, b E'%s
Il: 600. SI = 81 u
Ir.-.-----.. .--- -....-%" entity -" :
- ..-..- . to - o
49,. .--.. .-.--. 90 ~ S!.sri o.
- .-.--. ---.... 40 81
So :,
> .. ..-.-.....----.. 10 l.lJI ~
Al,". eve rIr. L ror -. 81 wi,i"h There l.
- E"r',-ri "a. the trutSGi. h"s.., In"siI" 4
o' "ai"I iN"t. : So record "T' Ia" stItr'-
book. = liz Drum r!I'cI." s.iiu irt! I" risr'
wi-"r"- T." total di-Cr-.ar"y h"twc"r III
Il INKS rr'i t "n "ilcck~ aad iir :':noun; ci
m.rn"y p ~ Gus ~I~ si'.2'!'r -
- ~ al. "a Ttii'.rli hank 'SIHa-
mr. and 4 ru'm"Cr 81 tn" commit - Ip-
p%ain;"I y Gy- Frames {" ~ i:H'nc tn"
tr. a-Urv j y r mCni. ~ttt u tli1t the CON
miit, t-U"'I y d"fricucy of Sis in the
c5>h n the safe. Tn-r.. should Lay been
s2'.i..-l1. III" committee checked The hCoS~
AID papers f"uuI il tie uflirC. compared
them with TIA" bank statements. and iuui
Discrepancies - f" inW- IN The ~arcu:rt-
with the hHuA- Union Dat'nuJl han~ "i
| kiU-I~ tits. :. fn>.TH. Fj'st LIS. iurtl bHlS 4
kan-a. 'tr". si'sd- tr,' national "anH "i
7 ~ t'fl ~fN ' = go. EIt'' l#lHf = ~ Es+ll~-s'
lily. - Ir5.s Frarkiu hLuE of It LOUIS,
:S.2tn - flies. III, art-. With IT, s~!,rriI:,
u. IL" 60 II.tl" the total d'ii'ir.."y SCOT
nj -. 5t.'' M wt,n"S< then gave
| in d.talI writ tlt. committee I'm" trt!," I
III = turth. = im.riItiuu RI tie a".
! c1;iTt' " TT ~" hIak-- to Il VITO fIu;.H
"h'rE had h''h "%ht"r"'l on tn ire. say reg
t~I"r -riI-r"l aud collected Tor larger a:nuuniS
frrm the banks hnI lin" = AZ" lrpnSii>. >r--
r!;i cr"ra~ Wy" found t.iir AID never been
entered on tn" r"i~UTrr'S books.
hn.aai -. on VT held, Al which nothing
al mp ,rttmc" VT, hrcn ut cut.
july 10.
VI. \ Tanning. VIII WIS private secretary
t. Guv. Francis at IT." time of I'll" discovery
of th. .ihiclt IN, Wa III" i!r-t witness an
:hc II nj. u e i"-tiInry WIS merely 90 -
tal.l:- ii the report "i ~" "Aauin NJ commit
tee. After snmr mprc minor testimony the
state rested.
- rI:i uSLHEt ITr.
hen Il" ~tr:" r 81. VIZ i'a:.'. It caun-
sci for TIE I"rr =" offered a Il mur.rr to-
TIE evidence u.on the gr.ur.I that
it was not ssili .i'Ht 10 authorize
a coGY'c.oT TIr il rnI=rar WIS
uT"rrIl"d. Tn" iTry W. ~Eithlriwn
w!ii!r the attorneys for the d"f"i~ =" argued
L. e adh.--hliH al ~r-t.monN toy. John
~su took IL" . Duul thfI The Cpru;uItirr APP
pointed ~ NAH" settlement with Mr.. N"lauh
". s. not legally appointed, aud tie dc'"n>c
wanted to ruN" il !; this committee WAS
Illegal then :Ar demand for Il : tlrm"nf W.,
Illegal. lie claimed That The crime of cInlrZ-
Z'rImrut had mt h""u full, established III
THIS 'a-" Under til" law, - lac construed
Il. Nr holland all not have made
settlement V I'll tai committee. ana tHe
nHly Les Il I tlcm.nt iAIf could T." made
With NJ. NplElt! was lay the !"gi-lItiN.. rnin-
~Il:I.cr. ~ tIr other step taken " re not
a--rrdiu. to Lao toy. Johnson further
argued that Mr.. N"llnd had. in good ith,
ATTEMPTED To- make Il settlement. and would
have don" - # = l'.tl!v constituted com
mittcr had been appointed H.. md show -
his intent tn 'n 80. 4 the deems. N.ltcd {"
prov" thgt iTct. judge I;:r.o.s ruled that
al such "vii"ur" would be exc ulr'!. In"
jury Vs. then b'o1gHt IN and testimony ."r
the d'irI-" WIS cruIIn"UtcL
i,nREaT UEIM FESTIVITIES.
