The Cape Girardeau Democrat. (Cape Girardeau, Mo.) 1876-1909, 1892-06-11

other words, tha, ~ c-sl3 art h. guilty. " en-.
Sez.iera ~ until ~ hSd S~st IN H. ssSt,
'rSaSurrc. and fsih' 10 psS over 20 ms sa-css
s-r me ~ nSy dur the stat, ProSecgticnS so
h,SN 20 saslt-ssSoa. - ) nsSA lASs thss Seaes
- FcrtSr, ~ No ~.
To cusSt ,,ase Cn.be zslcrlsat, asi'cr this IN
6icincat II was acy~~>sry ~ chNrce tAs ctScii,
character ot defendant. Hrs rsNsess-s ~t the suaa
ec> by Ssxtur ct his ot.fr, ~ tres>erer, ana a.
trsadpsrn, aud te'caSsas Soaver>;oa taersot en
his own U.s.. This ,Ar SaaiCtu,rat StcS,S, HIS
fSilura t. rNy crsr to hts Sacr'sSSN- 's ecSi"a e
Of cr.s,SraslrnSret> hat I, the ffSssaleas rna>
version " ,hr MONEY in his hsr'sS that caa>,t'
t0ses hsS ,r;m>, This r,:nt must lii wise L.
ruled ssS,aSt thu dct'aisat Nor tarrN
anything n the ehSeCtNna shS, ,hr Iasl'ct,arot
dccS not charse thu, ,hc money culs zslSSt wSs
"lswfoi usNarS cf thu Cnitsst states" Oar
statute, sccssoa an, Revised Sts,atcs> l>Ss> Sx>
rr ssly dIs,rnSes with the acScssssy Of any >'sea
avcrs1ca,
Thers W., ro ercor ia ovNrru'lls tse dSas'se>
rSr - thu Sv,,isrcr u was Susti>i 'at IL TIA
hty b>lctr,l I, 70 cSa>Sc, ,sa drferisns, rhN
ts>tincay cf thu exports wea cSst,i:;''i nc
tsraSary NJ tho rNqu'<t % Gov, erSeciS us
NssNJ that the. defendant was = a"faaltCr to
the s,n' Unit at SS,slS ~. aa1 this was sup
plemeatNi hy cvsleIs> ~ aiui<sioas OF tho
defendant to the state SuiisNr anil o,neGS est
by th.' Sroof OF drawing thu dratt for A,lsa On
the Franklin hank and charging the same
against himself for 81 a. only. aud % the
drawing Of IN" drsf, f., sSe IN favor Of r.
E Wil>On. Snt failing to chaIee n,u,
self 81 all with this" sums Th" d.
fendant oil ri to prove by y witness, T. T,
M.ll"r. that Z, T Noland as state trcasursr,
h'l to his account with the Rank of Commerce
in New York in the redemption bOnd anil ~
demption coupon accounts on the sih cf March,
Nh..1 of
'ss..Ii 81, ami that the committee did not de-
duct thIt from his account IN thsir report
This esid'nre wa sScluied and tliS tGling y
Is gned Is crrCi ftha in6tio;i for new tfiai
does not srccify the exclusion Of this particular
evi'ien,', but assigns generally as error that
the court excluded from the jury proper cont
pntent AMI relevant testimony offered by the
defendant This was sufficient 1t has been
the practice in this court from il ,ani zltoI.
Nothing more definite has ever been requir"i.
curing then to the offer Of defendant. OF
what avail would it havs been to the
defendant to show that the 81, so was on de-
post with tn Bank Of Commerce on tn, 7th ot
March In tine bond redemption account, lie
was not charged with cmbezzling any Of tnat
fund in th' iniictm mt On the states evidence.
BY the laws Of this state tie state treasurer,
with the approval OF ths governor and attor-
ney general. is required to select hank in New
York City as the fiscal agent in this state. All
tns interest on the bend d indebtedness of this
state il payable at said back, except the int"r
est on thu stItn school AMI seminary certih-
cate consols. This lr,nk is required to open
an account with the trea urer, crctliting him
with the amount ,ceivcd from the state, and
charging him with the coupons AID bonds paid
by il for the stat, This Fl seal agent ia also ra
qu;rrd 10 certify to the treasurer anil state aud
itoT and governor, each, the amount received
b. il fot thr payments of interests on bonds Of
tn stat, aforesaid. ssn tiir amount To-
r.vei for the paymen: Of maturing bonds OF
bonds called il for rrdsmTtion and said bank is
charged herewith both by the auditor AMI
treasurer. Tha coupons and bonds are then
PAID from tim, to tmr lv the fi-cal agent. the
bank in New York. without other warrants
tn 'raof Section shj8 provides that thu stItH
an Ito shall. at lels. firtrrn days b,fore tho
interest is ilua or tn, state bonds maturei.
draw his warrant on tts state treasury for thu
paym of said bonds or interest, or both.
Emb,zzlrm mt Is nsc erily peculiar in snms
of It's features AMI particularly 50 when pub
lie officer obtains funds by virtu, OF his Office.
J-n'ikc tho ordinary clerk lie has no one to
watch oy,r his manner OF doing business.
MInifcstly II the rigid rues Of the common
law r, Uuiriny thu state to show exactly when
he received certain moneys, the charaatcr OF
the money. whether drafts. bank notes.
or ccin. and their denominations. and
exactly how he effected the appropriation.
were to obtain. then the statute would be
dead letter. Accordingly tn, coIrts OF this
country, with great Immunity, hlv, not con-
sidered the coInmou-law precea 'nt' IA crn-
trolling under similar stltutes, AMI while re-
duiring .ubst;Irtial compliance with the statu-
tory requirements and having due regard tn
the constitutional guarantees they hava con-
strueI this law linerally, the judiciary rela-
tion enabl the officer to convert funds aad
securities o his own use. and at the same time
renders il Glmost impossible for the state in
advanc, to charge when ami how it was done.
We have endeavored 10 examine every fact in
this record. and have accorded every point
made for reversal careful consideration. AMI
our construction is that there was no error
that tended to the prejudice of the substantial
rights Of the defendant, and the Judgment is ac-
corlingly affirmed.