The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-08-06
STATE RESTED i'm HEARING
HELD AT THE COURT HOUSE
Evidence of Deputy Public Examiner Kahn, Relative to
Charges Against County Auditor Wilmann, Was
About Completed at Noon Hour. H.
Yesterday afternoon Mr.. Smith
took up the second charge against
Mr.. Wilmann, as follows:
Count Two.

Count Two.
That the said John Wilmann dur.
ing the years 1908 and 1909, did
not enter in the real property assess
ment books of the County of Bel.
trami a complete list of all lands
subject to taxation, describing each
lot or part of lot and block, showing
the number of acres in each tract,
and setting opposite each descrip-
ton the name of the owner, and if
unknown so state, and thereby CON-
mitted nonfeasance in Office"
Mr.. Kain was called for the state
and cited number of descriptions
which were not placed on the tax
list at the time the 1908 assessment
was made and taxes extended.
1t also developed that later on
the descriptions on which the pub
lie examiners office bases its charge
against Mr.. Wilmann were placed on
the list voluntarily by the county
auditor before the last examination
made by Mr.. Kahn, from May 5 to
June E, 1909.
J.J. Conger, deputy register of
deeds, was sworn as a witness for
the state and gave documentary
evidence as to the record of
omitted tracts listed by Mr.. Kahn
in his direct examination.
In the third count, Mr.. Wilmann
was charged as follows:
Count Three.
That the said John Wilmann dur
ing the years 1908 and 1909, did not
present at each regular meeting of
the County Board statement in
writing showing the amounts levied
for the various county purposes for
the current year, together with the
actual cash balance, if any, remain
ing to the credit of each fund at the
date of such meeting, and the
amounts, if any still unpaid on
account of contracts already entered
into by the County Board and there
by committed nonfeasance in office. !"
Mr.. Kahn took the stand as a
witness for the state on direct ex-
animation stated that he had made
careful search of the commissioners
records for the auditors statement
as to the condition of the treasury
and actual cash balance, if any re-
manned to the credit of each fund,
and said that no such statement
was of record for the January or July
meetings of 1908 or the January
meeting of 1909. He further stated
that he had searched the files of the
auditors office for such statements,
which could not be found.
On cross-examination by Mr.. Nc
Donald, Mr.. Kahn stated that he
had never spoken to Mr.. Wilmann
about this duty of the auditor OF
given any instructions in 1908 that
this statement was necessary.
When asked, on cross-examfnation,
whether or not the auditors month
ly trial balance would not show the
conditions of the county funds, Mr.
Kahn stated that it would, but this
was not enough to comply with the
statue, which required statement
from the auditor.
F. o. Sibley, a member of the
county board, was sworn as wit
ness for the state and testified tina
he served on the county board dur
Jag the years 1908 and 1909; that il
July Mr.. Wilmann filed a statemen
showing the amount necessary t.
be raised for taxes for the year 1909
and that during the summer of 1905
a statement was filed showing thu
exact condition of the county
finances and amount of money re
quired by the bond issue to take VI
the floating outstanding indebted
ness.
Yves. Wright, also a member O
the board, was sworn in as witnes
for the state and stated that he wa
member of the county board il
1908 and 1909. Mr.. Wright state'
that whatever information wa
wanted regarding the finances O.
the county was given by Mr.. Will
mann form his records.
The fourth count against Mr.. Will
mann is: