The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1909-01-07
c. E. HORTON WAS FOUND
NOT GUILTY OF EMBEZZlE-
MENT At $50 THIS AFTER
NOON.

| NOON.
IF you should find from the evil
dence that the funds of the water
office were embezzled, but you are
not convinced that the same were
taken by the defendant, then you
should acquit the defendant
IF you find from the evidence
that one of number of persons
took the money of the city, and the
defendant is among that number,
you should not convict the defend
ant unless you are convinced that
he took the money with the inten-
ton of defrauding the city.
"If you believe that C. B. Shell
don took the money of the city,
and not Horton, you should acquit
Horton"
These were among some Of the
conclusions of law handed down by
Judge D. H. Carey today in his
charge to the jury in the case of
c. E. Horton, on trial for embez-
zling $6S.40 of the funds of the
city water office. Judge Carey's
charge was considered most fair
and able one, and gave the law as
it appeared on the statute books.
The law as it is interpreted by
Judge Carey is favorable to the de-
PENDANT, as the conviction, if one
Is secured, must be predicated
largely on the item of $6S4O on
which Horton was tried.
| Horizons case reached the jury
at 1875 a. M, following the clos
ing argument for the state by w.
c. Donovan, and the instructions
of the court. Bailiffs Murphy and
Maxwell were sworn to guard the
jury during their deliberations. and
the IL men that have patiently
heard this long drawn out case re-
tired to their room for their final
consultation. The armload of ex-
hibits in the case, including the
notorious bull sack" went along
with the jury to their private
quarters.
States Attorney Donovan made
the closing plea for the state, ow-
ing to the fact that objection was
raised by the defense to Mr.. Kizer
speaking. because Kizer had testi-
fed as a witness in the case and
was disqualified for argument
| Mr.. Donovan defended City
Treasurer Eggleston and the force
in the city treasurer's Office against
the assaults and insinuations of
Judge Poindexter, counsel for Hor-
ton. He denied that there was a
long and short" book kept by Mr.
Eggleston,. and said the only long"
account found by the experts had
been properly protected by de-
post to the citys credit until the
matter could be sifted to the bot
tom.
| Donovan asked the jurors to con-
slider the contents of the little red
memorandum book containing the
secret code and accounts of the
"bull sack" and the division made
of its contents between Horton and
Sheldon.
Donovan said that when Horton
went to Lawrence Hamblen, cor
poration counsel, at his private Of
fee. and offered to plead guilty
he knew the nature Of the charge
against him and was familiar with
the character of the punishment to
be meted out If he were found
guilty. Theh speaker defended the
attorneys for the state and the
city, and the experts and the police
officers who heard the confession
Of Horton. He especially defend
ed Assistant Corporation Counsel
Frank Allen, whom he said had in
various ways been made the target
of the venomous shafts buried by
the counsel for Horton. AS to Hor-
tons alleged confession, Donovan
said 1t was up to the Jury to be-
lieve the word of six reputable citi-
zens or the unsupported denial of
the same by Horton.
The reading of Judge Cary's
charge to the jury consumed about
half an hour. After reading the
Information, and stating that Hor-
ton was presumed to be innocent
until proved guilty beyond a rea-
sonable doubt, the court stated that
the elements in the case to be de-
termiued by the jury from the evil
dence were whether or not Horton
had. first, been the servant or
agent of the city at the time of
the commission of the alleged act;
second, had he received the money
as charged; third. was the same
the property Of the city, and fourth,
II the money was taken was it CON
! 10 IIOcfAntc ,,riuatA ace -.