Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-10-08
Nebraska
LAWYERS ACT TURNS CASE
Mike Harrington's Appearance in
Mckay Case Unsolicited.
SUPREME COURT DECIDES
Tribunal bases Reversal Partly on
Action of Prosecuting Attorney
in FIauntinE Bloody Gar
ments Before Jury.
(From a staff Correspondent. J

NffOm a starr COTTespOnuenl.l
LINCOLN, Neb., Oct. 7.-(special.)-M.
+. Harrington's alleged unsolicited inter-
ference in the Mckay murder trial In
Antelope county is one Of the reasons
given by the supreme court for its re-
versal of the verdict whereby Joe Mckay
was found guilty of the murder OF Albert
Brown. Harrington assisted the prosecu-
ton without being requested to do so by
the county attorney or being appointed
by the district court
The court also based its reversal on
the ground that the prosecution Haunted
before the jury bloody garments that
proved nothing more than that MUIR
der had been committed. other errors
are involved, including the permission of
the trial court that the date OF the crime,
charged in the indictment, be changed
from December Z 1910 to December 2,
1903 Judge Fawcett wrote the opinion,
Judge Lection dissenting in part.
Decision In Liquor Case.
The supreme court has found in favor
OF a woman. as against saloon keepers
who are said to have sold liquor to her
husband in violation of the law, In the
case of Lizzie Acken VS.. A. II. Koop and
bondsmen. Mrs. Acken obtained juds-
ment Of 49, 100 In the lower court and the
defendant later instituted a suit in the
district court of Lancaster county to va
cate the judgment on the ground that
it. had been obtained by perjury. The
supreme court finds that the evidence
was insufficient to show that the alleged
perjury was wilful or material.
Husband and Wife's Age.
Does a man know his own wife's age?
This question is answered in the af-
firmative by the supreme court. In the
case of Laura Adler, guardian of Isadore
schlank a minor, against the Royal
Neighbors of America, an appeal from
Douglas county. Judge Rose of the SUI
preme court holds:
ut will be presumed a husband knows
the age of his wife and is qualified to
testify thereto, unless the contrary Is
shown, where they lived together thirty
years"
In this case the wife was insured for
$1,000 and judgment was obtained on the
policy for 81, l16 and the company APP
pealed on the ground that the insured
was over as years of age when she APP
piled for insurance and vas therefore
ineligible to be insured. The husband
testified that his wife was under the
age limit and the supreme court affirms
the judgment against the insurance COM
pany.
Treasurer Must Pay.
In the case of the county of Furnas
against Former County Treasurer c.. M.
Evans and his bondsmen, wherein it
was charged that the official retained
county funds for his own use, the SUI
preme court has reversed and remanded
the decision of the lower court. The
county sued to recover 81, 1866 interest,
which It was claimed Evans had obtained
on public funds and retained for his
own profit The case was dismissed by
the lower court on a demurrer by the
defendant. This was an error, according
to the supreme court. Judge Roots
opinion says:
A county treasurer who receives
money or anything of value in consid-
Grafton for the use of the county funds,
is liable upon his bonds for that profit
In an action upon a county treas
urer's official bond, a petition states
facts sufficient to constitute cause of
action IL the pleading considered as
whole In substance charges that sub
sequent to the enactment of chapter SO,
laws 1891, the treasurer received inter-
est upon county funds deposited by him
IN various banks ana Ola not account
therefor.
Supreme Court Opinions.
The following opinions were filled in
supreme court:
Bradley against Chicago, Arlington
& Quincy Railroad company. Affirmed.
Root, ].
Patrick against Barker. Affirmed
Root, j. Fawcett, j., concurring separ-
aey.
Martin against Hutton, Affirmed
Root, j.
Werger against staffens. Reversed and
remanded. Rose, j.
Anderson against Soloman. Affirmed
Rose, ],
Adler against Royal Neighbors of
America. Affirmed. Rose, J.
Koop against Acken. Affirmed. Sedg-
wick, j.
O'Chander against Dakota county.
Sedgwick. ].
Village OF Scribher against Mohr. Az
firmed. Barnes. ].
Omaha & Council Bluffs Street Rail-
way company Of Omaha. Judgment OF
district court affirmed, as modified
Barnes, ]. Sedgwick, j., concurs in at
firmance.
County OF Furans against Evans. Re-
Versed and remanded. Root, ].
The American Surety company against
Musselfnan. Reversed and remanded