Omaha daily bee., 1895-12-07
ONLY ONE FACT FOR THE JURY
Supreme Court Limits the Scope Of the
Twelve Men III the Hill Case.
JUDGES WILL DECIDE THE MAIN POINTS
Discussion of the Legal Points In
volvcd Concluded ana Argument
DO the Jury Commcnccd-End
Expected This Forenoon.

LINCOLN, Dec. 6.-(Special. )-Judge
Wakeley made the argument for the state
this morning on the law points involved in
the Hill case. lie vas preceded by Attorneys
Gown, Broadly and Ames for the defense.
Messrs. Broadly and Gown devoted the major
portion Of their time to discussion Of the
state depository law and its connection with
the case at the time Hill turned his office
over to BARLEY. Mr.. Ames, in his discus
sion Of one of the legal propositions said that
accepting the pleas Of the state and the facts
that counsel contended existed at the time
Hill had gone out Of office, the fact still re-
mained that Hill had turned over all the
money he had received from his predecessor.
Willard. More than this, he had turned over
the same kind of funds which he had re-
ceived when he first took the Office Of treas
urer of the state OF Nebraska.
Just previous to the noon adjournment
Judge Wakeley asked that the court hear fur
ther argument ON the law points involved.
Chief Justice Norval announced that de-
cision on this question would be rendered at
p. m. On reassemblng at that hour the
chief justice said that the court would hear
no more argument on the law points, as
they had been quite exhaustively discussed
in the previous trial. Meanwhile the court
would take an intermisson for the purpose
counsel on either side of the case At As
court reconvened. Chief Justice Norval an
nounced that the court had decided to permit
counsel to address the jury on the subjects
OF the amount Of money received by Hill
during his second term of office and the
amount turned over by him to BARLEY.
Counsel were enjoined to limit their argu-
ment to these points. Instructions to the
Jury, he said. were being prepared. The
state was given three-ffths of the time to
open and close to the jury. BY the decision
OF the court there was left but one question
Tor the jury to pass upon.
ARGUMENT TO THE JURY.
IN his opening remarks Mr.. Lambertson
called attention to this and said that he
judged from the tenor of the courts de-
cision that all other questions would be mat
ters of law and would be passed upon by
the court. 1t had been alleged in the plead
ings that ex-Treasurer Hill had on hand at
the time Of the transfer of his Office to Bart
ley $l,4 ,556.42. or this sum all but $685.
900 had been legally transferred to BARLEY
Hill had received from his predecessor two
certificates Of deposit of $50, 900 each The
attorney, however, claimed that evidence
showed that during his term of Office Hill
mad merged these two certificates into one for
100000. and subsequently converted a por-
tlon OF this into an open account, the result
OF all his manipulation being to practically
treat all his bank accounts as money OF the
$4,000 certificate Of deposit, BARLEY had
about exhausted that when he checked out
nearly $4,000. This was on the principle in
commercial practice that the older accounts
are the first drawn upon.
Mr. Lambertson, in tracing the history of
the $2S5,000 in certificates OF deposit turned
over to Hill, showed from the evidence that
the major portion Of that sum had been re-
ceived during his second term in money
from collections Of cash made for the state
by the Capital National bank. Defense had
claimed In its pleading that Hill had received
ALL or nearly all, of the $2S5, 900 in certifi-
Gates of deposit from his predecessor, VIII
lard.
Mr.. Deweese for the defense followed
Serious objections were made by counsel for
the defense to beginning pleas this even
Ing. Mr.. Wheedon suggested to the court
that the defense had not prepared for any
addresses before tomorrow morning. But the
court insisted that a portion of the pleas
for the defense be made tonight. One ques-
ton was. said Mr.. Deweese, has a proper
accounting been made by Mr.. Hill? In COM
mercia transa ctions. the same facts exist
Ing, one private party could not recover
from another. Why should the state recover
In this case? No one had ever accused Cap
tain Hill of having profted from this trans
action. Everything had been done under the
state depository law Mr.. Deweese spoke
until the hour of adjournment.
The closing arguments to the jury will
be heard tomorrow morning, and it was the
expressed wish Of Chief Justice Norval to
give the case to the Jury before noon.