Omaha daily bee., 1908-12-31
BATTEY TWICE INDICTED
Grand Jury Returns Bills Against
Former Court Clerk.
ONE CHARGES EMBEzzLEMENT
Other Alleges Forgery I'm the Chang
ing of this Record I'm once of
clerk Of the Courts Daring
His Incumbency.

Although the fact was not made public
through official sources it was generally
understood about the county court house
that among the indictments returned by the
grand jury which completed its work for
this term and adjourned yesterday after
noon, are two against H. v. Battey, former
clerk Of the district court
One of the indictments against Mr.. Battey
Is said 10 be on a charge OF embezzling
fees which It is alleged should have been
turned over to the county and the other
indictment is stated to be on a charge OF
forgery in connection with the alleged al
toration of the records Of the office.
Mr.. Battey was suspended from the posi-
ton Of clerk OF the district court on April
II OF this year by Judge Wheeler following
the report made to the Board Of Supervisors
by c. ], Richman, the expert accountant
from Des Moines who was employed by the
board to check up the office of the clerk
Of the courts. Action to remove Mr.. Battey
from office was then brought by the county
attorney and the trial resulted In the jury
bringing In a verdict to the effect that Mr..
Battey was guilty of the charges brought
against him. On June s Judge Macy set
aside the verdict and sustained the motion
of the defendant for a new trial, II being
shown that while the jury was celebrating
on the case the members had been per-
mltted to use the telephone. A second trial
of this action was obviated by Mr.. Battey,
the latter part Of September rendering his
resignation as clerk OF the district court to
Judge Thornell. the then presiding judge.
Mr.: Battey has appealed from the order of
Judge Wheeler suspending him on April II,
but the case has not yet reached a hearing
before the supreme court.
MI. Battey was serving his second term
as clerk of the district court when the
charges were made against him last April.
Before being elected to the office Mr..
Battey had served for several years as
deputy clerk of the courts at Avoca.
SIX More indictments.
The grand jury reported six indictments
in all yesterday afternoon. George Papst
and Herman Burlew. the two young lads
charged with breaking into the residence
of Mrs. c. w. Brooks In the southern part
Of the city and stealing a shotgun, foot
ball and other articles are indicted jointly
They have been IN the county Jail since
their arrest about a week ago.
A Joint Indictment is against John Nc
Carly and William Suffer on the charge Of
breaking and entering a freight car in the
local yards of the Northwestern railroad
and stealing shoes. They are both in
custody.
A mo bill" was returned in the case OF
p. G. Lewis. solicitor for tho Meneray
Nursery company on the charge Of en-
bezzlement.
In its report to the court the grand jury
recommended that the Beard of Su-
pervisors should at least annually employ
a competent expert to fully check up the
accounts OF all county officers. The recon-
mendatlon was ordered by Judge Wheeler
referred to the Board of Supervisors.
Judge Wheeler will go to Avoca this
morning to close the term of court there.
He will hold court here Saturday at which
time he will probably close the term as
the January term win open Tuesday Of
next week.