The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1923-12-21
Has
DayiinCourt;
Takes Stand
Former Lincoln County Of
ficial in Effort to Under
mine States
Charges.
Denies He Set Fire
BY Associated Press.

oouuef ildu his udy III tOul l Ihuio o
day, testifying In his own beahlf, in
an effort to undermine the states
contention that he burned the old
Lincoln county courthouse last April
29.3O in an effort to cover up short
age of funds as county treasurer.
Mr. Souder detailed his activities
from the time he took a teachers
course at Hastings college until the
Sunday night of the fire. He also
went into the affairs of the county
treasurer's office. asserting he had
paid from his personal account vari-
Gus sums for claims against the
County Fair association, which was
always behind in its financial af-
fairs
Various checks in this connection,
including one in favor of w. w.
Hunter OF near North Platte, for
county fair premium, were introduced
as evidence by the defense, without
any objection being voiced by counsel
for the prosecution, after the defend
ant had stated he had been "unfortu-
nate" enough to have been treasurer
of the County Fair association.
II did notr' was Souder's emphatic
reply. given three successive times,
in response to questions of Victor
Halligan, one of.his counsel. who had
asked II he set the courthouse on fire.
IL he had had knowledge 1t was to
be burned or II he knew the books
Of his office We're being carried to
the top part Of the building.
Denies Making Remark.
1t Is the states theory that Souder.
whose office was located on the first
floor. carried county records upstairs
to burn and IN this regard intro
duced testimony that he remarked
after the fire that no one man carried
the books upstairs. Souder. however.
testified what he really said was "if'
they had been carried upstairs mo
one man did It."
Declaring In effect he appreciated
II looked peculiar" that batch of
checks given by various persons for
tax payments were deposited 10 his
personal account. Mr.. Souder ex.
PAoAhtd ht SoHAttiiAtH ti e7dlbi dhJ
night would give his own checks In
payment for claims against Lincoln
county.
Mr.. Souder also declared that dur.
ing the period of financial depression.
his office received checks for which
there were no funds and he put in his
personal checks TO cover the amounts
and took chances OF getting the mon
ey back. Sometimes he had the per.
son given A bad check do work for
the county and obtain reimbursement
IN that manner.
After asserting under Defense At.
torney Halligan's direct examination
that She county bridge, road dragging
and general fund were without money
for some time. the latter being over
drawn on an average OF between s40.'
900 and $4,000 for two years pre-
vious. Mr.. Souder gave his explana-
tion of what the state refers TO as
stylus" receipts.
Used Difference, Is Charge.
The states contention Is souder was
able to make duplicate tax receipts
for small amounts for which n state
examiner could charge him. fie was
accused OF using the difference to GOV.
er up funds already taken. Souder
told the jury the money was to take
care OF warrants against county funds
that were overdrawn. An original re-
Iceint of former Governor Keith New.
lille for considerable sum and
80. -. h. Itsf l(1 "A
for a smaller amount were mentioned
In this connection. The warrants
were carried as cash and not charged
at the time TO the accounts. against
which they were drawn.
souder was on the stand from 10:ao
until recess late today. He told the
Jury Of going to the office after $40
D. m. the Sunday OF the fire to look
ur some land information for his
brother Joseph and w. J. Hendy OF
the Hendy -Ogier automobile sales
campany. He declared he did not re.
call making a remark TO Hendy on
the preceding day that u would be .
terrible thing II the courthouse would
burn, but II he did. II would have no
Significance, as n possibility OF the
building burning was common talk,
especially by advocates of n new
courthouse.
Souders cross examination by w.
A. Prince OF Grand Island. special
prosecutor, was taken up late in the
afternoon. II resulted In an admis.
sion from him that he knew on Sat.
urday before the fire that tho books,
in which the state claims Irregular.
ties were found. would be investi'
gated. although he declared there was
nothing I was ashamed OF" Mr..
Prince also asked II he did not know
the law prescribed he had no right
to use county funds in personal trans
actions. He replied by saying he did,
In a general way.
Denies Accusation.
souder denied he handed to Miss
NJ, l.. Hall, bookkecper for a bank of
Titusville, Fla. n package purporting
to contain coupons of tho Birdwood
irrigation district bonds after the
fire. He also denied having n ''IIcnry
Keller" receipt from the bank for tho
coupons when searched In Florida.
| Souder declared he never saw such a
lrsccipt Ths states contention is he