Omaha daily bee., 1896-05-09


that the entry as Il last appeared on the
books wac necessary as an offse, Of The
amount charged against the several grading
districts. lilo said 1t would Se vc"y easy 10
trace out this entire transaction III one
would take the time to 40 IT," but he didn't
take the time.
Passing to another feature Of the case,
West said there was no controversy that
there was a shortage IN the city funds Of
to send Henry Bulin to tie penttentiary on
this account Dolln had given a good bond,
he said, and the taxpayers would never lose
a cent, as the bondsmen were some Of the
best citizens Of Omaha. This amount, he
said, was made up OF advances to city en-
ployes and others who were entitled to re-
ceive money from the city. together with
other items which had since been paid.
Referring to the slips in the cash drawer
charged to Bolln, West argued that the
fact that the slips were placed in the drawer
was a proof that Bollu had no criminal
intent.
Tho reliability Of the experts was touched
upon In closing and the errors which Wise
had admitted having made were commented
upon as showing that the evidence Of the
experts was not to be depended on.
MAKES A PLEA FOR SYMPATHY.
After n short recess Attorney Mcfarland
commenced his argument, opening with the
same tragic exclamation which character
lied the opening Of his argument at the
first trial: Cruelty him! cruelty himl
are the words which come to us down
through the centuries of the worlds his
tory" His argument was addressed to the
syinpathies and prejudices of the jurors
and frequent references were made to the
effect a conviction would have upon his
almost dying wife and his little ones" AS
at the former trial, Mcfarland started upon
a personal statement, explaining Why he APP
peared in the case and dilating upon the
abuse which had been heaped upon him.
When this had continued several moments
tho county attorney objected to the counsel
dragging in matters not In evidence. Judge
Baker notified Mcfarland that he would
be confined strictly to the evidence and
must not bring in outside matters.
mcfarland objected very strenuously to
being confined to the evidence, but the court
was firm and after several sharp passages
mcfarland continued his argument to the
jury. II was painfully evident that he was
greatly nonplussed by this ruling. He stun
hled along and nCundered about like a ship
without a rudder. He soon drifted back
into his personal explanation and was again
called down by the court. 1t was several
minutes before the effect of the second scor-
ing wore away and then Mcfarland took up
the evidence and discussed it.
Referring to the shortage, he admitted
there was about $40, 900 whitehead not been
accounted for, but this might be easily ex-
planned by the fact that Bolln's salary for
us tIhlllt ltIh dlllOuIlltu W lhlo SUM- Dt
state had shown that warrants for Bolln's
salary had been drawn and stamped paid"
but the state had not shown, he said, that
Bolln ever got the cash on them. The sum
of $50, 200 might also be accounted for by
the slips, ETC., found in the cash drawer.
There was no evidence, he said, that these
clips had not since been paid.
Tho experts came in for their share Of at
~tention, but the reference to them, as com
pared with the vicious and merciless on
Elauubt Mt the former trial was as a sum
mer zephyr compared with a violent tor
nado. Their work was reviewed and the
jury was cautioned that the experts might
be mistaken"
1t was argued that the city or school
board could not possibly lope anything If
there was a shortage in any fund. The
bonds would cover every possible loss. What
possible use is there" said Mcfarland, 'of
sending Henry Bolln to the penitentiary?
1t will not do anyone any good and will
only serve to ruin him."
At the conclusion Of Macfarland's argu-
ment Judge Baker announced an evening
session, commencing at s O'Clock.
READY FOR THE JUDGES CHARGE.
When court convened at 8 o'clock last
evening, County Attorney Baldrige COM
menced the closing argument in the case.
After explaining to the jury in detail the
several counts in the Information and their
relation to each other, Baldrige discussed
the several checks, which had been intro
duced in evidence, and showed how these
checks proved that Bolln, within less than
sixty days after taking possession of the Of
flee, had commenced his populations, and
had continued these acts during his entire
term at short intervals, the amount shown
to have been taken during the first six
months being about $40, 900. One after an
other, Baldrige picked up these telltale
checks and slips, commenting upon each in a
clear and concise manner, making a telling
array of the most damaging evidence.
Passing to the other evidence, Baldrige
dissected the testimony and explained the
entire transaction to the jury in a clear
and forcible manner.
At the conclusion of Baldrige's argument
Judge Baker was about to instruct the jury,
when Jean Schons, one Of the jury, re-
quested, on behalf of his associates, that
the charge to the jury be deferred until this
morning, and the request was complied with.