Omaha daily bee., 1895-12-08
HILL IS NOT RESPONSIBLE
Jury Returns Verdict Completely Ex.
onerating the State Treasurer.
INSTRUCTIONS OF THE SUPREME COURT
Reversal of the Ordinary Rule of
Business in Regard to Deposits
Applied to the Detrimcnt
of the state.

LINCOLN, Dec 7.-(Specal) 1.-THE second
and last trial of the case of the state against
eX-Treasurer Hill and his bondsmen is
ended. At 2:30 this afternoon the jury re-
turned the following verdict: I'VE, the jury
impaneled and sworn in the above entitled
cause, do find for the defendants
''P. JANSEN, Foreman"
The jury also signed the special verdict
sent in with 1t by the court. This ends the
second and last attempt of the state to re-
cover on the bond of ]. e. Hill for state
money deposited in the Capital National
bank, which was wrecked by C. w. Mosher,
its president The amount lost was $780,
S6l,F The jury in the former trial last
May disagreed. The jury in this trial con-
sidered its verdict less than an hour.
The instructions given by the supreme
court excited considerable comment. Mr..
Lambertson in his closing remarks to the
Jury said that II they were good law there
was not a bondsman In the state who could
be held on his bond and that for twenty-five
years the bonds OF state treasurers had been
practically worthless. Following are the
general instructions read to the jury at noon:
INSTRUCTIONS TO THE JURY.
l. By this action the state of Nebra ska
as plaintiff. seeks TO recover from j, e. Hill
as principal, and the other defendants as
sureties on the official bond of the said
ending in January 1893 Several questions
have been eontroverted during the trial. al
those issues to which your attention Is espe-
clally directed by this charge, all others
presenting questions OF law, for which the
court Is alone responsible.
BY taking the oath Of office, procuring
his official bond to be approved. holding the
en.oluments thereof during the entire term,
the defendant, Hill, is estopped TO deny his
liability on said bond, and such .estoppel
fendants-hIs sureties.
3. II is undisputed that Hin, at the close
turned over to Joseph 8, BARLEY. his sue
cessor, In settlement, three certificates of
senE ssPSs q 'hg Sapsi NsG9a bank
since realized SIS, ,99602, and no more. This
suit is to recover 296.s6i.57, the difference
the receiving. of said certificates by Barley
did not constitute a payment except for the
SAID amount actually realized thereon. The
uncontradicted evidence further dlscloses
that Hill, as state treasurer at the end of
his first term had taken credit with the
Capital National bank upon open account
the sum of sl77,iS9,Si, and also held certid-
Gates Of deposits issued by said bank, aggre-
gating 10000; The defendants contend that
part, II not all OF these credits, was car
RED through his second term. and merged
m to Barsy hsy are OSet
liable in this suit for the amount of Hills
e,eait with said bank at the commencement
he may have converted the same into
money.
L. You are instructed that the payment
of money In the hands of state or county
treasurer at the termination OF his Office 10
his successor can be effectuated only by
the delivery OF that which by the law of
the land Is recognized as money. The mere
delivery Of certificates of deposit issued by
a bank upon which no money is realized is
not payment.
8, II follows from the foregoing rule that
the defendants are not chargeable in this
action for the amount Of the defendant
Hill's credit as state treasurer with the
Capital National bank at the commence
ment of his second term. whether repre-
sented by certificates OF deposit or open
bank account except for the money. II any. |