The Omaha morning bee., 1925-04-17
BANKS SUED FOR
SOUDER DEFICIT
Bonding Companies of Ex.
County Treasurer Seeks to
Recover $4,000.

Two suits In connection with the
alleged shortage in the accounts Of
;. NJ. Souder, former treasurer of
lincoln county. We're filed in United
states district court Tuesday bv the
Fidelity and Deposit company and
he United States Fidelity and Guar.
anty company. both of Baltimore.
and the American Surety company
Of New York, through their at.
torneys, Montgomery. Hall & Young.
Omaha, and William +. Shuman.
North Platte. The defendants arc
he Union State bank of North Platte
md the Farmers State bank of
Sutherland.
The bonding companies ask a
Judgment of $4,000 against the
Union State bank and a Judgment of
S3,96S.05 against the Farmers State
bank.
Claim $4,000 Loss.
Ihe three companies alleged they
furnished bonds for Souder and paid
more than 900 to Lincoln county
to cover the county treasurer's
shortage. They now seek to re.
cover a portion of the amount paid
by them TO cover the deficit.
In their first petition the bond.
ing companies charge that the Union
State bank aided Souder in convert
ing 100000 of the county's money.
claiming that the former county
treasurer deposited with that bank
to his personal account Liberty bonds
and securities Of Lincoln county.
DS1he deposits were made. they allege.
TO cover Souder's overdrafts on the
bank.
Charge Names Forged.
The petition charges that Souder.
with the assistance and connivance of
the bank, employed several methods
of converting county money to his
own use. Some of these alleged meth.
DDS are:
Drawing of county treasurer
checks for county moneys payable
to the Union State bank. which
would endirse the checks and de-
posit them to Souder's personal ac.
count.
to himself and depositing them in
his personal account.
Drawing county checks payable
to various citizens of the county,
forging their names on the backs
of the checks and depositng them
to his account.
Depositing to his personal ac-
count many checks of taxpayers,
county securities and Liberty bonds.
The plaintiffs ask the court for an
investigation and accounting of all
the moneys taken by Souder through
the bank and that they be given judg
ment Cor the amount found so con
verted.
Claim Illegally Drawn.
In the petition against the Farm
ers' State bank the bonding com
panies claim that drainage district
money deposited in the bank could
only be drawn out upon warrants
signed by the chairman and counter
signed by the secretary of the board
of county supervisors, but that this
bank ignored this provision and per
aNtted Souder to check out this money
Representatives of the bonding
companies, who made an investiga-
ton of the facts in connection with
Souder's shortage. state that these
are the only suits which will be start
I'd against any banks on account of
the Souder alleged shortage, as no
other banks were connected with al
legged questionable transactions.
Souder was found guilty in connec-
ton with the burning of the Lincoln
county court house on April 80, 1928.
by jury on December %. 1928. lie
Immediately appealed his case.
Souder Serving Term.
Souder is now serving sentence
OF from one TO 20 years in the state
penitentlary on the arson charge
Souder, Arthur S. Allen, Lincoln
county treasurer, and Carl r. Couch
er. salesman of the Omaha Printing
company. were arrested following the
investigation into the burning Of the
courthouse at North Platte. 1t was
charged at their trials that the struc-
ture was fired in an attempt to de-
stroy the evidence of Souders EN-
bezzlements.
Allen is now serving an indetermi-
nate sentence of one to 10 years in
the penitentiary. Goucher received
the same sentence on forgery charge
In Lincoln county district court
He appealed his case to the state su-
preme court, which Thursday re-
gersed the sentence of the lower
court on technicality and remanded
the case to district court for new
trial.
Not Under Statute.
~soucher was tried on one of many
alleged counts against him. lie was
charged with obtaining a warrant for
sS45 in favor of the Omaha Printing
company for printing which was never
DONE from Allen. 1t was alleged at
the trial. that Allen issued many such
warrants to Goucher and the pair
split the profits.
In it's review OF the case, the su-
doubt that Goucher and Allen were
guilty of making false instrument
but that did not fall under the state
forgery statute.
Goucher was trusted employe of
the Omaha Printing company and
sold printing throughout Nebraska
'or nearly 40 years, it is said.
Audubon Bankers Wife
Dad at HOLLYWOOD. Cal.
Af1anff Ia Anril 16-Mrs Emil