Omaha daily bee., 1898-06-10
BARTLEY'S DOOM ANNOUNCED
Supreme Court Reafims Its Decision
Holding Him Guilty,
MUST SERVE HIS PRISON SENTENCE
Justice Harrison writes the New
Opinion. witch Fully supports
tbs One Originally landed
Down.

LINCOLN. June Especial Telegram
The supreme court in an opinion written
by Chief Justice Harrison. today reafhrmed
the judgment and sentence in the BARLEY
case and a mandate has been issued for the
immediate transfer OF BARLEY from the
Douglas county Jail 10 the penitentiary. The
syllabus Of the opinion states that the pro-
visions OF section z20 OF the criminal code,
to the extent that they relate 10 matter Of
proof. held not govsrnahle Of the question
Of proof in this case. and that the conelu-
sions announced in the former opinion are
approved and adopted, having been then and
therein fully stated. Il was a subject Of
complaint in the brief fled on reheartng that
sU1lcient time had not been devoted to the
examination Of the record and the preparl-
ton Of an opinion. Il is true as stated in
the brief that the record is quite large. con-
tanning 1900 pages. and that extended and
elaborate briefs were filed. But it must BE
here borne in mind that 10 the rgument
in such briefs and orally considerable more
than the usual time was allowed. for the lat
ter were Of great and material assistance in
the consideration and decision Of the points of
complaint which were discussed Moreover
and finally. il is not a question of a number
Of hours, days OF weeks consumed or to be
taken in the examination and adjudication
OF a cause, but OF such a due consideration
Of the litigated matters, without reference
to the time employed as viii result in a
proper and just disposition Of them and
render true right to the liugants.
WIZ hartley EmbezzIed.
The opinion follows closely the former de-
cision Of The court. In reference 10 the
argumen that 10 actual cash was used in
the transactions Of BARLEY il says that 20 per
cent Of the business affairs Of the country
involving the transfers OF money are con-
Quoted without the actual exchange Of specie
and hat when a treasurer makes use OF
this same means it appears without
controversy that his purposes were served.
thar he had the money and used it 10 as
full an extent as If ne had passed il in kind
through his fingers. II says further: Ii
Is true that there was no physical transfer
Of cash money in the specie, but the mental
processes were all fully existent and active.
and were through regular recognized
methods Of business procedure carried ou-
and the money taken for the individual.
benefit and not for the state.
1t may be said here that aside from and
additional to what has been formerly said
On the point Of payment Of the money drawn
By the check. that il has been further ad-
vaneed in the brief for the state and was
Of matters discussed on consultation, that
the warrant in question bore the endorse
ment Of the plaintiff in error. by which he
became liable and the money was applied
TO and effected the extinguishnent OF this
as II may be STYLED contingent liability"
Meeting another point presented in the re-
argument Of the case the opinion says
Under the proposition that the district
court Of Douglas counry had no jurisdiction
of the action. the consJtutionality Of tht
depository Law Is argued al this presentation
Of the cause and il is in this connection also
urged that the court will not apply rht
doctrine Of es1oppeI in a criminal cause Il
any portion Of the issues. We must agar
for the reasons stated in the former opin-
ion and which We deem entirely sufficient
decline to enter upon a discussion of this
point