Omaha daily bee., 1895-12-05

received from ex-Treasurer Willard by Hill.
amounting to about S267 ,O0o Hill has r.
ceived but $500 in cash from Willard The
remainder CT the funds consisted in checks,
crafts and certificates of deposit in banks
other than the Capital National bank. Only
about 2 per cent of the business of the
state treasurer's office was done by the me-
dium OF cash. Witness had been connected
with the office as deputy and treasurer nearly
twenty-f -four years. Hill had received the GER
tificates of deposit from himself to himself
at the time he began his second term of
Office.
The cross-examnation of Receiver Hay
den recalled, showed that he had used the
term "insolvent" in his direct testimony
in the light of any bank which could not
pay all of its debts on any one day. Few
banks in the country could do this and In
this sense nearly all banks were insolvent.
This line of cross-eXamination was intended
to brace up the credit of the defunct bank
at the time Hills certificate of deposits
were placed therein by State Treasurer Bart
ley
Hayden terminated the evidence for the state
and it rested. Judge Wakeley announced to
the court that, as in the previous trial.
the state would ask that reservation might
be made in favor of other witnesses should
the state desire to use them. The reserva-
tion allowed.
MOSHER'S GUARANTEE BOND.
Testimony for the defense was read by
Attorney Pritchett Auditor Moore being the
first witness. He gave evidence to the erect
that the original bond of the Capital Ma
tional bank as a state depository was on
file in his office. The bond was for $70O,000
The bond was marked exhibit TX" and was
shown to the jury This is the bond on
whicr C. w. Mosher qualified for $5OOOOO
and r. c.. Outcalt, cashier of the defunct
bank. for 5000, 900 over and above their liza
bilities. 1t was filed in the Office of Auditor
Moore January H. 1898, and was approved
by Governor Crounse, Secretary OF State
Allen and Attorney General Hastings. Wit
ness identified the signatures OF Mosher,
Outcalt, Crounse, Allen and Hastings. The
bond had besn filed in his office during the
morning of January IA, 1898.
Joseph S. BARLEY, recalled for the de-
fense said that he had deposited no money
received from ex-State Treasurer Hill in
the the Capital National bank, but had in
structed his deputy, Mr. Bartlett, to deposit
the certificate of deposit received from Hill
in that bank Witness exhibited his bank
book in use at that time marked exhibit
a." showing the sums credited as deposits.
Was acting as state treasurer at the time.
The evidence of ex-State Treasurer j. E.
Hill, in his own defense, was read by Mr..
Wheedon. Witness said that on the 14th of
January, 1893, he had made a settlement
with the new treasurer, BARLEY, and had
then turned over all the funds of the state
in his possession, including the office and all
its appurtenances. With the exception Of two
small certificates of deposit, one on bank
at West Point and one on the Bank Of Ponca,
Treasurer BARLEY had accepted and re-
ceipted for all the rest Of the funds. Wit
ness had admitted that he had filled in his
Official bond for 100000 with his own
name, One of the bondsmen, N. S. Har-
wood, had asked him why his own name had
not been signed to the bond and he had
informed him that it would appear there be-
fore il was delivered. c. w. Mosher had
also questioned the absence of his name from
the bond and he had replied;
Charlie, ! will never sign the bond till
am assured that can get full security for
this amount"
Had not signed his name on the first line
of the bond because he did not regard 1t
as his bond until all the necessary securities
had signed Nearly all the bondsmen had
called his attention to the omission OF his
name. Had gone to Omaha and seen Mr..
Barlow. In company with him he had gone
TO see Mr.. Drake. They had held conversa-
tion, in which it developed that they would
not sign the bond unless John B. Wright Of
the Columbian National bank, Lincoln, and
Samuel e. Smith of Beatrice had signed 1t.
II was understood by bondsmen that witness
was not to sign the bond or deliver 1t until
all the names agreed upon had been attached
to 1t. The trend Of the evidence OF Wit
ness Hill went to show that there had been
an agreement among all the intending bonds
men that he was not TO sign the instrument
until the full complement Of securities had
signed II. The reason he had not signed
subsequently to these signatures being OBJ
tanned was owing solely to the excitement
around the state house on the day the
newly elected state officers were sworn In.
INTENDED AS HIS BOND.
Cross-examined by Mr.. Lamberison, wit
ness admitted that he had written his name
in the body OF the instrument with the full
intention OF making It his bond. An attempt
was made TO induce witness TO swear that
when he wrote in his name John r. HILL"
he did so with the Intention Of making that
paper his legal bond, but this was unsuccesS-