Omaha daily bee., 1895-12-08
VERDICT WAS FOR OUTCALT
Found Guiltless of Fraud in Capital
National Bank Matter
BENTON WILL NOW BE INVESTIGATED
District Attorney TO bring All
Charges of Tnmperinr with the
Jury before the Grand
Jury Tomorrow.

The jury in the case Of the United States
against Richard c. outcalt Of Capital National
bank fame returned verdict of not guilty
at 1890 yesterday.
outcalt was cashier of the bank al the time
of C. w. Moshers reign as president, and
was indicted for alleged Justification of bank
reports and for embezzlemsnt. His trial had
been in progress for ten days.
After the rendition of the verdict Judge
Dundy made statement to the jury with
reference to the reports rife that some of the
members had been tampered with. This
statement included a brief history of the
wreck of the bank, and of the trial and con-
viction of Mosher in so far as 1t concerned
any action of the court. Judge Dundy con-
cluded by earnestly adjuring the members Of
the jury to disclose any information they
might possess relative to any misconduct Of
any of their members, or any knowledge that
they might have of any improper overtures
from outside parties, to District Attorney
Sawyer. He also instructed the district at
torney TO lay the whole matter before the
grand jury and institute thorough and
searching investigation. Judge Dundy added
that 1t mattered not whom II might mplicate
nor in whose favor, the governments or the
defendants, If attempts to influence jurymen
had been made, an indictment should be re-
turned and he would see that justice was
meted out in no small measure.
WILL INVESTIGATE BENTON
Carrying out partially the instructions Of
Judge Dundy several days ago, Mr.. Sawyer
asked the members If at any
time from the time the jury
was sworn until the verdict was reached
anyone had attempted to influence the mem
bers to the advantage of either side of the
case. Each one answered no, denying that
any person had spoken to him about the case
or attempted to do so.
But the matter will not end here. Monday
the question as to just how Tom Benton hap
pened to get on the jury and of his feeling
toward Outcalt will be inquired into by the
grand jury. When, in the selection of the
Outcalt jury, all of the peremptory challenges
of the United States had been exhausted and
the box lacked but one man to be completed
Tom Benton was called In answer to Mr.
Sawyer's questions he said that up to the
time Mosher came to plead on the indictment
against him he believed him innocent, but
when he pleaded guilty he felt forced to be-
ieve him so. He said that lie was an inter
ested party in the bank, having had several
thousand dollars on deposit n it when 1t
failed. He said that he had no opinion as TO
the guilt or innocence of Eutcait.
Outcalt, being tried on practically the same
charges as Mosher, it was regarded as dis
qualification for Juror to havs an opinion as
to the guilt or innocence Of either. Benton
further said that he could render fair and
impartial verdict in this case. He was
challenged for cause by Mr.. Sawyer, but
Outcat's attorneys objected. They then
asked Benton If he had any opinion as to the
guilt or innocence, of Mosher with respect TO
the counts in the indictment on which Out
cal. was to be tried. He replied no, and the
attorneys for the defense insisted that he
was competent to sit
Mr.. Sawyer then asked Benton whether, if
n q N hn