Omaha daily bee., 1897-12-01
MOORE GETS EIGHT YEARS
Convicted Man Must Serve Time in the
State Penitentiary.
sENTtEc: PASSED ON fx-srATt AUDITOR
First Fixed nj Ten Years, but His
Wifr's Flea Secures n Reduction
Moore Says He Trusted
Men Who Fnilcd Him.

Men Who Fnilcd Him.
LINCOLN. Nov S0-Cspecial Telegram -
District Judge Cornish TINS morning sen
fenced Eugene Moore to eight yeare at hard
labor in the peritentiary aud 70 a fine Of
S46,41610. being double the amount Of the
embezzlemeut.
Moore was asked IL he had anything to
Say ana mode talk Of over FIVE minutes,
in which he said that he had never intended
TO do wrong, but that friends to whom be
had entrusted money had failed him when
1t was needed, which was the reason for the
shortage. lie said that some had totally re-
fused to help Since the case had been com
menced he had made every effort to raise
The money. hut had failed. Now, no matter
what the final outcome Of the case, he in
tended II he lived long enough, TO pay back
every dollar He asked for the leniency OF
the court
Judge Cornish, in passing sentence. said
that the case was an aggravated one ana
that the plea OF the defendant had been one
Of guilty. In some localities corruption had
become so common in city and also IN state
Affairs that there was a great demand from
the people that juctice be meted out. The
perpetuity Of the government OF our glorious
country was at stake He then pronounced
a sentence Of ten years
Mrs. Moore, who had gone to the SIDE oil
the now weeping defendant, made an appeal
20 the court for mercy and the court stated
that on account Of the devotion OF Moore
wife and children he would take on two
years.
Judge Norval of the supreme court has de-
clined the responsibility of passing upon q
Bupersedas bond, stating that the court De
cided that hereafter those matters must be
taken up before the full court al regular sit
bp pyt
is one week from today. In the meantime
Moore has been remanded to the care OF the
sheriff. The attorney general states tha' ne
will not insist on the sentence being put
into effect until after the expiration OF thirty
days,
FILE THE APPEAL
Shortly after noon the attorneys for Moore
filed their appeal and citations of error IN
the supreme court, the title being Eugene
Moore plaintiff in error, against State OF
Nebraska The petition in error reads as
follows;
The plaintiff complains Of the defendant,
for that on the Both day OF November. iss,'
the defendant recovered Judgment against
the plaintiff herein in the district court
of Lancaster county, by whicl the plalntlu
tenfiarv Of the state Of Nebraska for the
period of eight years and that the plain
iiff nav a fine OF $464lG1O and the costs of
tbe Trosecution taxed at $ in an action
pending in said court wherein the plainln
herein was defendant and the deiendahl
herein was plaintiff A transcript OF the
proceedings in said cause containing said
iinal judgment is filed herewith.
The plaintiff alleges that there IS error
in the said proceedings and Judgment III
this: .,, 49,. .,..,,
tff's motion in arrest OF Judgment ana
sentence in said cause.
2 The facts stated in the information IN
said cause are not sufficient 70 constitute
q crime under the laws OF TINS state
8. The facts stated in sala niQrtn3 IA lioI i
do not charge crime against TINS pam
4 The facts stated in the said informa-
ton are not sufficient to- constitute the
crime of embezzement under the laws OF
this state. and are not suthcleht ana 90
NOT charge this plaintiff with such crime.
The facts stated in said information
do not and are not sufficient to charge this
plaintiff with the crime of emhezzlement
under section 124 OF the Criminal CODE OF
g This plaintiff as charged and described
in said information is not an officer charged
with the collection receipt, safe Keeping
transfer or disbursement of any OF the
The money described in said informa-
tion is not was not, and never was the public
moneys or the property of tins state.
s This plaintiff as is shown in the facts
stated in said information, never received
the moneys described therein as an oIhcer
.. The moneys described in said informa
tion We're never received by this plaliLlH
by virtue of or under tine color OF ms
Office as auditor of public accounts of this
state, all of which app ars upon the face
10 The court erred in overruling the
plaintiff's motion for a trial.
IL 1t appears upon the face Of the SAID
Information that at the time the money
described therein was paid TO plaintiff there
was nothing due from the insurance com
panies to the state OF Nebraska, and the
defendant is estopped to claim the owner
ship of said money.
10 The court erred in passing Judgment
and sentence upon this platntin.
The plaintiff therefore prays that said
Judgment and sentence may be reversed.
that he be discharged from custody herein,
and that he may have such oGler and fur
Iher relief herein the law and justice
may require
Notice was filed In the supreme court and
served on the attorney general by MOOres
attorneys that they would apply TO the su-
preme court on Monday. December 6, 1897,
MT the hour of 1880 p. m, or as soon there
after as counsel can be heard, for an order
suspending the execution of the sentence
pronounced against Moore by the district
court and admitting him 10 bail pending the
nearing of the petition in error.