Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-05-30

OUT LEAVING THE JURY BOX.
OTHER COURT NEWS.
The trial Of ex-city Treasurer Max
lser, charged with the misappropria-
On OF the clty's funds. was called in
10 Seventeenth district court yester-
W morning at $3.50 o'clock. The fol-
wing Jurors were selected; O.. w.
orton. Arch Earl. j. p. Taylor, ID. l..
avis. william sauerburg. j. A. Har-
N. Frank Eliiston, j. C. Calvin.
homns George. IL. W. Provine and J.
N. Eggleston.
The morning was occupied ~
.amlnation of the witnesses for the
ate. after which argument was made
r the prosecution by Assistant Coun-
IN Attorney James Davis. The attor-
'ey for the defendant. Mr.. Ball, stated
hat he would not examine any wit
. esses for the defense and would make
III argument on his side OF the case.
Judge Harris then told the jury that
iere had been no evidence given that
r. Elser had been guilty OF an EN-
Excitement OF the elty's money, and he
iereforo directed the Jury to bring in
verdict OF not guilty, which the jury
a without leaving the box. Mr.. Elser
as surrounded by his friends after
10 jury had rendered the verdict, and
,ceivcd many hearty congratulations.
IN. llser has been resident OF Fort
Forth for the past twenty years, and
BE verdict was not n surprise TO his
a.1N oil
'llclt confidence In his integrity as a
iisiness man, and his eXcellency as
tlzen.
Judge Harris charged the jury as
Slows: You are instructed that there
no evidence In this case which would
arrant a Jury in finding thnt the de-
ninnt fraudulently took the money
tmed In the Indictment nor that he
isapplled It within the meaning OF
Ne law, NOR that he converted 1t to his
yn use. and you viii therefore render
verdict OF not guilty.
Immediately after the delivery Of the
barge Judge Harrla said;
l want 10 make this statement In this
3nnectlon. OF course the question as
\ who It Is, whether bank cashier or
ny other person, does not make any
florence. II Is folly TO talk about
lythlng OF that sort. II is n question
= Wllul tue law lUthtN WHEN II hhghs
n he fraudulently taltcs or misapplles
4 or converts II TO his own use" II
ny be that the law ought to be that
henever n treasurer. city or county.
ecauao this statute covers county
'easurers as wen rs any other-rc-
livcs money that he should be
Dund 10 deposit Il as spec
4 deposit don't understand
be law to be TINT way now
A he takes It and deposits Il
4 good faith with a bunk. he
evlng that is place where
I can be deposited, where It can be
fpt and where It can be gotten. he
i not liable criminally n the bank
Ais, and N the money be lost There
hs never been II county treasurer.
lere has never been a county tax
pllector within the memory OF any OF
bu i suppose, but what always de-
psited their moneys that way. Our
Nn county treasurer. the testimony
BOWS In this ease. had HIS money de-
iosited in this bNnk--thc county's
loney, believing. Of course that II was
proper place, / presume he dll, but
ny how until II ~ proved thnt he did
pt believe II 70 to be he wuuld not
Z erlmlnally liable for IT, Tho treas
rer cannot keep those thluga In his
pckot; he cannot 40 into the banking
nsinosa himself In order 20 keep IL
p a place OF security and therefore.
he does deposit Il In bnnk and be-
eves II IL In safe place, and he does
lot use Il, he has no right to use II
lr himself while II Nv In there: n he
'lya notes with Il or anything OF that
ind he would be liable, II he fraudu.
ntly misnppliea it; N he PAYS It out to
ne fund when II Is due on another
Ind or anything OF that kind he would
A crlminally liable. II he fraudu-
tntly takes It, " he take 1t from Il
arty without giving receipt for II
ithout letting II be- known TINT It was
.nhllc money with the view of appro-
plating II TO Ills own use then he would
: llahlci but apprehend II would be
very difficult matter To get parties to
~ ma city treasurer or county
easurcr N he had to keen
ne very Identical money in
w possession all the time. Il is not
My the history OF this county, and.
oppose, every other county. but l un.
lerstand It to be the law without any
,rt Of question; they deposit their
inds In good safe bank, they check
pom IL, ma l presume they have done
rom all time. II there were any evil
encc here showing or tending to show
lat he paid his debts with It, that he
nd on hts notes with Il, or paid other
ntes with 1t, that he applied II 10 his
wn use or that he mlsnppliod Il. that
y enplled II ON one fund when Il ought
have been on another, that he fraud
lently took It. that he got a dollar OF
from a place ana aid not let II be
nown whore he got II with view OF
ealing II or having any profit in Il.
fshould submit the matter for the Jury
r pass upon It; but there IL no eyi.
enee OF that kind, and shall not
iultify myself, You viii keep your
PATS and render n verdict upon tho
ack OF this charge; 1--WE. the Jury,
NJ the defendant, Max Elser, not