Omaha daily bee., 1902-03-08
ATTEMPT TO AVOID EVIDENCE
Attorneys for Msserve Argue for Dismissal
on Technical Points.
MORLAN RAISES JURISDICTION QUESTION
smyth Plays for Instruction of Jury
to Find for Defendant, So that
His client May Have
"vindicatiOn."

Judge Baxter OF the criminal court yes
terday excused the Jury secured for the
trial Of John B. Meserve, former state
treasurer, on a charge Of embeszlement,
until Monday morning as the series Of ar
guments now being presented will not be
finished before then.
The arguments are on the points Of law
raised by the attorneys for Meserve, in the
hope OF having the indictment returned
against him by the last grand jury quashed
and the trial ended before any witnesses
are put on the stand TO testify as to the de-
tails Of his transactions.
Attorney O.. J. Smyth comedies that the
former treasurer deposited the $50. 900 OF
permanent school funds in the Union Stock
Yards National bank Of South Omaha. as
charged. but contends that the $4,000 inter-
est paid thereon was Meserve's profit, that
the state had no title to II and that there
fore the only embezzlement was a technical
one committed in depositing the fund itself
In the bank.
smyth's Words Like a Brook.
He began his argument Thursday after
noon after objecting to the first question
asked the first witness by the
prosecution. Mr.. smyth began speak
ing at about 4 o'clock and continued
until court closed at s. Yesterday morn
ing he resumed before 10 o'clock and con-
tinued until twenty minutes before noon.
but the substance Of his entire argument
was contained In the report previously
printed in The Bee, and most Of his time
yesterday was consumed in reading the
rulings in previous cases more or less SINH
lar, Judge Baxter having requested at the
beginning that the references be furnished
In full to enable the courA to dispose Of
the question promptly after the arguments
should be ended.
Mr.. smyth was ollowed by W.. s. Morlan
of McCook, who is Meserve's business coun-
sci.
Question of Jurisdiction.
Attorney Morlan has dragged in the
question OF venue, maintaining that even II
the interest money was embezzled 1t was
not embezzled in Douglas county. but In Red
Willow county, for the reason that Meserve
could not become an embezzler until the
money was In his name and that 1t was not
In his name until credited to his account
in the First National bank Of McCook,
which town is in Red Willow county.
Attorney smyth SHE'D around this con-
tention as to jurisdiction when he made his
argument and has assumed the attitude of
deprecating Morlan's effort SO that should
Morlan be successful and the ruling Of the
court be affected thereby, while smyth's
contention Is overruled, he (smyth) will be
in a position to weep over the lost oppor-
tunity to '.Vindicate" the ofhcial whom he
now struggles to save from being tried at
all.
Attorney Morlan continued his argument
well into the afternoon and an early adj
journment was taken after the county at
torney had spoken briefly. citing some cases
in support OF the contention Of the state
and paving the way for Deputy Dunn and
the attorney general. who is to make the
principal argument today. The attendance
in the courtroom has dwindled to the Judge,
the attorneys in the case and one court
bailif.