The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-12-16
THE BOGGS CASE.
Motion for Nom uIt by Defense Over
ruled by the Court.


Tacoma, Dec i0-Spec.al In the case
OF eX-City Treasurer George ". Boggs
the state yesterday afternoon finished its
case. and the defense announced that il
wCl!d begin introducing It's evidence Mon
day.
". c. Ch.dester. the accountant en-
ploytd by Receiver TttlOw, OF the Bank
Of Tacoma and Tacoma Trust and Saw
ings bank. was the last witness. lester-
days session was largely taken up IN the
craSs-eXam by Judge Campbell of
Bookkeeper Mdrius M0lVig. the states
y .tuess. Il was shown that taere was no
agreement between Boggs and the bank
relating TO the payment Of interest on city
balances 10 him, Moly.g admitted that
B0Egs had never authorized ann to credit
h-s personal account with the amounts
charged 10 have been received and check
"a out.
The jury vas tuen excused while Judge
Campbell. for the defense made motion
for non-sujt. Judge Campbell made long
ana aole argument, contend.ng that no
evidence had been introduced connecting
BosEs wita the transactions alleged The
court ayerrpled the motion without near
ing from tae state. and thus reviewed the
evidence already IN:
lin the nrst place. / am Of the opinion
that the public money Of the city ia the
treasurers hands or under his control is
there Tor safe-keeplDg, even though he
also be charged with the duty of distrlbut-
lnc that money iD the usual course OF bus
mess OF the office. ana therefore / am
clearly oI the opinion that the law covers
the charge in This case. believe that pro-
vision is practically. determined Ia the
famous krug case. and / am also ot the
opinion that If the defendant found the
money IN this bank Wneu nc assumed The
duties Of the Office OK city treasurer. and
even though The city council actually des-
iEnatcd this particular bank as deposit
tory or the city = money, if when the mon
ey was IN the bank subject so the treas
urer's check. and thereby being under his
control be- could not. hy reason of these
facts. excuse himself IL he actually re-
celyed interest thereon from The hank. It
occurs to me. so far as the evidence is con-
cerped. that there are four ard possibly
five material points tha, are to be main
tanned D.. fhe state before the court should
let the case 80 20 ,hc 3urs. and upon these
points ! heiieve the state has produced
enough evidence 20 sCtitle the ease to go
60 the 5ar1 First. J am satisfied that
there is a considerable amount ~ evidence
here ard sufficient 20 give u 10 The jury
upon tEr question 81 fhe moneys cf the
city having actually been iu this partlcu-
lar hl-k and there subject 10 t1c cHegk ot
the treasurer and under his control Ser-
ou1 7 am satisfied that There is sufficient
evidence tending To show -hat Tho bank
gave the defendant credit upon his gen
eral personal account. upor lis book. nn
arrount af interest ca'culaie3 upon the
rfty's money there ar rtt tinr This
fhiuk Is shown 20 a Sufficient exter tc give
ft to the jury ty the evidence of t1e v-if-
f7es=ts Who made tre entries i~ .reea
books together wjtH enc books Themselves
Tnir8 aao also satisfied fHat ttt ess teree
tends .o ehe~ tFai q isre Hsrf. rr. fs racf.
ail cf sech credits given fo the defendant