The San Francisco call., 1897-11-05
uYROu VHIDDBN
IS NOT GUILTY
A Jury Acquits Him of the
Charges Made in the
Indictments.
Instructed by the Court That
There Was No Evidence
to Convict.
Not Likely Now That the County
Will Ever Recover the Lost
Money.
OAKLAND OFFICE SAN FRANCISCO CALL /


908 Broadway, Nov. a. J
Alameda County has added one more TO
he list Of original discoveries. There is
a hole in her treasury. about $500 miss
ing and nobody is guilty OF taking II nor
does it appear that there are any legal
methods by which the responsible party
can be found. Already two years and a
half have passed in all effort to detect the
guilty party, and to-day jury unanl-
mous!y declared, at the suggestion of the
court, that Auditor Myron Wbidden has
been unjustly accused and that the lndict-
ments issued by successive Grand Jurles
were not based on facts.
At the conclusion of the evidence yes
terday arguments were made as to the
status of Mr.. Whidden, whether he was an
agent or clerk of Tax Collector Rosbor-
ough when it was alleged that he received
the money from certain tax payers. His
attorneys d. clared that he was not such
agent and therefore could not have been
guilty of EN- beZZ ing public funds.
Jude OGDEN reserved his decision on
the point TIL this morning, when he de-
cided tnat there was nothing before the
court to show that Whidden was an agent
or clerk of Ros borough, and that he could
not have received from outside sources
| funds belonging to the public treas urv,
and, therefore, could not be charged with
the EN- bezz ement of public money.
On the other hand he held that if any
money had been passed from The wit
nesses who had so testified to w hidden, 1T
was handed to him as a friend OF the
giver and not as an officer OF the county,
and while he people who had paid the
money over to Whidden, if they did pay
iuht hrn n
| recover the same charge OF EN- bezze-
ment could not be main tanned against the
defendant.
Judge Ogden held that it seemed to him
there was not sufficient evidence before
the jury 10 warrant conviction, and he
would therefore advise them to bring in
verdict of not guilty. The jury was given
three blank verdlcts, one being for guilty,
another not guilty. not guilty because OF
variance, and the third not guilty. After
tew minutes they returned, and Fore
man j. NJ. Bassett announced verdict OF
not guilty. Judge Ogden remarked that
it should have been not guilty on the
ground OF variance, and Attorney Moore
objected TO the court invading the privi-
lrge of the jury, an objection TO which
JUDGE Okden agreed.
This ends the celebrated case that has
been before the court for over two years,
! and has resulted in nothing. The m oneY
is missing from the treasury and there is
| now no hope of it being recovered. The
| parties whom it is al eyed paid their
| taxes to people other than the Tax Col
ector or his agent, and whom, it is al
lie. ed, did not turn them into the treasury,
have their legal receipts. and also have
the knowledge that their tax bills are re-
| ported as paid on the county records. 1t
will not be to their interests to try to re-
| cover by civil process. because legally they
have nothing 10 recover. The county,
through TWO grand juries, has tried to COL
lect the money ana has failed, and it is
not likely tn at any further steps will be
taken in the matter.