The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1923-11-09
Defense Throws
Bomb in Trial
of S. NJ. Souder
Claims Five Members of Tax
payers League Were on
Grand Jury Returning
Indictments.
By Associated Press.

North Platte, Neb., NOV. Wv nat
amounted virtually to review of all
matters leading up to the investiga-
ton of the affairs Of Lincoln county
officials was recited by witnesses IN
the plea ofabatement trial now I'M
der way before Judge John L. Tewell,
incident to the trial of former County
Treasurer Samuel NJ. Souder.
Evidence brought out by defense
attorney, Homer M. Sullivan, Broken
Bow, Neb., showed that five members
OF the grand jury which returned 'ap-
proximately IT'S indictments against
various county officials, were mem
bers of the Lincoln County Taxpay-
ers' league, which in a large part was
responsible for the investigation re-
sulting in the employment of expert
accountants to examine the books OF
all county officials. Will E. Shuman,
president of the league, and who has
been retained as special prosecutor
in cases against defendants; County
Attorney viii c. Jones and his depu-
ty, George Gibbs, declared they had
no knowledge that any members II
the grand jury were members OF the
league. Sheriff l.. l.. Berthe, who
drew prospective jurors, testified that
he had no knowledge of their associa-
ton with the league.
The principal witness this afternoon
was Mr.. Shuman. For more than
two hours he told OF COMPLAINTS made
throughout the county as to the man.
ner in which money had been ex-
pended 10 ra new courthouse. lie
identified articles published in Lin
coin county newspapers, which ne
had written, urging that an investi-
CATION be made of the affairs OF all
county officials and removal from
office and prosecution Of law-breaking
officials. IL any. Most famous OF the
articles was entitled Something Rot
ten in Denmark"
Audit Requested.
He told fprecinct meetings held
throughout the county at which dele
gates were chosen to attend conven-
tion In this city at which executives
committee was named to call upon
county commissioners and request
that the accountants be employed TO
audit books.
Refusal of county commissioners TO
comply with the request, resulted III
another taxpayers league convention
at which a committee was given au-
thority to go ahead with plans calling
for a special election at which an ap-
preparation was provided by direct
tax levy to provide funds for the au'
dit. On April %, the executive COM
mittee made recommendation to the
county commissioners as to who
should be employed as accountants.
The recommendation of the commit
tee was accepted, expert accountants
made preliminary examination OF the
books Immediately, and were prepar-
ing to start detailed work April ~.
The courthouse burned April 2S, and
with 1t many records.
Mr.. Shuman denied that he had
made any declaration as to the guilt
OF the defendants and declared that
he had never made statements that
Sam Souder had purchased oil, and
that the American flag In the. treasur-
er's office was found soaked with oil
after the fire. Attorney Robert Beatty
asked him IL he had not said Sou
der struck match which started the
fire. Shuman denied making any such
charge.
Want Prosecutor Ousted.
As motion to oust ShumaR as spe-
cial prosecutor, because OF his bias
and prejudice against the defendants,
and the plea of abatement are being
heard jointly, Mr.. Shuman was asked
many questions regarding his rela'
tions with Mr.. Souder.
Shuman testified that Mr.. Souder
was one of his closest friends. He
told Of efforts made at league meet
ings to exempt the office OF county
treasurer from the investigation.
Sam Souder was with me on my
last prairie chicken hunt" he as
serted. "Souder invited Mrs. Shu.
man and myself TO visit his farm
and inspect his thoroughbred horses
last summer.
LESS than three weeks ago" Mr..
Shuman declared, "Souder asked him
to act as his attorney In recollection
OF n small sum OF money due. him. l
told Mr.. Souder that, In view of my
position as prosecutor In criminal
matters pending against him, 1t
would not be advisable for me to ac'
cept," Shuman declared.
On cross examination by Attorney
w. V. Hoagland, Mr.. Shumann nd.
mItted that his visit to Souder's farm
had been extended at his own sugges-
tion because of Mrs. Shumann's inter
cst I'm fine horses. lie also admitted
that during their visit to the farm
Mrs. Souder drove away and did not
return