The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1897-10-28

Mr. Wards direct examination was con
ducted by {. ". Fulton, a. follows.
Mr. Ward, you are the defendant in this ac-
tlon' Yes sir
How old ate sou. Ben. lGm9
How long have YOU resided in this county
! do not remember exactly. I think It was in
70 when We came here, About that
When YOU came back, Yes sir.
Arc you a mAn Of family Yes sir
ili' charged here against you that you have
u,vl A.d appropriated to your own use a large
amour, q county money, rI,9S2.2l. Now,
want you to explain to thi, Jury, what, II any
sum you have used Of this money. Did you use
any Of H. No sir, l have not. Tina, Is to my
0wa Ne.
! Have Sou used any Of 1t Tor private purposes.
| You. yourself did once when /. W Case
made al assignment or failed. We hsd dePos-
tied between $3.50 aud sleOO thibk lilsabout
that, somewhere In that n,ighborhood, The
day hc made the assignment, went over there
and spoke TO HIM about our money in there
and he said that as /; was county money and
tha' and my boudsmen would be responsible
for 1t; that he would pay /, ali but the amoutt
t..c firm was owing to him,
Mr. Full on-Go on, Ben.
And he told ME 10 come in again and get 1t
paid, about the time the bank Wa, closing.
The mex, day, think It was Invent over into
the bank and he paid me 1880 aud something;
the difference whatever 1t was, hut held out
$500
This 500 that they have been talking about.
The entry in Mr.. Cases book. That is you sup.
posc' YeSSr, I>uppose So.
Dd you draw any check for it, or did he hold
1t GU am unfer the impression that
drew a check for it but do n remember.
What business was MIR. Case in at that
time: In the banking business.
You had deposited that money there as
county treasurer Yes, sir
And he told you that he would pay you
this on the side outside Of the assignment?
Being public money he stated he would pay
It II we would allow him to retain this.
Why did You do its thought myself and
bondsmen were responsible for the whole
amount, and after he failed l did not know
whether he wou d. pay 80 cents on the dollar or
the whole, and / considered II business
proposition to taEeall could get.
Mr. Allen interposed an objection to wit
ness being led.
Now, Ben, who kept your accounts and
actually acted as treasurer Mr.. Howell.
Why? l did not understand bookkeeping.
was never educated.
MIR. Allen--I object TO any testimony ON be-
half OF the defense that Mr.. Howell acted as
treasurer.
The Court-The objection is overruled.
Mr. Fulton--Go on, Ben. l did not under
stand bookkeeping and knew was not quail
flied to keep the books and Mr.. Howell did,
and Iappointed him as deputy to take charge
OF the books and do the business.
Now, were you and he associated in bust
ness at the time you first went into office
Yes, sir, and up TO the beginning of last July.
ON the Srd, think, of July.
Did you have confidence in him. Yes, sir.
As to his integrity? l had. l trusted him.
Now did you have anything at all to do
with the keeping of the books or accounts
either of your store or as treasurer The
only book ever did any writing in, among
the trcasurers books, was Il register When
Howell was out would write in that book
If man brought in any warrants to be reg
istered
Now, when did you first discover that he
had misappropriated any Of the funds, II you
did discover it? 1t was some time in May.
OF what year? The present wear.
Explain to the jury. Howell called me into
the Office one day and said they had heard Of
so e money in the firm belonging to the county