The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-12-19
NO SHORTAGE At ALL
c. V Ferguson Springs a Sur
prise in Ooran Trial.
POINTS OUT $4,000 ERROR
Jim ConIey'S Opening Speech
Courts Instructions.


to light in the arguments of the case
yesterday. If the statements which At
torney C. V. Ferguson made are true. it
seems that all of the talk and cla1nor
and legal warfare about the Doran short
age has been for naught
The opening of the arguments began
yesterday afternoon after the reading Of
the courts instructions Assistant Prose
cutting Attorney Comfy made the open
Ing speech, and IL was a masterful ef-
fort both in eloQuence and legal logic
Mr.. Comfy was in good voice. He COW
cred the various technical questions so
hard for jury to understand from the
general run Of proceedings and explained
them in detail Mr.. Comfy spoke proba-
bly, two hours. He was followed by c.
V. Ferguson, first speaker on the side of
the defense. Mr. Ferguson, who has
handled the Doran books so much during
the case that he knows them by heart,
confined himself to the point so admir-
ably brought out that there is no short
age in DOran's accounts. He said in
substance that the defendants had prov
ed that Tom Cartwright, Doran's prede-
cessor, turned over to Doran as cash
items $4,000, of which only about $1,000
was cash, and the balance, S42. 600, con-
sisted of uncancelled warrants, tax GER
tificates undelivered tax assignments I'M
delivered and other items, all of which
were carefully examined and approved
by the county clerk, the county commits
sioners and w. H. Moore, an expert ex-
aminer This was all charged to Doran.
He kept his books according to MoOre's
system and on October l, 1894 his set
element with the board Of county COM
missioners, as the balance sheet now
shows, demonstrated the fact that he
also had over 900 Of cash items. The
evidence is that the county commission
ers examined and counted these cash
items and found them all there. Mr..
Patterson said he went to the treasures
books, stubs, etc, and that he did not
find these cash items.
The apparent shortage thus found by
Mr.. Patterson is fully explained by this
omission, and except, possibly, for some
slight errors in adding, some slight mis-
takes evidently unIntentional, II looks as
if there is no shortage after all.
The attorneys for the defense have
scheduled themselves for speeches in
regular order, Mr.. RodolDh Hatfield be-
ing given the closing speech on their
side. while County Attorney Amidon will
make the closing address to the jury. |
arguments will be apt to close today.
COURTS INSTRUCTIONS.
The courts instructions to the jury |
consisted first of a statement Of the case
to the jury, setting forth the claim OF the |
plaintiff and the defenses set up by the |
different defendants, after which followed |
the instructions as to the law govern |
ing the case, among the most important f!
of which are the following:
NO DIFFERENCE WHAT FUND.
A point of law was raised as to the !
funds in which the alleged shortage was |
discovered, on which Judge Dale's an |
structlon Is as follows:
You are further instructed that this |
suit is properly instituted in the name Of
the state Of Kansas on the relation OF /
S B. Amidon, county attorney, and that, !
II you find by a preponderance Of the /
evidence that the defendants are bound |
by the terms of said bond by reason Of /
the execution of the same, and if you /
furth find that a shortage existed during /
Do.an's term covered by said bond, and /
If you further find the defendant liable |
therefor, then 1t would be immaterial
what fund or funds said shortage existed |
in, as the same could all be recovered /
by the plaintiff in this action"
TO HOLD ADMINISTRATOR LIABLE.
You are further instructed that in order
TO hold W R. Tucker administrator of
the estate Of John a. Doran, deceased,
~. e. g. F,,-
the plaintiff to prove. by prepOnderance
OF the evidence, that the said Doran had
the bond introduced in evidence signed by
the suretIes thereon, and that ne took the
same, together with the qualifications at
tached thereto, to the county commission
ers for approval, and that the said county
commissioners did approve the same, and
that the chairman Of the board Of coun-
t. commissioners, with the knowledge and
consent OF said Dorsn, wrote his approval
on said bond. and that said Doran sub
scr1bed his oath of Office and that the
same was attached to said bond and quail
ifcations. and that the bond, qual.fca-
tons and oath of Office were placed In the
county clerks office for filing and keeping,
and that by reason thereof said Doran
took possession Of the office of said Coun-
" treasurer Of Sedgwick county, Kansas,
for the term mentioned in said bond. And
e YOU so find the above facts. then said
Doran would be liable upon said bond
the same as II he signed his name to
the bottom thereof. But, if you do not so
find. then under the pleadiuss and evil
dence in this case. II Will be your duty
10 find in favor OF said Tucker as ad-
miuistrator. and against the plaintiff"
NO SIDE AGREEMENT CONSIDERED.
You are further instructed that under
the evidence in this case. ii you iud by
A preponderance thereof that the sureties
signed the bond introduced in evidence.
YOU cannot take into consideration, In
determining this case. any understanding
between the sureties and Doran. deceas-
ell. as to whether or not he was 10 sign
the bond. or. as to whether or not SAID
sureties qualified on said bond. or as to
whether or not the amount named IN said
qualification was changed after the sigma
tUre OF said suretiss thereto, nor any
other agreement or understandings between
said Doran and said s'ireties or any Of
them. and the same is withdrawn from
your consideration.
ANY OR ALL MAY BE SUED.
You are further instructed, that under