The Portland daily press., 1897-12-06
THE HYBERTs CASE.
Other Business Before the Police Court
Saturday,

charge Of embezzlement preferred against
him by Mrs. Dorothea +. Hansen by
whom he has been employed.
County Attorney Allan appeared for
the State while the respondent was repre-
sented by Mr.. Fred V. Chase, of the
firm of Seiders & Chase.
In opening the case Mr.. Allan said that
Hyberts had been employed by Mrs. Han
sen to handle her milk business and that
he received 1924 per month and board. 1t
was his duty to deliver milk to the var1-
GUS customers and make collections and
he was also supposed to turn over the
amount Of his collections every day to
Mrs. Hansen or her daughters.
MIR. Allan stated that Mrs. Hansen
became suspicious Of Hyberts and on in
vestigating his affairs learned. that he had
collected from G. B. McGregor, one of
her customers, the sum of S14.91 and that
he only turned over to her So of this
amount and it was for the enlightenment
of 1881 that Hyberts had been arrested.
The first witness called was Mr.. Nc
Gregor. but no sooner had he taken the
stand than Mr.. Chase arose and said
that he would admit that his client had
received the sum of $14.91 from Mr. Nc
Gregor as alleged in the complaint.
Miss Ella Hansen was called to the
stand and testified that she had been
keeping her mothers books for the past
two months. She identified book shown
by Mr.. Allan as the one in
which she kept her accounts but she was
not Obliged to make use of it for Mr.
Chase arose and said he would admit that
Hyberts had only paid her 1910 of the
money which he had received from Mr..
McGregor.
The witness Stated that it was her Gus
tom to make out the milk bills every
month and to give them to Hyberts for
collection. On November Goth Hyberts
gave her 1910 and said that was all he
had received from Mr.. McGregor. On
being shown the receipued bill given to
Mr.. McGregor by Hyberts the witness
said it.was 1otsthe nil she had madesout
Mr.. Chase admitted frankly that the
receipted bill given to Mr.. McGregor was
not one made out by Miss Hansen
Miss Mary Hansen testified that she
heard Hyberts tell her sister that 500
was all the money he had received from
Mr.. McGregor.
The succeeding witness was Mr.. j.
Henry Rines. He said that he secured
the receipt for the milk bill from Mr..
McGregor, and on the day after Thanks
giving he asked Hyberts if he had turned
over all the money he had received from
him, and he said he had.
Mr.. Chase asked the witness where this
conversation took place, and Mr.. Rines
replied at Mrs Han sens house.
what interest have you in this case?"
was Mr.. Chase's.next question.
Mr.. Rines replied, 81 have no interest
in the matter only to the extent that de-
sire to aid those who need help, and in
the present instance to prevent poor
widow from being Systematically
robbed. -
In opening for the defense Mr.. Chase
said, "Your Honor, the respondent is
charged with the embezzlement of $5.91
of the money Of Mrs. Dorothea +. Han
sen. Without explanation it would APP
pear as though he is guilty, but as a mat
ter of fact this money did not belong to
Mrs. Hansen, and consequently could
not have been embezzled. While 1 admit
that tho respondent has acted unwisely
and perhaps did what he had no moral
right to do, still L contend that he is in
nocent of the charge preferred against
him. The facts in the matter are that
Hyberts, although working for Mrs.
Hansen, was in the habit Of purchasing
milk every day from MIR. johnson of East
Deering and disposing of it on his own
account. l admit that 1t WAS not just
right for him to do this, but at the same
time l contend that there was nothing
criminal in such transaction, Mr.. Nc
Gregor was the only one of Mrs. Han
sens customers to whom Hyberts sold
milk which he had purchased from Mr.
johnson, and when he received the sum
of $1491 from him, S5.S1 belonged to
him. The. two bills which Miss Hansen
made out and gave to him for collection
only amounted to 1910, and she admits
that he turned this sum over to her. 2
He did not present. these bills, but made
"a lump sum of the entire bill and then
deducted what belonged to him.
1 do not see under such circumstances
how you can find him guilty of either
larceny or embezzlement, for he only
took what belonged to him.
Aside from this, Mrs. Hansen owes
Hyberts $50 for wages. She has dis
charged him. and I think that she has
been impelled to have him arrested by the
knowledge of the fact that he is going
into business for himself.
Hyberts then took the stand and testi-
fed to practically the same facts as his
counsel had previously outlined. He said
he had been in this country seven years
and a half, and went to work for Mrs.
Hansen two days after he arrived here
MRS Tx FRANCIS \ DRFW