The herald., 1897-06-19
Lowry's Case Obscured by
Contentious
ARGUMENTS HAVE BEGUN
SIDE LIGHTS UPON SOME OFFICE
PECULIARITIES
Damage Suit for $25Oo-Gustave
Samish Freed by Habeas Corpus.
Duan Flint Gets Two Years

The testimony in the case of Franl
E. Lowry, charged with embezzlement
is all in, and in all probability verdic
will be returned some time today.
The evidence permitted to go in OF
this trial was much less than at the las
trial of the case, for Judge Shaw helt
both the prosecution and defense strict.
ly to the letter of the law. 1t looks as Il
the Jury would be called upon to solve q
nice question of ethics. The prosecu'
tion has sought to show that F'ranh
Lowry obtained $1354 on three warrants
and there is no denial that he did re-
ceive the money-and put the amount
into his own pocket, or at least he ola mol
apply ii to its proper purpose. lie hlm-
self acknowledges that he did not enter
ii I'D on the fee book as ought to have
been done. But right there the hltcn
comes in, for the defense has claimed
that Lowry, in omitting to enter the
amount in the fee book, was acting un-
der instruction from then County Clerk
Ward, Some evidence went in to show
necessary and Mr.. Ward stated, when
upon the stand, that there was a short
age in the office of about $4,000, assumed
by him, it is believed, but not incurred
by him.
Mr. McComas wanted to know from
the defendant if he did not know that his
duty as a county officer required him,
under the law, to enter that amount on
the fee book, despite any Willingness on
the part of Mr. Ward to do wrong and
illegal act. The defendant simply said
he obeyed the orders of his superior in
the office.
And when the main arguments are
made today this side of the case, no
doubt, will be strongly presented. The
bare contention of the prosecution that
the defendant appropriated the money
to his own use is bound to be considered
in connection with the admissions of the
prosecution as to the shortage existing
in the office of the county clerk, anu
then, probably, some such difficult ques-
ton as outlined will present itself for
consideration.
THE GRAND JURY DISCOVERY
George Varcoe, chief deputy in the
county clerks office at the present time,
was the first witness called yesterday.
He testified to going into the office on
January I, 1895, when he received on
behalf of Mr.. Newlin $3.50 of the public
moneys. A portion of that sum was fees
received from the 1st to the 9TH instant,
and the remainder-about $11OO-was
trust funds The fee fund was shown by
! reSf fIIr n orc
transferred from one ledger to another.
There was fee account in the ledger,
and the $4O3.6O turned over vas the first
entry made.
T. H. Ward, called for further cross
examination, next went upon the stand.
The witness attention was drawn 70
what he had stated on the previous trial
the conversation he had with
Mr.. Lowry in the First National bank.
and then he was excused.
Clarence H. Lee, the grand jury eX-
pert at the time the shortage was dis
covered, testified to having exported the
clerks books from July l, 1894,
to July l, 1895. He stated that the sums
of $559.75, SS1O10 and $4S5S5, amounts
for which the three warrants were
II,
no record of the amounts having bean
returned to the county funds.
"How near did the books balance,
Mr. Lee?" inquired defending counsel
on cross-eXamination.
The objection to this question was
sustained. Mr.. Meserve stated that he
wanted to show that the books did not
show the $400 which Mr.. Ward himself
had conceded he was short, but the
court intimated that counsel must hold
himself down to the entry of the items
charged against the defendant. The
witness was then retired.
II. E. Storrs, the foreman of the grand
Jury in 1895. was next called. He tes-
lifted that F. E. Lowry was before the
grand jury and voluntarily made
statement. But the defense objected
and contended that any testimony taken
,ould only be used to rebut the allega-
ions of witness. The court took that
,iew, and Mr.. McComas was obliged to
'etire his witness without getting in
some important testimony from the
standpoint of the prosecution.
A DAMNING CONVERSATION
F. C. Woodbury.. deputy clerk of the,
upreme court in this city, next testi-
led. He stated that he was not present
at a conversation between Mr.. Ward
md Mr.. Lowry regarding the $1354 short
age, but he himself did have CONVEX
'ation with defendant in his office. Wit
less thought it took place on the day
hat defendant was arrested. Il asked
him." said witness, whats the mat
er?' and he said: I expect to be in
licted by the grand jury. I'm short in
ny accounts 1 said: why, Frank.
lave you been using the county funds?'
He answered: Yes l then said: Can't
Tou explain it?' He said Pm going to
ry,' and said he thought he could get
t from lady friend in St Louis. He
wrote out telegram in the front Office
Ind it was sent"
did you read that telegram?" in
luired Mr. Meserve on cross-examina-
ion.
Yes, SIR
"What was it?"
at read: Send me s250O at once
How long have you been a deputv
upreme court clerk?''
Since January Z, 1885,"
And dependent at that time on Mr.
Ward for your position?"
Yes, sir; l had no assurance"
You were not an intimate of Mr..
4owry's?"
"Oh, knew Mr.. Lowry very we'll"
Had he ever made a confident of Won
'efore?"
Il don't know that he did"
was ne ever close friend of yours?"