The Portland daily press., 1897-12-09
HYBERTS GUILTY.
Judge Rebinson's Decision in an
ENLIGHTENMENT Case.
A LENGTHY TRIAL OF A CASE IN
YOLVlNG 1851.

Wsaving-He Claims That His Was
Not Criminal Offence and Will Carry
the Case to the Higher Courts.
With the amount involved 1851, the
case of Christian Hyberts, who is accused
of embezzlement, has occupied 1.-The great
er part of the sessions Of two days in the
Municipal Court, and during the course
| of proceedings o number of questions OF
law have. bsen raised. Hyberts Is the
young man who has been. employed by
Mrs. Dorothea Hansen to deliver milk to
her customers. AS has been already re-
ported, Hyberts is accused of rendering
to Mr.. g. B. McGregor one of the takers
OF milk, bin OF S14.91, and giving to
Mrs. Hansen only 1910. The State
claimed that the difference he embezzled,
and that this difference represented the
money Mr.. McGregor should have paid
TO Mrs. Hansen for milk delivered in ex-
cess OF the regular amount, and of which
HyDerts had made no report to Mrs.
Hansen. Hyberts admitted that he
| changed the bills to include the extra
amount Of milk furnished, but claimed
That he was doing business on his own
account unknown to Mrs Hansen, and
Vnat the S5.sl was paid for the milk that
Nc mad delivered at the house of Mr..
McGregor In this little venture of his
own, which his counsel, Fred v. Chase,
esq, admitted was net morally right,
but said was not such an offense as
tnas charged in the complaint. On Sat
urday the case had progressed to point
Where the defence had been outlined and
Hyberts had told his story. 1t was then
adjourned TO give Assistant County At
torney Allan opportunity to meet the is
sue raised. When proceedings were re-
| sumed yesterday, Mr.. Allan began the
cross examination of Hyberts.
In answer to his questions Hyberts
said that he went into the milk business
on his account about August 28 last. He
continued the venture until Nov. 1, or
NOV. 2. When he began he did not think
it was a bad practice. When he took
milk from Mrs. Hansen's premises, he
had it in two gallon cans. He carried
two measuring cans, to be used in ap-
portioning the milk to the customers.
The milk Ia turned into the measuring
cans, also, SO that it may be stirred up
and all the customers get milk of the
same quality.
The witness denied that anything had
been said to him about the employment
of another person to make collections
M1Se Nv xLa
asked to produce his note book and find
the name McGregor. Mr.. Allan called
the attention Of the witness to the fact
that the name was spelled differently in
the notebook and in the bills. The wit
| ness said that he wrote on his team Ejust
as he remembered.
'Did you write those bills on the
street?''
81 did,
"How does it happen that they are
written with pen?''
81 had a pen with me.''
what kind Of a penn"
can ordinary PEN"
edo you carry Ink in your wagon?" !
Sometimes I do
How does it happen that while 1.-THE
bills are made out in ink your name is
signed with a lead pencil?''
The bills were not paid at the time
they were delivered
tDo you say here and now that these
bills are made out in your handwriting?''
81 do"
Hyberts said he bought milk on the
street of Mr.. Johnson.
After some more questions as to the
amount of milk bought at various times
and the manner of it's delivery Mr.. Allan
handed Byberts three more bills and
asked him If the signature was his. AT
ter some hesitation Hyberts concluded
that it was not, and said he would SO
swear. In the case of fourth bill, he
thought the signature was his. Then
Nh. Allan asked how much money was
received by Hyberts when this bill was
presented.
Mr. Chase at once said that he should
interpose an objection if the bill was to
be offered in evidence. This was bill
rendered in January last, eleven months
oSc' AAO PAO5oACd blietb INC puTpOSS Ol
Offering the bill was to show fraudulent
intent. Such evidence could be intro
duced only after the establishment Of the
fact that the respondent had taken the
property of Mrs. Hansen. In this case it
was claimed that the respondent had kept
the money to which he supposed be had
right. The. government had not shown
that this money was the property of Mrs.
Hansen, and until that was shown the
bill was inadmissible.
Mr.. Allan replied claiming that the
bill might be offered as a part of the evil
dence with which the State combatted
the point raised by the defense.
Judge Robinson found the point we'll
taken, and the question was excluded,
Loren Johnson, of East Deering, was
next called, and answered by the aid of
an interpreter. Mr.. Johnson is a Norwe-
gian, an elderly man, who has not mas
tered the English language. He testified
to selling milk to Christian Hyberts in
September and October. He delivered the
,,,iJlr m HvheTstS in tho citr Snn1efi i'm ae