Omaha daily bee., 1902-02-21
MESERVE TRIAL GOES OVER
On Motion Of County Attorney, Case is
Postponed Two Weeks.
DEFENDANTS LAWYERS OBJECT TO DELAY
Absence of James A. Cline, Bank Ex-
amIner. who IL said 20 he Mater
IaI witness for state, Brings
on POstponement.

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Because James A. Cline, q national bank
examiner. Is confined to his home at Minden'
Neb., by a sore throat. the trial OF former
State Treasurer John B. Meserve OF Lincoln
on a charge of embezzling 5000 interest on
$50, 900 Of state funds, has been adjourned
BY Judge Baxter OF the criminal court to
Thursday, March 6.
The Indictment Of Meserve was the most
notable made by the last grand jury and
the interest in the case had become so gen
eral that the court room was crowded at
an early hour yesterday. Meserve him.
self appeared at $3.50 in company with the
members of the firm Of Smyth q Smith and
HIS private attorney, w. s. Morlan OF Nc
Cook, who are to represent him In this
trial. The county attorney arrived soon
afterward. with Deputy 1. ]. Dunn and also
Attorney General r. N. Prout. who will
assist in the prosecution. state Treasurer
william stuefer and State Auditor Charles
Weston we're also present in the capacity
OF witnesses.
Call for witnesses.
As soon as court opened the county at
torney asked that there be a roll call OF
witnesses, and the compliance with his re-
VuGHt dA1GAO1Cu khaN VA NA9 AAoN 80
for the state there were absent George
Hocknell, w. F. Lawson and James A. Cline.
The first two are former ofhcials OF the
First National bank Of McCook, Neb., and
are now in California for their health and
beyond the reach OF subpoena. The county
attorney stated that they are not absolutely
essential, however, but that Cline is, and he
asked the adjournment of the trial for two
weeks, at the same time reading a letter
received Wednesday from Cline, stating that
he had suffered an attack Of quinsy and en-
closing a certificate from his family ply
stefan, DR.. 8. ]. Jones OF Minden, to the ef-
feet that Cline's illness was too severe to
permit his venturing out for several days.
The attorneys for the defense demurred
to an adjournment upon such oral state
ment, declaring that no application for con-
tinuance had been filed and that there had
been no evidence offered that Cline's state
ment would be material. The court then
instructed the prosecution to prepare proper
~afidavit, and one was made out, signed by
the county attorney, and Affirming the things
he beloved Cline would, II present. tes-
tify to.
Argue against CO~ntinuaace-
The defense was still opposed and argued
that Cline's evidence as an expert account
duI was uoS maOOEld Suu ~ oooho Va Inv
banks involved are already in court, where
the eight OF nine entries that were to be
proved could be seen without the aid OF
any expert; and also that Cline might as
well forward any papers he might have in
record Of Meserve's transactions, as tho
Meserve signature could be readily identi-
fed by man. of those present in the court
room. The ruling In the case of the State
against BARLEY had been cited as showing
hat where the books or records produced
In evidence are so voluminous, or OF such q
nature as to render 1t dificuit for the court
or Jury to arrive at conclusions, It is per-
missible for an expert to examine such
records and testify as to the result Of such
examination, but Attorney Smyth, who had
in that Ease been the prosecutor and as
such had raised the point, stated that this
is not a parallel instance. as in the BARLEY
case the expert was used in rebuttal, the
examination being so exhaustive as to oc-
cupy months. The county attorney con-
tended that this examination would require
more than the mere reading OF the final
entries and the attorney general explained
to the court still more specifically the ma
ture Of the testimony required of Cline.
Judge Bakers Ruling.
At the conclusion Of the arguments the
judge decided to order the adjournment for
two weeks and instructed all witnesses to
appear on that date without further sub
poena. He stated that undoubtedly the
request for adjournment was made in good
faith and that while he did not believe
Cline's services as expert accountant to be
necessary in court just at this time, the
papers Of which he was in possession az
national bank examiner were shown by the
afhdavit to be material. and as the wait for
them would be OF unknown length, he de-
cided to grant the adjournment to the date
named by the county attorney. as that would
take 1t over until after the attorneys for the
defense would be through with their cases
before the supreme court.
Immediately following this announcement
the attorney general and others from out in
the state prepared for departure from the
city, but MeserEe tarried In the court room
long enough to be arraisned and to plead
not guilty. He appeared in court the
morning after the grand jury had adjourned
and furnished $1,000 bond. but he had never
until yesterday morning been formally ar
r~aigned. the delay being by arrangement
with County Attorney Shields.
Anticipates CIine's Testimony.
The county attorneys afadavit In re-
Spouse to the demand that hi indicate
what he hopes to prove by Cline begins by
reciting the circumstances OF The bank az
aminer's detention at home and then con-
tinues:
Ahlant further states that he believes the
said James A Cline, II present, would tes-
tify in this case that he examined the
books. as national bank examiner, OF the
Union Stock Yards National bank OF South
Omaha, Neb., and the First National bank
Of McCook, Neb., and is familiar with the
accounts OF the said defendant, John ii.
MeseEve, in both of said banks during the
period from January /. 1898, to and incldd-
Ing January /, 1901, both as 20 the deposits
In said banks of said John B. Meserve as
state treasurer OF Nebraska and as an in
dividual deposition, Afiant further states
that he believes the said James A. CLINE
would testify hat the books OF the FfTst
Natiopal bank Of McCook showed deposits
Of $50 each month from March or April,
1889. 20 January ]. 1901. in the form OF
checks OF drafts from the Union Stock
Yards National ban OF South Omaha 10
the account Of the said John b. Meserve or
credits in said books OF said bank I'M favor
Of said John B. Meserve of moneys received
from the Union Stock Yards National bank
Cline learned from communication with
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