St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-01-11
HAD NO RIGHT TO II.
End Of the Suit, Against the
Badger Ex-State Treas
urepS.
Judgment in Favor Of the
State Given by the Su-
preme Court.
Over a Half Million Dollars
Recovered by the Com
monWeaith.
A Suit for Twenty Thousand
Dollars for SANDER by a
Luverne Priest.

MADISON, Wis. Jan. 10.-A cele-
brated case indeed was that which
ended today when the Supreme court
affirmed the decision OF the cir
cult court giving judgment against
three Republican eX-treasurers for
S525, ZOO, interest on public funds.
The court is unanimous in the decision.
The cases affected by the decision are
those against Richard Guenther, present
consul general to Mexico. who was state
treasurer from 1878 to 1881 inclusive;
Edward G. McFetridge, from 1882 to 1856
inclusive, and Henry B. Harshaw, from
1887 to $780, According to the decision
the state is entitled to recover from each
or the three eX-State treaSurerS as fol-
lows: From Richard Guenther, SiSS,-
060; from Edward c. McFetridge, S207.-
652 Go; from II. B. Harshaw. Sl29, 63S.90.
Total, s5s5, 351.56.
The bondsmen of Henry B. HarShaw
are p. Sawyer, Samuel NJ. Hay, Robert
Mcmillan, Joseph II. Porter, Moses
Hooper, Charles B. Clark, r. 3. Kel-
logg and S. Hollister. The bondsmen
of McFetridge are John L. Smith, John
S. Rowell, George L. Congdon, S. ?. K.
Lewis, Il. l.. Newton, Andrew Willard,
+. NJ Warren, George MerlenS. j. j.
Galliker, William Stanley and Ephraim
Mariner. Senator Sawyer was chief
bondsman tor Richard Guenther, and
under both Guenther and Harshaw.
Charles Schriber, the cashier of Mr..
SaWyer's bank, was financial adviser to
the treasurer and collector of the inter
est moneys.
The First Suit.
The suit against McFetridge was COM
menced by service of summons and
complaint Feb. "a, 1891. The HarShaW
suit was commenced May %.
In both cases the court granted an
order for the request of the state in
order to disclose the amount of interest,
so that the complaint of the state
might demand Judgment for the full
amount. McFetridge admitted the re-
ceipt of large sums of money from the
banks. as ''gratuities, but refused to
call it interest or to specify the amounts.
Later the statement of the amounts was
given. Mr.. Harshaw declared that he
had not loaned any funds or received
any interest when put upon the
stand for examination. Later, when
Charles SchriDer. his financial
agent, who had at first refused to
testify, weakened under threat OF
proceedings for contempt Of cour t
and gave notice that he should go Oh
the stand and make a clean breast of
the matter. Mr.. HenShaW changed his
mind and testified TO the arrangement
for the loaning of the funds, but claimed
that the interest received was set aside
as a fund out of which to pay pos
sble losses, and declared that ii there
was ANYTHING left it belonged to him. 1t
also developed that he mad drawn q
large share of the money from Mr..
Schriber, making a blind of promissory
notes, none of which was ever paid
Shortly before the cases were to come
to trial judge Siebecker declared that
certain things had come to his kn0Wl-
edge which would prevent him
from giving them an impartial trial.
Judge Newman, OF the Sixth cir
cult court, was called on TO preside
at the trial. and the cases were heard at
Madison in November. 1891. Jan. Is,
1892, Judge Newman flied his decision
giving Judgment for the state, support
Ing it by lengthy opinion. The cases
were appealed to the supreme court.
and were argued and submitted to that
tribunal August last.
CONSERVATION at Oshkosh.
OSHKOSH, Wis, Jan. 10.-The decis-
ion of the supreme court in the state
treasury case created considerable con-
sternation among the friends of Har-
shaw and Gunther here. ii. B. Har-
shaw has deposited to his credit in
the National bank of this city $50, 1000,
which Charles Schrieber, his financial
agent, is holding in the interest of the
directors of that bank, who are the eX-
treasurer's bondsmen. This sum will
only half-pay the amount of the judg-
ment. The remainder, of course, must
be discharged by his bondsmen, who
are Senator Sawyer, Moses Hooper, S. NJ.
Hay, Robert McMillen, j. ii. Porter
and Charles B. Clar, of Keenah. de-
ceased. All. however, are able to put
up what they will be called upon to pay
without imp0yerishment. With these
bondSmen of Mir. Guenther. who
were not directors of the Ma
tional bank, notably Messrs. Metz
and SchiOerb, the latter be-
ing Guenther's father-ip-law, the
reverse is true and they will be seriously
hurt. Mr.. Guenther himself, is not so
well prepared as his colleague in mis-
fortune, as he has been unsuccessful in
different business ventures since his
official term expired, and all he has
must go. He states that he had nothing
to say concerning the matter.