Omaha daily bee., 1899-10-21
hartley BONDSMEN AGAIN
They Appear in the State Supreme Court
and File Their Briefs.
ASK A REVERSAL OF ALLEGED ERRORS
Juan Boyle Takes the Case of sixth
District Ticket Into Court
Auditor Cornell Takes
Few Days on.
ASK A REVERSAL OF ALLEGED ERRORS


bondsmen Of exState Treasurer BARLEY |
against whom judgment was rendered in the !
district court in Douglas county for S6i6,- |
3lS.45, filed their brief in the supreme court
this afternoon. From the judgment entered !
the defendant sureties, other than Ed }.
Fitzgerald, have prosecuted proceedings In
error Ed j. Fitzgerald, Mary Fitzgerald
and Joseph S. BARLEY, refusing to Join as
plaintiffs in error, made defendants in
the case. The plaintiffs in error are Nathan
S. Harwood John II. Ames, +. +. Brown,
Cadet Taylor, C. c. McNish, Thomas Swobe
and William A. Paxton The brief was drawn
up by John c. Gown. Frank T. Ransom,
Robert Ryan and Frank Irvine.
The errors relied upon to secure reversal
relate chiefly to the following matters
First-The action of the district court IN
refusing permission to file supplcmeRs,a. s
answers alleging matters occurring atter
the first trial of the and after the re-
versal of the first judgment. -.
Second-The rulings of the district court
made specifically and implied in the per
emptory instruction relating to the valid
ity of the bond, and the questions as LOIS 40 Is
delivery, approval, acceptance and filing,
and the rights of the suretes growing
out of disregard of the law by the state
officials in respect to these matters.
Third-The failure of evidence on the part
of the state to show any breach of the
conditions of the bond and the aSSump-
ton of the court of the power of taking
these questions from the jury and Itself
determining, from evidence, in many nnd re-
proved said breaches and the amount OF
damages to be recovered.
Fourth-Certain errors of the court IN
admission and rejection of evidence, chiefly
In admitting incompetent evidence to e%stan- %
lish the breach of bond and exr,9dlnS isfarnS
by the defendants to rebut the evidence
admitted on behalf of the state. .o.,uo,
Fifth-The rejection of testimony onered
by the defendants to prove that certain
instrument signed by p p. Brown, purt r,
Of the proposed addition of certain sureties
to the bond. had been signed by MIN py
reasons Of MI bn nnn nnmes IN had
been signed before the presentation to him
of such waiver.
Separate Motions Filed.
These are the main topics presented They
arise for the most part on the exception TO
the peremptory instruction OF the court but
alleged errors have also been presented by
specific exceptions and assignments of err
ror. Separate motions for new trial were
filed by each OF the plaintiffs in error and
the petition in error, while embodied in a
single instrument, is drawn separately and
severally for each of them. There is also
a separate and additional assignment of er-
rors presenting the principal errors Of which
the defendant Brown alone can complain
At the last trial of the case of the state
against the bondsmen in the district court
OF Douglas county the circumstances attend
ing the alleged delivery and filing ~ the
bond were inquired into in some detail. The
evidence tended to show. the brief holds,
that the bond, not bearing at the time the
signatures Of Taylor. Swobe and Paxton.
was by BARLEY handed to Governor Holcomb
late in the afternoon Of January 3, 1895, the
last day that 1t could be legally presented,
approved or fled Holcomb testified that
he retained 1t in his possession until Janu-
ary 5, when he returned it to BARLEY. Two
other witnesses testified that he returned it
forthwith to BARLEY when he announced his
refusal to approve 1t. From the time it was
returned BARLEY retained 1t in his posses
sion until January ., when he handed it
back to the governor and in some unknown
way it got into the secretary OF states Of
flee on the same day. The bond now bears
an endorsement showing that it was filed
In that Office January 3.
This statement of facts forms an excellent
illustration of the loose methods employed
by Holcomb when he first assumed the
duties OF his office. The brief also contains
a portion of the governors testimony con-
corning his settlement with Barley.
Boyle Goes Into Court.
Juan Boyle of Kearney this afternoon filed
in the county court application for al
order upon Secretary OF State Porter to ap.
pear and show why an order should not bt
Issued commanding him not to certify to the
clerks OF the counties in the Sixth district
the name Of William Neville as the demo
cratic nominee for congress In his appli
cation Boyle asserts that he was elected
chairman OF the congressional committee
but that notwithstanding this fact, w. B
McNeel, the secretary, assumed the right
on October s. to call the committee to NEE
at North Platte on October o. No notic
was sent to the members Of the committee
he alleges, the only notice OF the meeting
appearing in the Omaha popocrati
organ. Neither the hour nor plac
Of meeting was named Boyle say
he went to North Platte but could hn
no meeting nor committeeman. He wa
with McNeel the greater part of the du
and knows that no meeting held. Not
withstandng this McNeel certified to tn
.alectinn of Neville the demncratlc nnml