Omaha daily bee., 1895-12-08

| subsequently realized thereon by Hill.
show Hfn the Is aRSn ahe Wh
which the defendant, Hill, is chargeable
and,the and these amounts are dependent upon the
by him during his second term.
7. The evidence shows a continuous
Capital National bank during the second
| term of the former as state treasurer, and
tn, the eCntenion n of the state is that the first
be applied in discharge of the amount of
his credits at the commencement of said
| contends that his intention was at all times
to withdraw the money last deposited; and
so construed. Should you find that there
was an agreement CIR understanding between
Hli HI and a. the e,i bank with respect to the app-
ment is binding upon the parties to this
action; # however, no such undsrstandng
HUI, to direct the application to be made
of such withdrawals. and it is not within
he OF he state to make another
s. II the defendant. Hill has fully ac-
counted for and paid oyer all moneys be-
longing, to the. state, which came into his
hands during the period covered by the bond
m n sdct @ bas should da be for the de
then your verdict should be for the state
for the amount disclosed by the evidence
he cen s a paid wh
a. 1898, to the first day Of the present term,
to-wit: September II, 1895
TEXT OF THE SPECIAL VERDICT.
In addition to the general verdict returned
by the jury the following special verdict was
signed by them and returned with the verdict
finding for the defendants:
The jury finds especially the following
facts: On the l4th day of January, 1893, and
subsequent to the induction of Joseph S.
and the retirement % therefrom 9ta't Of the defend
ant, HUI, there was approved by the then
governor. secretary of state and attorney
n nn nd .hGta ac
required by law in the penal sum of s7O0,-
900, executed by the Capital National bank
w, Mosher as sureties, according to the
proyed HpT Gf as of th1 aP
County Funds in Banks Said bond was
filed In the office 9 Of the auditor of public
Said BARLEY received from defendant, Hill,
on the formers induction into office three
Capital National bank each dated January
isss each P@SSabe to the order Of
a s s tSe 9af sqm fSF aS z%% 3r ere seT
tied by defendant, Hi, il, said bank When
asy each been by SAID a
on the 18th day Of January, 1888, and after
aforesaid bond OF the Capital National bank.
said BARLEY, being then the trea surer of
the state of Nebraska, caused each OF said
certificates to be endorsed follows: "Pay
G. w. Mosher, prt,, or order for collection
account of treasurer of state Of Nebraska. ].
S. BARLEY, treasurer Bartlett" Said c. w.
Mosher. being then president of said Capital
National bank, and said Bartlett being dep
uty state treasurer, and making said en-
dorsement by authority of said Barley. |
Said BARLEY thereupon caused said certifi- |
Gates so endorsed 10 be delivered to the |
said Capital National bank and an account |
opened by said bank In the name of -. S. |
BARLEY, treasurer" on which account credit |
state treasurer, for the amount of said |
certificates. said BARLEY causing a pass |
book TO be issued to him containing an en- |
try of said credit. and said credit being |
subject to check by said BARLEY as such |
treasurer in the ordinary course of banking
Each of said certificates was by said bank |
retained in its possession. From said 10th |
day OF January 1898, there We're drawn by
said BARLEY and paid by said bank checks
to the aggregate amount of sis, 1885, 02, there
being no deposit other than that already
stated After said 2lst day Of January,
1898, said bank was not opened for business
and certain other checks drawn by said |
Barley on said bank from the 18th day of |
lssS. to said Ist day Of January
on the 18th day OF January, 1888, and
thenceforth said Capital National bank was |
insolyent. and on the 22i day OF January,
1893 its property and affa'rs passed into the
Gus tody of bank examiner, and thereafter
into the possession and custody of a re-
ceiver. and nothing further has by said
state or said BARLEY been realized from
said deposit or account, On the nth day Of