Omaha daily bee., 1908-04-17
CLERK BATTEY TO ANSWER
County Attorney Files Custer Pro-
ceedings Against Him.
THRTY.oNE COUNTS IN CASE
Charge IL Failure to Account for
Fees Collected and Also AItera-
tion of Records in
His once.


His once.
In accordance with the instructions is
sued by Judge Wheeler Of the district court,
County Attorney Hess filed yesterday the
petition for the removal of II. " Battcy
from the office OF clerk Of the district
court.
The suit is brought in the name Of the
state Of Iowa OK rel J. ]. Hess. county at
torney In the petition the general charge
is made that Mr.. Battey has been guilty
of corruption, wilful misconduct and NAL
administration in office, also the allegation
that Mr.. Battey has received money be-
longing to Pottawattamle county in both
civil and probate matters and that he has
WI oily failed to properly account for or
to pay to said county the sums so col
lected"
Thirty-one counts are set out in the petit
ton end the county sttoTr ey has based his
action principally upon alleged alteration
of the records, attention to which was
called in tho report of c. ]. Richman, an
expert accountant employed by the Board
of Supervisors to check over the books
and records OF Mr.. Batteys office. These
alleged alterations and erasures in the
records were particularly referred to by
Judge Wheeler when he ordered the action
for removal brought.
The following are examples OF the several
charges contained in the thirty -one counts:
12, 1905. in the case OF Stillman against
Davis. In this 1t is charged that the clerk
collected fee of $3.50 for making a conf
plete record and that this amount is not
| included in his report of the fees of his
office filed with the county auditor.
II is charged that an entry of Main D.
l N m "a fer nj naI 10 nf a..
Groman, there was collected the sum -
Sl4 as shown by receipts attached to re
ports in this case, and that the sum of 81
the clerk failed to include in his report of
fees filed with the auditor.
In another count II is charged that an
entry OF May 6, 1905, in the case of Cartan
against Cartan, there, was taxed and col
lected $3.50 for complete record. the same
being fee of his office; that the fee APP
peared to be partially erased and the
docket altered. as shown by the incomplete
erasnre; that the fee belonged to the county
and was not included in the report of fees
filed by the clerk.
In the case of Saunders against DeVore
In an entry of June Is, 1906. It is charged
that the clerk taxed and collected fee
for complete record therein in the sum of
$12, all OF which appears in the report OF
file in the case filed November T. 1905, and
It is charged that an erasure appears upon
the record of the court, thereby changing
the item from S12 to 81, and that the clerk
failed to include the collection in his ac-
count of fees on file.
In an entry of July Z. 1905, in the case
of Loughlin against Ivil and others II is
charged that there appears to be several
erasures and alterations upon the appear
ance and fee docket and that there was
paid to w. r, Cox by check the sum of sl2.
the same being fee taxed in favor of
Cox, and that the docket had been changed
and altered so that there now appears to
be the amount of $22; that in the same
cause the clerk received for a transcript
and complete record $3.50, no part of which
was included In the clerks report of fees. .
The books and papers pertaining to the
action are retained in the custody of II. J.
Chambers. who was appointed by the court
to take charge Of the office pending the
determination of the investigation OF the
charges against Mr.. Battey. The books
particularly involved have bean taken from
their accustomed places and locked in the
large safe in the office. No date has been,
set as yet for the hearing When Mr..
Battey was suspended by the court he
stated that he would demand an immediate
hearing and Judge Wheeler is expected to
set It as soon as both parties can convent
entity be prepared for It,
Libel Suit Settled.
The $4,000 libel suit brought by Felix
Setz, member of the Board Of Supervisors
against the New Nonpareil company was
dismissed yesterday. a settlement having
been reached out of court
In the suit brought by w. w. Morrow.
state treasurer. to collect collateral in
heritance tax frem the estate of the late
c. Busch Judge Wheeler yesterday de-
cided against the state treasurer.
The suit brought by Mrs. A. NJ. Krank
against the Omaha Elevator company to
recover damages for the death OF her hus-
band who was killed by falling down an
elevator shaft was dismissed, a settle
ment having been reached out of court
1t is understood Mrs. Kraak received $500
in settlement.
Judge Wheeler yesterday entered an
order overruling the motion for a new
| trial in the suit Of Charles w. Smith
against the city of Council Bluffs The suit
| was decided in favor of the city May 3,
I 1904, but had been hanging fire ever since
on the motion for new trial.
| Mrs. Clara B. Hart secured a temporary
! injunction yesterday restraining the city
and Peter Nelson. contractor from laying
a new cement sidewalk In front of her
property on Park avenue. In the petition
| Mrs. Hart claims that there is a good
! brick sidewalk in front of the property.
Mrs. Byrd Weber has filed a cross petition
in the suit for divorce brought by her
husband, Louis A. Weber. She alleges cruel
and inhuman treatment and asks in addi-
tion $40 a month permanent alimony; that
she be allowed 800 suit money and 800 for
attorney fees.
n. =. Plumbing Co. TU. $50. Night LISA
Palms and ferns. Herman Bros, 10 Pearl