Omaha daily bee., 1897-06-15
KELLEY, STICER & CO s8f sai 5;:s:a ';ts :s:.


bank and /, the addition of the $3.50, ,1O1.75
covered by the warrant in controversy would
not have resulted in making double entry
. offthe, same amount. }.--
Tie witness admitted that this was the
case. This course had not been taken by the
advice of the attorney general
The state objected to this question:. adding
that the advice OF the attorney general could
only be shown by the written opinion OF that
official
This objection was sustained and then the
defepse moved to withdraw from the jury
and strike from the record all the documen-
tary evidence, covering the records OF
the treasurer's Office and the monthly state
ments made by Bartley. The objection was
overruled and the statements were passed to
the jury for examination, the records having
been previously exhibited to the jury.
At the hour of the uoon adjournment the
state had given no Indication of resting its
case.
When court convened in the afternoon
Bookkeeper Wilson was called by the state
TO identify the bank balance book kept III
the trcasurer's office by himself, after which
the pages of the book bearing the account OF
the deposits kept in the Omaha National
bank during April and May. 1895, were read
TO the jury to show that the $3.50, ,lOl.75 re-
allied by BARLEY by the sale of the warrant
was, not deposited in any state funds in that
bank
Benton Maret, private secretary Of Governor
HolcOnlb, was called ana produced tne ldsl
bienn ial report made by BARLEY, covering the
years 1895 and 1896, which was filed with the
governor.
GOVERNOR ON THE STAND.
Governor -Slas a. Holcomb the next
witness He used two canes in taking the
witness stand and limped rather painfully
from the effects of rheumatism. The gov
ernor identified the report produced by his
secretary and said it was the only biennial
r report covering the same period which had
been made by BARLEY. He also Identified
his own signature endorsed en- the back OF
Bartley's official bond, approving the same.
The defense objected to any testi-
mony bearing this bend on
the, ground that the bond had been
approved after the time fixed by law
for such approval had passed. The objec-
tiUr Was loverruled, and the governor testified
further 'tllt Bartley's signature was attached
to ithA bond when IL was presented TO him for
approval
The biennial report referred to by the gov
ernor was in the form of proof sheets OF
the printed report of the treasurer. These
sheets we're fastened together with eyelets
and on some of the pages appeared correc-
tid,s as though made by proofreader.
On cross examination of the governor and
his secretary the defense sought to attack the
cradlbility of the report in Its unusual con-
ditiop aud also to establish the fact that ii
had been accessible to others in the Office
than the two witnesses
The report was oTeree "A evidence, At
torney General Smyth sts7.ss that 1t in
tr6dured for the purpose of showing the
cchdition of every fund at the time OF the
commencement of Bartley's second term,
together with the amount added to every
fund and the source from which 1t was ra-
rceiyei all going TO show that Barley had not
accounted in any way for the money realized
from the sale of the warrant.
Tho defense objected to the attorney gem
eral making any argument at this stage OF
the case, and the jury was instructed by the
court to disregard the remarks Of counsel.
Nine pages of the report were admitted in
evidence, and Assistant Attorney General
Smith proceeded to read the nine pages of
tables showing the condition of the several
funds including balances on hand January
3, 1895 with detail of receipts and disburse-
mens during the biennium following and the
balances at the expiration of Bartley's term.
At this point County Attorney Baldrige an
nouneed that the state would rest its case
and he also announced that he would enter