The Superior times. [volume] (Superior, Wis.) 1870-1912, 1896-06-13
EMBEZZLEMENT.


Superior people were not little sur
prised last Sunday to read in the morn
ing paper that warrant had been
issued for the arrest of County Clerk
o. X. Anderson, who is also delegate
to the Republican National Convention
to be held in st. Louis, on the charge OF
embezzlement of public funds. The
warrant was sworn out before Court
Commissioner Kellogg by Walter III.
Carter, and the complaint charged that
on Nav LIST, 1893, Mr.. Anderson, by yir-
tue of his office of county clerk, had IN
his keeping funds received by him on
behalf of Douglas county for the re-
demption of lands sold for taxes, for
fees received by him, and interest on
public moneys, in all amounting to
81 900, which he did feloniously en-
bezzle and frauGulently convert to his
own use, and also charges him with
drawing the salary for deputy who
had been appointed but who was not
working in the office.
Sheriff Hoehle made the arrest on
Monday morning and Mr.. Anderson
was taken before Commissioner hel-
logg, who issued the warrant, and his
hearing was set for Tuesday morning.
Mr.. Anderson appeared at the hour
set Tuesday morning, and asked for
change of venue, making an affidavit
that he did not believe Commissioner
Kellogg would give the cause an impair
tial hearing. The change was granted
and the case is now before Court Com
missioner Cooper. The attorneys We're
not ready to proceed, however, and the
matter was adjourned TO o clock We'd
nesday morning.
Mr.. Anderson appeared with his at
torneysW Wednesday morning and Heber
McHugh for the defense moved a dis
missal of the case on the ground that
the court commissioner did not have
jurisdiction and for the further reason
that the complaint did not state facts
sufficient to constitute a crime. The
motions were denied, and District At
torney Sloan was asked to make state
ment of his case.
The district attorney said that he ex-
peCted to be able to prove that the sal
airy allowed the deputy county clerk
during the period of time intervening
between May and Nov. /, 1898. was
drawn by Mr.. Anderson in the name OF
Deputy County Clerk 5. +. Carpenter,
and without authority from the deputy
clerk, and that he converted the same
to his Bn use and spent it. He stated
that he should not attemptto prove any
facts other than those showing CONVEX
sion of salary supposed to be paid to
the deputy, but was non-cOmmlttal
when asked by Attorney, McHugh to
admit that the books so far as tax money
was concerned were correct, saying he
had not gone into that matter. By
mutual consent report OF the county
board proceedings, Dec. I, 1892, was
introduced in evidence showing that an
appropriation of 81 900 was made by the
board for deputy county clerk.
Mr.. McHugh, for the defense, argued
that this money was set aside by the
board for Mr.. Anderson and that II he
had not turned it over to his deputy,
Mr.. Carpenter, it was no affair of the
Countv's, but matter to be settled be-
tween Mr. Anderson and Mr.. Carpenter.
Mr.. McHugh again moved for dis
missal, but Commissioner Cooper over
ruled the motion temporarily, saying he
had several doubts in the matter and
wished a little time to look up some
points, and the court adjourned to Z
o'clock the same evening.
At the evening session the court com
missioner stated that he had examined
the charges, admissions of the district
attorney, the cases cited by the defense
and the minutes of tho county board
meeting GtlSFTtu ". Ilt SSllt INC ttuIiito
sions of the district attorney were very
unsatisfactory because from them he
could not tell how Anderson came by
the money. Mr.. Cooper said: 'lf 1t is
admitted that it was money of MIR. Car
penter, which Mr.. Anderson took openly
and thought he had the right to take 1t,
1t would not be embezzlement. | can't
satisfactorily pass on this now and If
testimony is taken | will be in better
shape to pass upon it satisfactorily TO
both sides.
Attorney John 4. Murphy suggested
that the district attorney admit that
Mr.. Anderson took the money claiming
he a Il .yi,tlt - v't.-sGt attn" HEN MI
Sloan to do that, and suggested that it
might be stipulated.
After some further discussion be-
tween the attorneys, Mr.. Murphy stated
that the defense were perfectly willing
to hear any evidence introduced that
would enlighten the court. Both the
district attorneyand the defense thought
the case could be tried by a stipulation
of facts to he submitted to the court,
and the case was adjourned to 8 O'Clock
Thursday morning.
The attorneys spent Thursday morn
ing trying to arrange satisfactory basis
upon which to proceed, and finally one
OF MIR. AndersOn's attorneys moved to
adjourn the case until the first of July,
as 1t was necessary that Mr.. Anderson
start for the convention at once. Ger
tain stipulatiOns were agreed upon and
the court consented to an adjournment.
Thus the matter stands for the present.