The herald., 1897-06-18

ent?" again essayed counsel
when I heard of the shortage" an
swered witness, II asked Mr.. Lowry
about it, and he said there was a short
age, and he supposed knew about it.
said did not, and would try and find
out how it came about. I went to Mrs.
Fowler, who had exported the books at
that time, and asked her how she had
failed to discover it. There was $1354
of shortage, and the conversation had
with Mr.. Lowry was in the First Ma
tional bank. I had several other con-
versations with him, and he said he
would endeavor to get some money from
friend to make the shortage good. He
didn't explain how the shortage had oc-
Cured.
Did he say who got the money!"
inquired the court.
He said he was short in his settle
ments. and had not turned the money
in," answered the witness.
did he get any money and pay it
back?" asked prosecuting counsel.
mo. SIR
"Who did pay it back?"
An objection to this question was sus-
tained The court failed to see what
figure it cut whether it was paid back
or not. so long as the defendant did not
pay it back.
| Another attempt at examina-
| ton was then made by Mr.. Meserve.
The witness again explained the mean
ing of the word refund" repeatedly
used in the fee book, as meaning, paid
out" whereas the other entries meant
money coming in. He had no personal
knowledge of the several items to which
his attention had been called by the
prosecution, and did not know of them
until his attention was drawn to them
in the prosecution of the case. Witness
stated that all his deputies had access
to the money drawer of the county
clerks office in the conduct of the bust
ness of the office.
ANSWERS ALL IN THE NEGATIVE
when was Mr.. Lowry made chief
deputy?' inquired Mr.. Meserve.
Il think in 1898"
When did he take over charge of the
cash of the office?"
Mrs. Fowler had it first, and then he
took hold"
who did Mrs. Fowler follow?"
'Mr. Tanning
"Was there not a shortage of from
$4,000 to $4,000 when Mr. Lowry took
charger"
Mr.. McComas objected, and main
tanned the present charge was specific.
Mr.. Meserve stated he intended to show
that that shortage had existed and was
created by Mr.. Ward and was carried
along in the office. The court held the
witness might answer.
Yes; but not in the county funds"
THAT shortage was handed to Mr.
Lowry?"
He knew of it."
DO you know the exact amount of
the shortage?"
Something over sS000"
"In December, 1894, did you have a
conversation with Mr.. Lowry, when
Harry Johnston was present, and he
told you of the 1854, and you told him
not to enter it up?"
mo, sir"
Did Mr.. Lowry not tell you the money
was in the safe, and ask you what to
do with it ?"
mo, sir"
"Is it not fact that Mr.. Lowry state
that the money was in the safe. and in
the presence of H. Johnston, tell you
the matter would be found out, and you
said that if it was Mrs. Fowler would
give you time to make it up?"
mo, SIR"
do you remember a conversation
with Mr.. Lowry in the supreme court
building, Mr.. Sievor being present,
when, in alluding to this sum, Mr..
Lowry said, Why. that's the money you
told me not to put on the fee book, and
you said, I didn't think it was so
large'?'
mo, SIR
do you remember stating, at the
previous time, that you had raised,
with the assistance of your deputies,
$4,000, and Mr.. Lowry said he'd try to
get s25OO to help you out?"
Mr.. Lowry owned me more than
1884, and was intending to try and
make it good. The s1354 had paid my
self"
CROSS FIRE BETWEEN COUNSEL.
A skirmsh between opposing counsel
took place regarding this line of exam
ination. Mr.. Meserve explained that il
was his intention to show that there was
a general shortage in the office. Mr..
Ward made a note for $4,000 to the mother
of one of his deputies; his salary was
pledged to Mr. Field, as trustee, and his
deputies in helping on the note made
condition. 1t was agreed that Mr.. Ward
should not draw his check and for two
years his check on the bank as county
clerk was not recognized.
The court thought that inasmuch as
witness had conceded the shortage there
was no need to go into that line.
Witness stated that some of the dep
uties took money out of he cash drawer
for personal needs, and he himself was
in debt to the cash drawer to the extent
of from s400 to $500 when he went out.
Mr.. Ward stated that all moneys re-
ceived in the office were not kept sep
arate, but put into the general fund.
On redirect examination witness
stated that the shortage that had been
referred to was one for which he hal
been responsible, and was almost en-
tirely settled up. He had made that
good and also the shortage of s1354.
CURIOUS LAW POINT