The McCook tribune. (McCook, Neb.) 1886-1936, 1897-07-02
THE BARTLEY CASE.
what I. Being Brought out In she Invcs-
tgatinn.

The defense in the Bartlcy trial rcst-
ed its case yesterday says .hc Omaha
Bee, after having had the right Of way
for four days. and the state commcnc-
cd introduction of evidence in rebut-
tai. According 10 the evidence intro
duced by Bartley. as viewed from his
standpoint, the state owes him $50, 900,
which he advanced from his private
fortune in order to- help the state out
tie introduced evidence which was
said To show that he had checked out
IF the Omaha National bank Sl00,OOO,
which was transferred To the First
National and Columbia National OF
Lincoln. and that he had placed in the
Omaha National $4,000 to the credit
OF the state, taking the money from
his own pocket. In this manner he ac-
counts for S240, 900, or S3S,OOO more
than the amount he is charged with
embezzling, hence the inference Is that
the state is indebted to him for that
amount of money. This evidence has
been introduced in n most ingenious
way and in 4 manner calculated TO be-
fog the minds of the jury and to leave
them in doubt rs to just what was
done with the money.
The -ebuttal of this evidence to be
introduced by the state promises to be
more closely contested than was the
introduction of direct evidence, and
several days will undoubtedly be con
sumcd before the evidence is all before
the jury. The state has yet to call its
experts, who have checked up Bartley'S
records.
Nearly ali of the tree hours of the
morning session of the tenth day of
the trial was occupied by the defense
in attempting to- get before the jury
the records of the state treasurers of
flee. showing the account of that office
with the three banks of Lincoln which
We're state repositories during 1895.
These banks We're the American EX-
change. National, Columbia National,
and Merchants National banks, and
the defense endeavorcd to establish the
fact that the full amount of deposit of
state funds to which these banks were
entitled under their bonds was kept in
them at all times, and that therefore
BARLEY was compelled 10 use Lincoln
bank which was not Il state depository
as 4 clearing house in order to deposit
remittances of county treasurcTS and
distribute them to authorized dcpOSitO-
ries through the clearing house in or
state funds separate, as required by
the depository law.
The contention of the defense is that
all remittanceS are received in the
form of checks. drafts, postal orders,
etc, and that the treasurer is compell-
ed to use some bank a. IL clearing
house III order to divide these remit
tances into the several funds covered
by them. and that She First National
bank IF Lincoln was used for that pur-
pose because the authorized deposito-
rieS had all the money they were au-
thOrizcd to receive.
All of this testimony was ruled out,
The ruling being based on che objec-
tlonS o: the state, 10 the effect that
even if this were true, il could be no
excuse for the treasurer TO remove the
money Of The state from the control of
the state by putting it in IL private
bank. and that if it were necessary to-
have Il bank as u clearing mouse, one
or more of the state repositories
Shout! have been used for tha: purpose.