Omaha daily bee., 1908-05-21
VERDICT TO GUST BATTEY
Seventy Hours Required in Which to
Reach an Agreement.
TWO FOR ACoUITTAL AT FIRST
Defendant VIII Ask for n New Trial
and, Failing in That, Probably
VIII Take an Appeal TO
Supreme Court.


After being out over seventy hours the
district court Jury before which was tried
the action TO remove H. V. Battey from the
office Of clerk Of the district court OF
Pottawattamie county, brought in a verdict
shortly before II O'Clock yesterday morn
ing finding Mr.. Battey guilty OF misconduct
in office, as alleged in the petition filed by
County Attorney Hess, upon relation OF the
state of Iowa.
Mr.. Battey was not present when the jury
returned its verdict. The action was a civil
one and the presence OF the defendant Is
not necessary as in criminal case when
the fury brings in its verdict. Mr.. Battey
was not aware that the jury had reached
an agreement until after the verdict had
been returned.
At the request OF counsel for Mr.. Battey
Judge Wheeler deferred issuing the order
for the removal OF the defendant from Of
flee and Il is understood that a motion for
a new trial will be filed In the event OF
new trial being denied Mr.. Battey would
have the right to take the case up on ap-
peal. In the case OF an appeal It would be
doubtful II a hearing could be obtained be-
fore the supreme court much before the
end of the year, II even then. The at
torneys for Mr.. Battey we're unable to
state yesterday what course would be
taken beyond filing g motion for a new
trial.
The trial Of the action was begun Tues
day morning, May 5, before Judge
N. W. Macy, who came here specially
at the request Of Judge Wheeler. During
the progress of the case George Quick. one
OF the jurors was taken sick and after a
delay Of one day the trial was continued
with eleven jurors The case was given to
| the Jury about 1880 o'clock last Saturday
morning.
How Jury stood.
When the jury was called before Judge
Wheeler Monday evening, Foreman Green
stated there was no probability OF being
able to reach an agreement. Yesterday
morning Judge Wheeler again called the
| Jury before him and Foreman Green asked
that 1t be given more time. This was
taken as an indication that there was some
chance of an agreement being reached, and
about an hour later the verdict was re-
turned.
Since the returning Of the verdict 1t has
been learned that the jury stood 0 to q
for conviction on the first ballot and that
1t remained that way until Sunday morning.
! when thre was a change to 10 to l. There
\ was no luTlncT CIduBo 'uulh yesterday
morning. when the one juror decided to
agree with the other ten. The jury lacked
but about half an hour OF having been con-
| fined for three full days.
The filling Of a vacancy in any of the
county offices rests with the Board OF
Supervisors. That they will wait till
the formal order for the removal OF Mr.
Battey is issued by the court before taking
any action Is the general expectation. The
board is scheduled to meet June l. Mean.
! while H. ]. Chambers, who was appointed
by Judge Wheeler TO take charge of the
office pending the determination of the
custer suit. will continue to act as clerk
Of the district court.
II. v. Battey, who had served as deputy
| at Avoca under Freeman L. Reed, his pred.
ecessor in office, was elected clerk OF the
district court on the republican ticket In
November. 1904 He was reelected in No
vember, 1906. and his term would have ex.
pired at the close OF this year.
Based on Experts Report.
The action to remove Mr.. Battey from
office was brought about by the report OF
c. ]. Richman. an expert accountant of Del
Moines, who was employed by the BOARD
OF Supervisors to check over the books anc
accounts of the office OF the clerk OF tht
district court Mr.. Richman reported thai
S,ls7ss was due the county from the clerk
OF this amount Ss196l was alleged to repre-
sent fees for making complete record IL
cases which Mr. Battey had failed to turr
over to the county. The report also cAlleC
attention to numerous erasures and altera
tions in the records of costs and fees II
the office. The Board OF Supervisors al
once referred the report to Judge Wheeler
Of the district court. who on April Is sus
pended Mr. Battey from office. On Aprl
10 County Attorney Hess filed the petition
for the removal OF Mr.. Battey from tn,
office OF the clerk Of the district court
In the petition charges Of corruption. wilfu
misconduct and maladministration in offic,
were made. The petition contained thirty