Omaha daily bee., 1895-12-05
DOES NOT AFFECT THIS CASE
- t'1
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Supplemental Answer of the Hill Defendants
Replied to by the State.
SifEJ s.1lfE i'
a. s-af
TESTIMONY IN THE FORMER TRIAL READ
Evidence Then Taken Recited to the
Jury Showing the Main Facts or
the Transfer of Funds Be
tween Hill and hartley.
testimony IN THE FORMER TRIAL READ

LINCOLN, Dec. 4.-(Special.)-The state
has filed an answer to the supplement-
answer of the defendants in the case against
ex-Treasurer Hill and his bondsmen. In this
answer the defendants set up that the
action commenced by State Treasurer Bart
ley in the federal court at Omaha was bar
to further proceedings in the supreme court.
The reply, by Attorney General Churchill,
admits that Bartley commenced the action
mentioned, but denies that such action was
begun by authority Of or with the knowledge
or consent of the plaintiff. and alleges that
this action does not in any way impair the
right of the state to maintain the present
action.
So far the evidence which has been read
to the jury is from the testimony Of Secre-
tary Of State Piper, ex-Secretary of State
Allen, eXAuditor Benton, Deputy Treasurer
Bartlett, Ex-Governor Thayer, Bookkeeper
Afford, State Auditor Moore, State Treasurer
Bartley, Receiver Of the Capital Nat tonal
Bank Kent X. Hayden and ex-State Treas
urer John e. Hill. Aside from these ex-
Governor Boyd, ex-Attornsy General Hastings
and ex-Justice Of the Supreme Court Amasa
Cobb have testified orally. The evidence Of
nearly all the bondsmen taken in the last
trial OF the case is yet to be read to the
jury. The case promises to last through
ths Eeek.
Attorney G. NJ. Lambertson read the evil
dence in the preceding trial when the court
convened this morning. He commenced with
the testimony of State Treasurer Barley.
The evidence bore mainly on the condition
Of the state finances at the time he sue
ceeded Hill and the amounts of certificates
Of deposit received frcm the different banks
in the state. The jury was shown the certif-
Gates of deposit received by witness from
nf
S2S5,357.S5. Mr.. Lambertson aleo exhibited
the checks upon which $4S, 1868 Of this sum
had been drawn out previous to the failure
of the Capital National bank, leaving a loss
to the state of 1886, ,361.F. BARLEY had
stopped drawing checks on the bank owing
TO the fact that it had gone into the hands
of receiver. Did not remember the date
of the banks failure, but believed 1t had
closed on January 21, 1882 II had closed
Saturday night and did. not open Monday
morning. Had drawn check which had
not bsen paid on the daytthe bank officially
suspended. i4sJ4
Characterization wasy read by Mr.. Whee-
don. The cash credit (Which witness
had secured at the Capital National bank
was In return for the three, certificates OF de-
posit turned over to him by Captain HILL
amounting 10 s2S5, 1857. So. q
COMPLETENESS OF MosHER'S WRECK.
Direct examination OF Kent X. Hayden,
receiver of the Capital National bank, was
raad by Mr.. Lambertsons The bank had been
insolvent on the 9th day of January, 1893.
This was the day on which the certificates
Of deposit in the bank had been turned over
to BARLEY by Hill. At the time the bank
closed its doors 1t had on hand in cash
s11.117.57. Its liabilities were sl,256, ,l35.07
nominal assets, about 100000; real as
sets, 100000.
On cross-examinaton by Wheedon 1t had
been developed by witness that the nominal
assets had been based on the price Of real
estate in boom timss, which had since de-
preciated in value. There had been collected
from the assists Of the bank about 500, 900.
The cross-exsmination was In a line to show
that while witness had testified that the Cap
ital National bank was insolvent on the 9th
of January, 1893, The fact might remain that
the institution was in pretty fair shape, and
the great depreciation and shrinkage Of its
ASSETS had been caused by the stigma OF
tho failure.
Evidence of Depu'y Treasurer Bartlett, re-
called, was read by ATTORNEY General Church
III. II went into the details of the trans
actions OF State Treasurer Hill and the Cap
ital National bank.
Deputy Bartletts testimony developed IN
eross-examlnation by Mr.. Wheedon de-
tailed history Of the certificates Of deposit