The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1908-12-30

~ erWaro horton receoeo from y
= the agreement to plead .
. guilty and said he would =
. stand trial. .
90 - . . . . . 80 90
The famous "bull sack" in which
Charles E. Horton and c. B. Shell
don are alleged to have placed the
funds of the city water department
that they are charged with having
embezzled, was exhibited by the
state to the jury in the trial Of
Horton this morning after legal
battle that consumed nearly the
entire morning session of the
court.
Judge Poindexter, counsel for
the defense, tried to keep from the
jury all references to the bull
sack" or the other items in the
total shortage of $3,329 that is
charged to Horton and Sheldon.
Judge Carey overruled the defense.
Had the court held with the de-
tense it would have virtually de-
feated the case of the state. as
without the bull sack" and refer
ence to the 40 items in the total
shortage the state would have
hard time to convict the defendant
on the one item Of $6S.40 for
which he is on trial.
| Another point over which there
waged much legal contention was
the confessions and admissions of
Horton, in which he Is claimed to
have told how the shortage &C.
Cured and how the money in the
bull sack" was divided. Horizons
counsel objected to any of this 60
ing before the jury, but the court
held with the state and admitted
the confession insofar as the state
needed it to back up its theory Of
the case. The court said the ad-
missions of Horton could not be
used except by way of rebuttal. A
distinction existed, the court said,
between admissions and confes-
sions.
Another point in which the state
won victory was on the motion
by Judge Poindexter to require the
state to elect which of the two ca
pacities in which it charged Hor-
ton served the city, servant or
agent, he was engaged in when the
shortage with which he is charged
took place. The argument on this
point began yesterday afternoon
and was not concluded until this
morning, when the court held with
the state and declined to require
an election on this point, as re-
quested by the defense.
In all these preliminary skirmish-
es the state has so far come out
victorious. Deputy Prosecutors
Kizer and Donovan have combatted
Judge Poindexter on every point
raised and had citation of the
law to Offset every one presented
by counsel for the defense. The
Horton trial is by odds the most
holly contested criminal case tried
in the superior court for months.
The opening statement to the
jury was made by Deputy Prose
cutor ID. F. Kizer just before the
noon adjournment. He explained
in detail the operation of the city
water collection department as
conducted in connection with the
city treasurer's Office. Water re-
ceipts were turned in daily by the
water department and properly re
ceipted for. but collections for ex-
tensions and repairs were turned
in separately and not receipted
for, as were the water receipts.
A notation was made daily by the
city treasurer of so much money
for labor and material and attach
ed to the return of water rent re-
ceipts for the day. 1t was this
weakness in the system of book
keeping employed, the prosecutor
said. that led to the trouble of
Horton.
Continuing, Mr.. Kizer said the
state would show that on July Is.
1907, the Holley-Mason Co. gave
over to Horton check for 1854
for labor and material furnished
by the city water department. and
that on the same day Horton turn
ed in the check in his returns for
water rents and left his labor and
material account short s6S.4o on
that date.
Kizer said that in the total
shortage of sS32s there are 10
items of missing receipts for wa.
ter department labor and material.