The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1923-12-23
SouderCase
Is Received.
by Juryn1en.
Prosecutor in Arson Case Says
Ex-County Treasurer Has
Committed Every Crime
ION Paper
Defense Denies Charges
BY Associated Press.

North Platte, Neb.. Dec. 22.-Jury-
trial of former County Treasurer
Samuel NJ. Souder, charged with arson
in connection with the burning April
% and 80 of the old Lincoln county
courthouse, received the case early
this evening.
District Judge ]. l.. Tewe1l of Sid
ney completed reading his charge to
the jury at $40, following a days
court session, most of which was oe-
cupied by the final arguments in
which Souder's counsel told the jury
the state had not proved its case.
souder, who was alos indicted by a
grand jury charged with embezzling
total of s46,11777, did not take a
dollar, and the prosecution had failed
to prove that he had, Walter V.
Hoagland of Saunders counsel. de-
clared. Special Prosecutor George
Gibbs for the state pictured him as
man who had committed every
crime that could be committed on
paper"
Charges Records Removed.
It was the states contention that
the motive for the alleged crime was
to cover up a shortage and its coun-
sci attempted TO convice the jury
that county records were taken to the
upper part of the courthouse to be
burned. Souder was accused Of
knowing just before the fire that
auditors were to begin an investiga-
ton of county affsirs.
Declaring that he was not guilty
and that he would fight TO the
last" Souder told the correspondent
before the case went into the jury's
hands that he would appeal TO the
state supreme court in the event a
verdict unfavorabel to him is re-
turned.
The prosecution. which had intro
6ueed testimony from Mr.. and Mrs
Roy Reiehsteln, OF near this city,
that they saw small automobile
driven into Souder's garage at 1910
a. m, Monday. April 80, during the
early hours Of which the courthouse
was burned. built its case on theory.
not on proof. Attorney Robert Beatty
for the defendant declared.
Says He Was Home.
Souder. referred to during the trial
as having been the most popular Off
cial Lincoln county ever had. sat with
his wife and other members Of his
immediate family at the attorneys
table as he listened TO opposing coun.
sci plead their cases. II was his con
tention that he was at home in beh
the night Of the FIRE
His trial. begun early this month.
attracted considerable public interest,
partly because OF widespread reports
that followed the burning Of the
courthouse and subsequent announce
ment that certificates Of deposit repre-.
senting more than $4,000. about $40.
e00 worth OF bonds and around 81 600
in cash had disappeared from a safe
in the treasurer's office.
Taking Of testimony was begun
Tuesday. December II. and was not
concluded until about 10 o'clock this
morning.
Flag Is Evidence.
More than 200 exhibits were intro
dueed. most Of them by the proseeu-
ton. and included articles purporting
to be OIL cans, an American nag and
charred and oh soaked county records
found in the courthouse debris.
Attorney W. A. Prince Of Grand
Island. acting as special prosecutor
for the state, accused the defendant
lof forgery in making the states aon.
eluding argument lie also declared
Souder was more than $4,000 short
In county affairs.
The penalty upon convection for
arso ncarries a penitcntiary sentence
of from l TO 20 years. although. under
the law. the court has power 90 raise
the minimum and lower the maxi
mum time NJ imprisonment.
Soudef. the father Of three chill
drcn, has been held In jail since after
bis return last summer from Florida.
whore he was arrested on larceny
charge. accused OF taking irrigation
district bond coupons
Tho defendant, also under indict-
ment charged with forgery. held the
treasurer office a number OF times.
having been elected on the republican
ticket over his democratic opponent in
foa2 hts u suhstautiai mn fnri,V. lie