Omaha daily bee., 1895-11-23
BASED ON BARTLEY'S SUIT
Ex Treasurer Hills Latest Reason for Not
Being Held Liable,
HAS FILED A SUPPLEMENTAL ANSWER
Sets In that the Present Treasures
is suing the Receiver of the
Mosher Bank for the Iden-
teal Money.

LINCOLN. Nov Especial "A supple
mental answer has been filed In the case OF
the state against ex-Treasurer j. Il. Hill,
whose trial is set for December q This
answer Is in the form OF statements from
the principal Hill, and six of the bonds
men sued for the $236OO alleging the fol-
lowing facts, which have occurred since the
previous trial Of the action:
That on or about the 9Th day of Septem-
Der, 1895, Joseph S. BARLEY, treasurer OF
the state of Nebraska, acting in his Of
fcial capacity as such treasurer and under
and by direction Of the state of Nebraska,
commenced against Kent X. Hayden. re-
coin. Neb., in the cirucit court of the United
States for the district of Nebraska, an
the representative of the said Capital
National bank which had heretofore gone
tion. the Identical money sought to be re-
covered IN this action, to.wit: The sum
per- MN from he 2h dsg OF of
ary, 1893. being the identical sum and the
identical moneys appearing as credit in
the same money sued for in this action.
Attached to this is copy Of the petition
In the action commenced in the United States
circuit court at Omaha.
Each of the supplemental answers is signed
by j. e. Hill, David f. Thompson, N. s.
Harwood, Richard C. Outcat. John II. w.
McClay John w. Mcfarland, Mary Fitzger-
aid and Charles w. Mosher
The filing OF the supplemental answer has
occasioned considerable comment among the
Lincoln legal profession. BY many Of the
members it is held that this action of State
Treasurer BARLEY will act as bar against
further proceedings in the case against ex-
State Treasurer Hill to recover the amount
lost TO the state by the failure of the Capital
National bank.
Chairman Edgerton of the populst state
committee has returned from Beaver City.
He brought with him number of afiidavits
to be used in the Investigations OF Referee
Cordeal in the WettyNorris contest case in
Furnas county together with several photo
graphs Of the poll books in which the alleged
fraud made. He has an affidavit from
County Clerk McFadden to the effect that he
believes a forgery was committed, also a1i-
davits from the clerks and judges of election
of Union precinct that Judge Norris received
but forty, instead Of fortysix votes.
LEHANE'S SENTENCE SUSPENDED.
The supreme court today issued an order
in the sensational contempt case of Beatrice,
in which William c. Leblanc, in the district
court Of Gage county, was fined 500 and
sentenced to ten days in jail. Following is
the order of supension of sentence:
Now on this 22d day of November, 1895,
this cause came on for hearing for an ap-
plication before T. L. .Norvai, chief Justice
of the sentence herein. and upon reading
the proceedings and record It Is found that
fore ordered that the sentenc of the dis
trict court be suspended upon the plantiiI
in error executing a bond with good and
sufficient surety ii. the sum Of $500 to be
court conditioned for the appearance of
the said plaintiff in error before this court
at the next, term thereof, and from. term
to term and to abide the order and judg
ment of the court herein
Given under my hand this 22d day of
November. 1895. l.. NORVAL,
Chief Justice.
Attorney Il. o. Kretsinger was at the
Office of the clerk of the supreme court and
made application for and received the order
today. He says that the case involves two
points: First. how far can petitioner go
in attaching supplementary matter relating
an existing condition of facts to his petition?
ant., second, can such person. held guilty of
contempt OF court, be dealt with in the sum-
mary manner in which Judge Bush has
dealt with Attorney LeHane? The supple
mental matter which was attached to the
motion for change Of venue from Judge
Bush was supplement- OF the Beatrice
Times, containing a political attack on the
Judge during the campaign just closed.