Omaha daily bee., 1908-05-16
EVIDENCE IN BATTEY CASE
Defendant Goes on Stand and it is
Now Up to the Argument.
DISPUTED BOOKS IN EVIDENCE
County Attorney shows They Were
Purchased by the County and
Judge Then Rules They
Are Admissible.

with the examination of the defendant
the taking of evidence in the trial of the
| action to remove II. V. Battey from the
office of clerk Of the district court of Pot
tawattamie county was completed yester-
day afternoon at $3.50 o'clock. Counsel will
begin their arguments this morning and
the case is expected to go to the jury some
| time today.
Mr.. Battey on direct examination stated
that he considered he was entitled to the
complete record fees except in such cases
where the complete record was required by
| law or upon order Of court. The petition
for removal charges Mr.. Battey with fall
| ing to turn over to the county in a number
of cases the fees received by his office Tor
| complete records. AS TO the alterations and
erasures in the records of his office Mr..
Rattey absolutely denied any knowledge.
| He declared that he had not made any or
the erasures or alterations, which in prac-
tically every case have connection with
the amount of the fee for the complete
record which 1t is alleged he failed to ac-
count for when making his turnover to the
county.
| In answer to a question from his counsel
Mr.. Battey stated he was ready and had
been at all times to make good any errors
or omissions that might be found in the
accounts of his office. He attributed many
Of the alleged errors to the old system OF
Jkeeping the accounts in probate cases,
which system he said he had since dis
carded
The direct examination of Mr.. Battey
was also calculated to show that in the
vast volume of business handled in his
office errors and mistakes were liable 10
occur
Among the witnesses for the state yes
terdav was James w. Mitchell. county
| treasurer Mr. Mitchell was appointed
| rsferee in the suit of Eberhard against
| Eberhard and he testified that in the
settlement of the case he had paid MT.
| Rattey S26 for court costs. Mr.. Mitchell
held a receipt for the $26. On behalf Of
the state IL was contended that the
records of the office and the report made
| by Mr. Battey to the county showed that
only SIS had been turned over to the
county.
| On making an additional showing of
their need for the proper trial OF the case
state Gets Books.
Judee Macy sustained yesterday morning
the application Of County Attorney Hess
for an order for the production of the
ledger and cash book kept by Mr.. Battey
! in connection with the business of his
office At the opening of the trial this
application was denied, the defense con-
tending that such books were the private
property of Mr.. Battey.
In renewing his application for the produc-
ton of the books which the defense claimed
! to be private property, County Attorney
Hess offered evidence to show that the
county had paid for the books asked for
and that the records of the office were not
complete without the ledger kept by Mr.
Battey.
Roy Hardesty. DEPUTY in Mr.. Battey
| office. was recalled and asked If he made
the alterations and erGsures in the records.
| He said he did not.
Thomas Rowan, who assisted c. ]. Rich
man in checking up the clerks office, and
John NJ Matthews, who on prior occasions
| had checked over the office, were also
placed on the stand yesterday morning.
The following reassignment of cases
was made yesterday by Judge Wheeler;
Friday, May 15-Fogarty estate, claims
of Harris and Boyle.
| Monday May 1S-McCarty against city
| Of Council Bluffs Peterson against
| Omaha & Council Bluffs street halfway
tuesday, May 19-Fogarty against Jen-
Wednesday. May 2O-Overton against
| Omaha & Council Bluffs street Railway
| company; Richardson against Vick
| Thursday. May 21-Lenocker against
Union Pacific Railway company (spe-