The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-10-24
WHO COT Cash?
Feature of State Treasury
Scandal in Court.
Grimes-Richey Suit Is Before a
Jury.
ABILENE SHORTAGE.
inside Facts Are Expected to
Be Revealed.
Interesting Revelations About
Payment of Money.
SHORTAGE.

al developments in the Grimes -Richey
lawsuit which came on for hearing this
afternoon before Judge Dana in the dis
trict court,
It is said that the defense will make
an effort to prove that the 81 ,175 in con
troversy never came into the hands of
Roy Richey at all; that it was deposit
ed to the credit of Treasurer Frank
Grimes in the bank and that if the
money disappeared, it must have been
drawn out of the bank by Grimes him
self.
It will then be up to Mr.. Grimes to
explain how the shortage occurred, in
view of the fact that the draft was de-
posted to his credit in the bank. He
viii probably endeavor to prove that
the $1,175 was never entered on lAe
books of the treasurer's office, and that
someone abstracted from the cash
drawer a sum OF money equal to the
face of the $1,175 draft, which left the
books in balance and made the shortage
difficult of detection.
In the course Of the fight some in
teresting informa ton about the way
business was handled in the state treas
urer's office will doubtless be secured
by the court and jury.
If Richey wins in his contention that
soidlE treasurer GRIMES received the
whole Sl,175 it will next be his move to
bring a suit against Grimes to recover
TIE 1892 which he has already paid on
the note.
The case was set for hearing this
morning at 10:30, but owing to the fact
that a jury was on another case, the
trial of the Grimes -Richey case was
postponed until after noon. Mr.. Grimes
and Mr.. Richey were both in the court
room several hours during the forenoon
waiting for the jury to come in and
clear the way for their case. They sat
together in a window and talked like
old friends for an hour. When it was
announced that the case would be post
poned until afternoon. Mr.. Grimes start
ed to leave the court room. and said:
Roy. won't you come and take din
mo. thank YOU said Rschey, eve
made arrangements to go with some
one else
Both Mr.. Grimes and Mr.. Richey de-
MED that their long talk had compro-
mise for its object.
I'VE were just talking over old times, "
said Richey.
..Tile case will be tried so far as I am
concerned said Grimes. I think Roy
is sorry he ever got into this affair."
E D. NcKeever is the attorney Tor
Mr.. Grimes, and J. e. LaTimer and j.
B. Larimer are attorneys for Mr..
Richey.
the defense are John H. Smith, Cover
nor. .Hoch's executive clerk; F. w Free
Taan, State Treasurer T. T. Kelly, Miss
Emma Viets and Assistant Attorney
General John Dawson.
History of the Suit
The present action of Frank Grimes
AGAINST c. R Richey is to recover 8
Judgment against Richey on note for
s1175 which he signed, and on which
he has paid 1892. This note was made
on September Z, 1904. and bears s per
cent The note was drawn in favor Of
Mr.. Grimes.
In his answer to the petition. Mr..
Richey went into the history of the
transactions which led up to his Civ
ing the note to Mr.. Grimes, and pay
ing S392 The examinations of State
Accountant Rowett had shown that tins
city of Abilene had remitted $1,175 to
the state treasury for the school fund,
and that this money had never been
accounted for It stood as a shortage
against the office and Richey, who had
been chief clerk under. Grimes, had
made the entries which stood on the
books concerning. Richey claimed that
when the shortage was discovered, ex-
state Treasurer Grimes and 7. 7. Kelly,
treasurer, called him into their office,
and told him that he would have to
sign a note covering the whole amount
of the shortage, or they would prose-
cute HIM They agreed, however, -ac-
cording to Richey, that they would
each pay one third of the note, and
that he would pay one-third- The note
was drawn up and signed by Richey,
and the amount which he paid was
exactly one-third.
Mr.. Grimes came back in a reply to
Richey and claimed that the state
ment about an agreement was false;
that Richey had voluntarily assumed
the whole shortage, and admitted that
l7a n hIaT76- that RiPhRvr "a n
agreed to pay the whole thing, but
could raise only 1892 at that time.
A few days after this note was sign
ed, Richey was dismissed by Treasurer
T T. Kelly from the office of assistant
state treasurer to which he had been
promoted when Kelly took office.
Attorneys in a WrangIe.
The jury was called to the jury box
at 80 o'clock and the lawyers at once
engaged in a spirited wrangle about
the issues of the case.
The attorneys for Richey at once
entered a denial of any real shortage
in the treasury, as suggested. They
claimed that Treasu Grimes had re-
ceived the $1,175 and that the money
had never been turned over to the
school fund.
The court stated that as he under
stood the pieadings the question Of
whether a shortage existed. or who
was responsible for any discrepancy.
was not in the case.
I'VE admit there was q shortage .
said Mr.. McKeever for the plaintiff.
"But the question of who was liable
for the shortage may arise
Don't both sides admit the short
age ?" questioned Judge Dana.
J. z. Larimer. for the defense. said.
There was an apparent shortage in
the school fund As matter Of fact.
the money was paid to the state treas
ury. but never distributed to the
proper funds. The money actually
went to the treasurer. On the mis-
taken belief that there really was a