Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-03-30
SHELDON GROWS IN FAVOR
Success I'm WashingtOn Raises Him
Stin Higher in Peoples
EstImatiDn.
lFrom a staff coIrespondent.l


LINCOLN. March Rs.-(special) )-Gov-
ernor Sheldon will rettrn to Lincoln to-
morrow. His trip to Washington to obtain
concessions from the department. of Agri-
culture. although not thoroughly under
stood by people not interested in live stock
and the marketing OF the same. has raised
him in the estimation of the people merely
because he succeeded in getting what the
bureau OF animal industry would not con-
sent to. His own way of dealing with the
existence Of mango in cattle and the terms
of his quarantine proclamation issued sew
eral months ago will soon practically be
carried out Instead Of taking the veto
of the bureau of animal industry. Governor
Sheldon went to washington to confer di-
rectly with the secretary of agriculture
Mr.. Wilson.
The state. through the attorney general
has filed a motion in the supreme court
for a rehearing in the case of Lee Grier
convicted of embezzling fines collected by
him as clerk of the police court in the city
of Omaha. The information contained
seven counts. charging Grier with collect
ing fines on different dates set out and
neglecting to pay the same over to the
treasurer Of the city. as required by law.
over to the proper officer within thirty
days after collecting the--same. The In
formation was not filed for over a year
after he had collected the fines and failed
to pay them over The supreme court re-
yersed the case on the ground that the
information did not state an offense. be-
cause instead of alleginsNhe had not turned
the fines over within thirty days 1t alleged
that he had refused ID turn them over
as by law provided The trial court in
structed the jury that \ they found that
Grier had failed to tufn the fines over
within thirty days after collecting the same
their verdict should BET guilty. The jury
found that he had nod done as the law
provided and convicted him. The state
asks for rehearing of the case, and states
as follows:
No caae should be reysgsed uiiless preju-
dicial error is made to- appear Wherein
was Lee Grier prejudiced by this so-called
defect in the information? Tie Jury, 1oi
| lowing the instructions of the trial court,
said by their verdict on all seven counts
that he had failed and refused to pay over
these fines for more than thirty days atter
collecting them. The evidence showed that
he had made written reports OF the money
collected by him, but the fines whlch ne
was charged with embezzling were not IN
cluded I'm such reports.
| his day in court and was convicted on all
| seven counts by jury of his fellow towns
| men of embezzling money which came INTO
his hands by virtue of his office ana when
| belonged to the funds set apart for the
| education of the school children. and yet
by the application of rules unsuited to our
! code practice and reasoning of the most
| refining and technical character, the court
| has declared that all parties interested IN
| this prosecution labored under deluslon
| that Grer never was charged with an or
| fense The public prosecutor thought he
! was, the trial judge thought he was, the
Jury thought he was guilty on all seven
| counts. They knew the evidence showed
| he had embezzled these fines. The defend
| ant himself thought he was charged with
/ the embezzlement of these fines, because
| he testified in his own behalf and sought
| to Justify his conduct, but at no time
claimed that the prosecution was prema-
| ture or that he had further time in whlch
| to place this money in the school fund.
| 1t would seem the court had overlooked
| the following section of the criminal code:
| "No Indictment shall be deemed Invalid
when there is sufficient matter al
| legged to indicate the crime or person
| charged nor for any other defect
| or imperfection which does not tend TO the
| prejudice of the substantial rights of the
| defendant upon the merits" A rehearine
should be granted and this case affirmed