E"h'I; Drum. treasurer of E"IIin."r c"un-
~. WIS the first witness called IT, ;"-tifi"d
that lie hid received IN settlement VI TIA his
predecessor. SIR. kindr". a dTar dawn Iy
J. VI >c.hcrt stat" treasurer. in September.
-. THIS draft WIS carried over - casa.
bui when prcS"Itrl to- the Iank Of Com
mere. N II. Lou. he was informed that
tu's~ Aa> mot enough money to the credit
uf the state To- pay the DRAFT. lie wrote t.
Sir. >%ciucrt, and later received a letter from
Mr >c.hcrt. then state auditor, inc!"-Inc \
- .,c ,rcasur, rs check for tine proper
.mnunt. The check was drawn on the
Franklin bank Of II. Louis.
AUDITOR EIBER
james VI. Sriir;t, benz recalled by the
defense. testified - follows Il am state
aud for. was state treasurer IurIn. TIL:
Tour years pIi.r to IsNi I havs seen this
cheek before. Dur nE the time ] was treas
urcr, on November !. 1919. MT. N"lTnd. who
bank uf C"umcrcc. 1t Louis. which was the
stat" depository at that iim'. for
i~.I"i.iI. that being til" amount of
school money du. B0liin-er county,
a. app Ortioncl by the state ~npprin-
~t"rl"ni for til IT wear. II was drawn in favor
of W. J.. Kinder. treasurer. H. held the draft
until lac went out -; "fli E" and turned It over
to NJ. Drum. his successor. IT, that much
money. vi. Drum held the draft unit | seq
tcu!lCr. I>~h when il WIS presented for
payment the amount ~ TIL bank of t"il-
Mere. To my credit lacked : 2S3 Of being
sufficient Ia pay Il received a letter from
Mr.. Drum calling my attention to this fact.
was very much surprised at this.
When turned "Ect tn" office ! was
my crrdt in tar bank g. pIy all out=tand-
in. drafts. went in to 80" Nr. holland and
said I'd. how - this: Here is Il letter |
don't understand. lie sad IL might have
counts. rs the bank was also his depository
during u norton al 1.-THE time. Ny first intcn-
tiun was tu send or take Si2S in cash down
&" tic bank AMI meet the draft. but lav ing
an important en- ,ageIncnt the EcNt day / did
not 10 So. Mr.. Nu!auh then drew his draft
in favor uf Mr.. Drum icr the fuI! amount or
the Franklin bank. ave him my check on
the bank of Commerce for the hilnucc re-
maing to my credit there and ssa2 3 in cash
out of my own pocket Ia make up the iull
amount uf tn" Il ;ndcr check
Mr.. SELLER; then read his letter to Mr.. Drum
concerning the matter, aud tr ,nsmitting the
holland draft on the Franklin bank.
VI II B~Ei3BrRT.
Mr. 7. VI. Erad!Lury testified that Mr.. No
land hId frequently signed checks in blank
sometimes a. many H. l1 or NOR" when he
TO he away. Mr.. Wilkrr-ou some |
times signed Mr.. NOland's am to cheeks.
Once some checks signed in blank were lost.
He VA. IN II InuIs nj the tIIp- and " lru its
Nj. holland anl Mr. WiIker-on
seemed to- he greatly exercised over the loss
the checks.
Nr HammcI Of the Franklin bank. was put
the stIad. but his testimony was mcrcl:
- show that the Drum check hal been paid
b. his bank.
This closed The case so far a the testimony
was concerned. The witnesses were DIS
ged, and Judge Burgess announced n
recess until l /. III to give the attorneys
time TO prepare their Instructions.
TIE INSTRUCTIONS X iD-
The attorneys for both the state and de-
were ready with their in-tructinns
when court reconvcncd at 40 n M The
Instructions were read 10 fhr jury. The ar
gunent then commenced.
Hon. Joseph Il. Edwards. OF Jefferson City, |
the first to speak for the state. His cf-
fort occupied exactly Gne hour. and was a
plain. comprehensive. concise review of the |
He said that the state had proven
Mr.. holland was guilty OF "mbeZzIen.nt
~ charged in the indictments under wbch
he had been tried, and it was the duty of
til S jary to return a verdict of guilty.
". :. Pope opened for the defense and
made 4 good speech. His argument was on
the line that unless holland converted the
money " til intent to keep the same for his !
own ne, the iary could not convict. Tie
state had not proven that he had converted
The money TO his own use. He
sail that he beloved himself tina I'd
Solard did not administer the al! iirs
.f ffss STATE ire Rgl,1v rs. -;lRV slnut1 have 4
administer I'd. lie believed that he |
Y as guilty of NEGLECT or Of i~gnorance. but he |