Omaha daily bee., 1897-05-20
MUST co TO PRISON
Henry BOlln Again in Charge of Sheriff
Mcdonald.
NO HOPE FOR The EX-CITY TREASURER
Supreme Court of Nebraska Passes Upon
the Case Finally.
DECISION OF THE LOWER COURT AFFIRMED
Judge Bakers Sentence of Nineteen Years.
Imprisonment Stands.
EcISIoN OF THE LOWER COURT AFFIRMED
DEFAULTING OFFICIAL AGAIN IN CUSTODY
story OF the Looting OF the CitS
Treasury of One Hundred and
Five Thousand Dollars
by Henry Bolln.

The Nebraska supreme court, at It's sit
ting Tuesday, affirmed the finding and SEN
tence of the district court in the case OF
Henry Bolln the ex-city treasurer who was
charged and convicted OF embezzlement OF
sl05,000 Of city funds while holding the posi-
tion of city treasurer of the city OF Omaha
After two trials Bolln was convicted May
., 1896, of embezzling $lO5. 900 and was sem
fenced May 16 1896, by Judge Baker to con-
fnement in the penitentiary for nineteen
years and to pay fine aggregating s2ll 900.
The case was appealed to the supreme court
and Boln was released June Z, 1896, on $780,
600 bonds, with his brother, Claus Bolln, and
his brother-in-law, Hans Beckman, as
sureties.
Following is the syllabus OF the opinion by
Judge Norval
Bolln against State. Error from Douglas
county. Affirmed. Norval, judge.
ICES prosecntions % of feonies % by tnforma rop
ton filed by the public prosecutor of tho
proper county.
2. A denial of a jury trial upon an issue
of fact rendered by plea in abatement Is
not reversible error since the record fails
manner prejudiced thereby.
3. 1t is not essential to the validity of an
Information that it should conclude
"SaiiiSt lhS p'iSt ulSlllNy VI lHo
state.''
!, An opinion formed by juror does not
affect his competency afford cause for
challenge, unless 1t is unqualified as to tho
guilt or innocence of the accused of tho
otense charged Basye against State, AZ
5. An opinion based upon rumor and news
paper reports alone does not afford cause
opinion will not Interfere with the Jurors
rendering fair and impartial verdict upon
tho evidence under the instructions of tho
court
6. Under section 124 of the criminal code
the failure of any public officer to account
counts with the proper legal authority
within reasonable time after notice SO TO do
as Se o his oser to
public moneys or securities the legal re-
reqgremnt en :, Of #. any anthorised officer i
!. Held: That the accused was not preju-
diced upon the trial by the giving of the
fifteenth and sixteenth paragraphs of the
charge of the court.
s. Evidence examined and held sufficient
to warrant a conviction for embezzlement
of public moneys.
9. Under an information against public
date, evidence of continuous series of con-
versions of money by the defendant at diff
that date will support "A verdict finding tho
aggregate sum as the amount of single
embeZZlement
TO- The disbursement of public funds by a
city treasurer except upon a warrant drawn
by the proper authority constitutes embez-
Element.
II. A custom or usage repugnant to the
commands of a statute will not prevail
against such statute.
H. In a criminal prosecution the presence
Of the defendant at the e,, trial la being being once
have continued to the end, where the con-
trary is not made to appear.
The story of the defalcation of Henry Bolln
Ia long He had been many times
honored with positions of trust and was gen.
orally regarded as one of the most reliable
and representative Germans in this county.
He served two terms as county treasurer, one
term in the legislature and was serving his
second consecutive term as city treasurer
when the discovery was made that he was
short in his accounts.
The climax .ame June Is. 1895, although
there had been mutterings and Indications
of impending disturbance for several weeks
prior to that time. On the date named Bolln
was reported missing and in short time the
report was sown broadcast that he had com
| mitted suicide to avoid the disgrace which
must follow the discovery of his misdoinga.
The entire detective force of the city was
charged with the duty of finding him, dead or
alive, and he IVES finally located, late In the
afternoon. in a road house northeast or tho
city. He returned to the city with the police-
man who found him and was taken direct
| TO the city hall, where a number OF his
| friends had gathered. He was under the in
| fiuence of liquor and after several attempts
had been made to get an intelligent state
ment from him the effort was abandoned until
the next day, when Bolln admitted that he
might be short in his accounts, but said the
| amount would not. exceed S25 600.
LOCATING THE SHORTAGE.
Bolln'e bondsmen took charge OF the
Office until successor to BOlln was ap-
pointed and then followed a long examina-
tion into the records Of the office during
the entire time Bolln had been in the Office.
As the time passed the shortage grew apace
and when IL was completed In January, 1896,
the experts who had checked the books re-
ported that the shortage was over $4,000.
When the amount was definitely learned
the county attorney filed an information
| against Bolln charging him with the embez-
element Of this money and he was tried in
the police court and bound over to the dis
trict court
In the district court the trial OF the case
was commenced April 13. 1896, and lasted
over two weeks. The testimony was very
voluminous and a hot fight was made by
Bolln's attorneys, j. NJ. Mcfarland and j. w.
West The jury was out several days and
finally reported that It could not agree.
The jury was discharged.
May 4, following, second trial was COM
| menced. This hearing was much brlefer
than the first trial, and a verdict OF guilty
was returned May 9, the jury finding that
Bolln had embezzled sums aggregatng SlO5,-
900.
Strong efforts were made to secure a new
trial, but without avail and on May 16 sem
tence was passed by Judge Baker as stated
heretofore The case was appealed to the
supreme court Of this state, Bolln In the
meantime being confined in the county Jail.
The supreme court was asked to release him
on bond and this was granted, the bond being
fixed at $4,000 This was given shortly
afterward and Bolln was released from con-
hnement pending the decision of the supreme
court,
UNDER ARREST AGAIN.
1t was shortly after 1 o'clock yesterday
afternoon that Henry Boln was
placed under arrest at his home
by couple Of sherh's deputies.
He at once quietly proceeded with them to
the court house, He was escorted to the
sherins Office and given over to the care OF
Deputy Lewis Greebe He selected a COM
Portable arm chair near the center window
and picking up the mornings copy OF The
Bee interested himself In its local news until
the arrival OF his attorneys.
To Bee reporter he said: ~ wieh 10 say
nothing at all at this time ! have Just tele-