Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1891-05-21

| due BoIlinger county. The draft was not
| presented during his term of office as treas
| urer. I'm september, 1889, he received Mr.
| Drums letter stating that the draft had been
| presented at the Bank of Commerce, and
! there was not enough money in the bank to
pay the same. He took the check and the
| letter to Mr.. holland, then state treas
| urer, and expressed surprise that the
| draft had not been paid, and that
| there was not sufficient money in the
Bank of Commerce to pay it, as there
should have been enough there to meet all
| outstanding drafts issued by him, waen
| treasurer. Mr.. holland seemed surprised.
| and said he would investigate the matter.
Mr.. Seibert proposed to take the difference
| between the balance in the bank and the
| draft, and go down to ST. Louis and straight
| en- the matter up, but holland said he would
draw his check state treasurer on the
| Franklin bank for the full amount of the
| draft This was done, and the new draft he
| forwarded to Mr.. Drum. Mr. Seibert then
| gave Mr.. holland check, as ex-state treas
| urer for the balance of money remaining IN
| the Bank of Commerce of st. Louis to the
| credit of James NJ. Sebert as state treasurer.
| On cross examination Mr.. Seibert said
| that he had conversation in March, 1880,
| just prior to the suspension of Mr. Noland
| as state treasurer, in regard to the shortage.
| "Charley holland came to my Office said
| Mr.. Seibert, land told me that he wanted me
| to go over to his room and talk to Ed. He
| said Ed was short in his accounts with the
| state. 1 went over to the Madison and had
| a conversation with Mr.. holland. l asked
| him the amount of the shortage. and he told
| me that it might be S25, coo 900 or $780,
| 000 He could not give the exact amount"
| Mr.. Seibert stated further that when he
| went out of Office and made settlement with
| his successor. Mr.. holland, there was SO
| much money in the vault, and enough in the
| Bank of Commerce to pay all outstanding
| drafts drawn by him as state treasurer.
| T. NJ. Bradbury testified that Mr.. holland
| frequently signed checks in blank. This
| was done for the purpose of facilitating
| business during the treasurer's absence
Some of these checks were lost, but the wit
| ness could not recall the exact time. Either
| Mr.. holland or Wilkerson had called his at
| tention to the matter. If anyone had at
! tempted to use the blank checks they could
readily have been identified by their num-
| bers.
| Stanly Hobbs, of Kansas City, was put on
| the stand, and testified that he had never
heard anything derogatory to Ed Nolands
| character during the thirty years he had
| known him until the present charge was
| brought against him.
| Mr.. p. T. Miller established the correct
ness of the returns made by the National
| bank of commerce, New York, the states ifs
| cal agent.
| Mr.. Chas Parsons, of the investigating
| committee, and Mr.. Hammett, assistant
| cashier of the Franklin bank, were called to
| the stand to testify in regard to the check
| drawn by Mr.. holland to pay the Drum draft.
| Mr.. Hammett said the draft was covered by
| a remittance from Mr.. holland.
| At this point Gov. johnson announced that
| the defense through Introducing testi-
| mony.
The state recalled Messrs. T. f. Neal. vice
| president of the Union national bank of
| Kansas City, Mr.. Adams, of the Kansas City
state bank, and both stated their banks had
not received the balance OF So, 1892 held in
| the Bank of Commerce of st. Louis to the
credit of ex State Treasurer Seibert, and
| transferred by him to Treasurer holland
when the latter handed him draft covering
the full amount of the Drum check.
This was all the testimony, and the wit
| nesses were discharged Judge Burgess
| consulted with the attorneys for both sides
a few moments for the purpose of ascertain
ing the length of time they desired to pre-
pare Instructions, and at $3.50 adjourned
court until 7 p The defense was not
ready with their instructions, and at 30 sent
word to Judge Burgess to that effect, and
court was adjourned until a. IN. of the 9th.
Fourth Day.
The attorneys for the state and defense
were ready to submit instructions when
court convened. The instructions were
somewhat lengthy and elaborate. Among
| the instructions for the state was the fol-
| lowing paragraph:
| The court instructs the jury that the law
| presumes that every man intends the natural
| and probable consequences of his own acts,
| and If YOU find from the evidence that the
| defendant unlawfui1y converted the money
| alleged IN the Indictment TO nave Deen ell
| bezzled to his own use, you will be author
! lied to infer the criminal intent.
| Among the instructions for the defense
| was the following paragraph:
| Before YOU can convict the defendant you
must believe beyond Il reasonable doubt,
| verified the public money to his own use with
| the intent at the time of converting to re-
| tain said money and deprive the State OF Ia
| Hon. Joseph r. Edwards, of Jefferson City
made the opening address. '1nnocent men,,
| said Mr.. Edwards, care not in the habit OF
| going around and declaring that they are
| guilty of embeZZlement.
| He was followed by Mr.. Chas. Z. holland
| for the defense. Mr.. holland attacked Gov.
| Francis in a severe manner for what he
| termed unbecoming activity in conducting
the case for the state and in collecting the
| evidence. He said that this was not the
| trial of professional criminal. Ed holland
| was not a thief, and he thought that there
was not man in the court room who be
! leved that he was. Referring to Gov. Fran
| els he said that the law did not make 1t OBJ
lgatory upon the governor to conduct the
| case for the state. He should have come
| here in a dignif1ed way and lgiven his testi
! mony. Perhaps it was mistaken zeal on the
part of a young governor, and perhaps 1t
| was the cold blooded ambition of a young
| man who wants to elevate himself at the eA-
| pense of a former friend.
Mr.. holland was followed by w. s. Pope for
| the defense, and then came Gov. Johnso
who, in conclusion, made pathetic appea.
| Tor mercy Tor NOlanu, not, Sdiu, loT HIS
sake, "but for the sake of the faithful wife.
| whose sobs had been ringing in the ears OF
the jurors all day
| Mrs. holland was carried from the court
room in almost fanting condition at the
close of Gov. Johnson's speech. A recess
was then taken until 80 p. M
Attorney General Wood spoke for the
state in the afternoon. Said Mr. Wood: "Be-
cause Ed holland was sorry that he had stolen
s32 900 did not make him an honest man or
| relieve him from criminal responsibility
| The law was for the punishment of just such
| men, as well as for the punishment of the
| poor thief without friends who steals COW
| or mule"
| THE JURY DISAGREE.
| The arguments closed at 2 :55 and the jury
| retired at D. m. At II O'Clock (midnighD
the jury announced that they could not
agree, and the Judge discharged them. The
| correct roster of the jury is as follows For
! convicton-J. n. Steininger, G. w. Hickum.
| Samuel White, w. II. Jones, R w. Rasinger,
| Albert Pringer. For acquittal-J. w. Ogden
d. A. Dawson, W. B. Taylor, r. NJ. Proctor.
| were ten democrats. and two republicans.
and J. w. Hckum.
| The Law i'm the Case.
The crime for which Nolan was indicted
and tried is covered by section $500 OF the
Revised Statutes, which provides that "any
| officer appointed or elected by virtue OF the
| constitution of the state, or any law thereon,
| who shall convert to his own use,
in any manner whatever, or shall use
by way of investment in any kind
of property merchandise, or who