The Owosso times. (Owosso, Mich.) 1897-1926, 1912-09-20
Neil X. Walsh of Owosso was IN.
pointed to defend him.
Tho pridna& n..a-

| oiiuSeI Qulnn estate matter
appealed from the probate court
was put over the term, by agreement
between the attorneys.
Attorney Frank Watson, repre.
senting Harry SIMPSON, charged
with embezzlemeEt, failed 70 apoea,
in court Monday, but sent word that
ne would be on hand Tuesday. The
second case against Simpson, that OF
embezzling $3.50, will be taken uu
then, 1T was announced. Upon the
request of Prosecuting ATTORNEY Col
lins, Byron p. Hicks was named as
assistant prosecutor to try the case.
The county is to he at no expense for
the employment of Mr.. Hicks, it pe-
ing understood that the Durand
bank will pay for his services. The
bank officials are the complaining
witnesses in the Simpson case.
In the case of Hattie Collins VS..
Porter j. Collins, the defendant IN
dertook to defend himself, and ap-
parently, won measure Of the con-
hdence of the court. After Attorney
e. 5. Atherton for Mrs. Collins raa 1
motion for alimony, Collins step
ped up to the bar and declared he
had engaged no attorney, but wolid
like to contest the case. He told the
court that the couple have four lit
tie children, all under ten years Of
age. He said his wife went away dni
left him, going 10 Flint where she
lived with another man. He declir-
ed that is willing to pay for the sup
port of his children.
The court made an order for Col
Inns to pay So per week, but he saiI
he could and would pay sS per week
The order was changed 10 read SO
per week, and later changed to Sc
per week, with s15 solicitors fees.
Citizenship papers were awarded
George William Cousins Of Rash
and William Workman of OwossO.
Corunna, Sept. 19.-The prosecu-
tion in the case of the People VS..
Harry H. Simpson rested it's case on
Wednesday afternoon about 3
O'Clock. Immediately after the an
nouncement Of the prosecuting attor-
ney that their affirmative case was
in, Mr.. Watson, counsel for the de-
ferse, moved that the court direct
verdict of not guilty for the reason
that the indictment in the case al
legged the money 20 have been embez-
Zled from the First Commercial and
Savings bank, whereas the money
taken was the property of the firm of
Calkins e Augsburg. After argu-
ments of the attorneys upon this
question, the court overruled the
motion and ordered the defense to
proceed with its evidence.
The first witness sworn on behalf
of the respondent was Peter d. Post.
former assistant cashier of the
bank under the administration of
Simpson, On whose testimony rests
the weight of the defense ON the
merits of the case. Mr.. Post swore
upon direct examination that some
time in the month Of September,
1910, a drawer in the bank safe, in
which the reserve cash was kept, be-
came inadvertently closed and lock
ed. Upon examination, it was found
that no one connected with the bank
knew the combination to the drawer
nor were they able to open the draw
er in any manner. Finally, after
week or more, local mechanic was
called into the bank to force open
the drawer, which contained the re-
serve cash of the bank. The top OF
the drawer was lifted up by. the me-
chanic one evening about o'clock,
as testified by Mr.. Post, while ne
was absent at supper and on his re-
turn from supper, he found that the
the lid OF the drawer had been prled
up and some of the cash taken out
and placed in another compartment
of the safe. After consultation with
another employe of the bank, they
closed up the safe and vault Tor the
night and left the bank. The next
morning, upon the arrival OF Mr..
Post and Cashier Simpson, count
was made of the money in the re-
serve fund and found 1t to be short
$3.50. consisting, as sworn to by Mr..
Post, of package of $3.50 in bills
and a 500 bill.
It is contested by the defense that
this amount was taken by some un-
known person during the trouble
with this drawer and constitutes the
amount alleged to have been en-
bezzled by Simpson.
Ex-Prosecuting Attorney Hicks is
putting the main witness for the de-
tense through a rigid cross examin-
alton, but the attorney has not so far
shaken his testimony to any extent.
= The case will probably go to the
Jury Friday forenoon. Six witnesses
residents of Durand, were sworn by
tho defense Thursday afternoon.
They swore to the good reputation
FOR honesty, borne by the respondent
previous to the closing of the bank.
Mr.. and Mrs. Glen r. Wilbar and