The Omaha morning bee., 1923-12-24
Souder to
Drop Fight
for Liberty
Convicted Lincoln County
Official Believes Further
Effort Would Be
Fruitless.
To Be Sentenced Jan. 7

North Platte, Neb., Dec. 23--De-
claring he had made his fight and
that he did not see how he could go
any further, Samuel NJ. Souder,
former Lincoln county treasurer. con-
vcted last night of arson in connec-
ton with the burning last April 30
80 of the old county courthouse, indi-
catel today his fight for freedom was
~
Souder tired from more than two
weeks of listening to the testimony,
was lying on his bunk at the Lincoln
county jail when the correspondent
called at l this morning At 1926
he had heard jury pronounce its
Judgment, but he had no adverse
criticism to offer. Neither did he
comment on the statement of the
trial judge, ]. L. Tewell OF Sidney,
that the evidence amply justifies the
verdict Judge Tewell had been fair,
he thought. and it was up to him to
be a good sport.
Although still insisting he did not
burn the courthouse, and never beat
anyone out of a dime" Souder ex-
pressed belief 1t would be useless
TO carry on his fight Before the
Jury reported, he had said he would
appeal the case to state supreme
court, but apparently he had given
the matter reconsideration. He as
serted his funds had been exhausted
and did not believe he would care to
accept any assistance from his aged
father.
Health Begins to Break.
The prisoner, who pointed out his
health had begun to break, saw no
ultimate results in a continuation OF
his court for acquital.
Perhaps. he said, his difficulty had
been because he was too much of
good fellow while he held public Of
flee. adding some of the folks he as
sisted were among those who mad
turned on him when public sentiment
began to go against him. He recalled
AT one time he had s1,700 in worth
!. less checks. received at his office,
1nak, he had made good himself
Without turning them over to the
sheriff.
Souder was not surprised at the
verdict. He had expected 1t right
along and recalled he had told some
one a week ago he anticipated YER
diet of guilty His wife. however for
whom he felt the greatest concern,
had been positive in her belief that
Souder today would stand before the
electors of Lincoln county who thrice
had elected him treasurer. free
man. Coming as 1t did, just before
Christmas, the Verdict was not
very agreeable present he said.
Sheriff L. L. Berthe, whose prisoner
Souder has been since last September.
was described by Souder as a real
man in recalling how the sheriff had
taken the witness stand when called
by the defense to admit he had been
mistaken about the date he made
fruitless search of Souder's nearby
farm for certificates of deposit repre-
senting more than $4,000, about s10,-
900 worth of bonds and around s1,200
in cash. all OF which. after the fire,
was found to have disappeared from
the money safe in the treasurer 8 Of
flee.
Corrected by Souder.
The day previous. while being taken
from the courthouse to the Jail across
the street, Souder told the sheriff he
was mistaken in his dates. The lat
ter said he would straighten the mat
ter out. A long distance telephone
message from the sheriff to Lincoln
that night resulted In verlfication of
n.Souder's statement and the following
Sheriff Berthe told the jury the
search had been made on May and
not on May IL, as he had previously
testified. Souder's counsel used this
incident in concluding argument as
an example OF the ease with which in
correct statements could get before a
jury.
e"I am a republican and the sheriff
is democrat, but he's a man."
Soiider declared.
Souder, who was indicted by a
grand jury charged with embezzie-
ment OF a total Of sf6,1l777. is sched-
uied to appear before Judge Tewell
January 7 for sentence on the arson
charge. according to an announce
ment by the latter early today. The
penalty Is an indeterminate term of
from one to 20 years. but the court
may, II II secs ft raise the minimum
and lover the maximum. II was the
prosecutions contention that Souder
burned or caused to be burned the
courthouse, TO cover up an alleged
shortage and that Souder knew the
day before the fire auditors were com
ing to investigate county affairs.