o
KOHIJAt, JA2T5AEY 21, 1824.
iaoe Tuxrs
TRIAL OF EX
SHERIFF STILL
INPROGRESS
(Contlnuea from Page 1)
; 7
deal; liquor he bought tasted like
that he was U3ed to drinking; was
not Intoxicated at the time; did not
remember drinking from the bottle.
vvaju uum-ucauui -. ,
the car. Witness had been arrested at
Nebraska City; thought for posses-
sion or liquor; coum noi say lor cer-
tain that it was. Liquor was sharp
tasting, nis opinion -- iimi n
intoxicating. Had told Mrs. Kauf-
mann mat ne warned u. p"t Campbell, the public accountant, of as incorrect and the close of the af-
she had procured it for him. Shown tne pro5ecution, who had made a ternoon session came with the wit
state's exhibit of bottle of liquor, he Cnec 0I the records in the office of ness very much on the defensive as
identified it as the same he bought the clrk of district court, the regarding his audit,
of Mrs. Kaufmann. Last time he re- mnntir ,itri, in th intipp rnnrti Judere Troun called the attornevs
membered bottle was when he took
drink at Union. Did not say any-
thing about the price to Mrs. Kauf-
mann. Did not think he had said
it was intoxicating liquor before the
grand Jury. On cross examination
by Paul Jessen, witness said he was
TfSO
not engaged in the sale or transpor- " - - aummarv That was read be a sion of the court held on Sal
tation of liquor; did not bring any Jort In fJ Ythe rday instead of the usual week-end
iSrfff'iS" r?co?d is?ne of StS principal adjournment.
toSS S)uchenoSroT dfrect ex- "bibits by Attorney William R. Pat-j Cross Examination Continued
amTnatLn ted he had liied hSe rick' appeared the sum of $650. al-l with the resumption of the trial
lTlUe nln Ue Kl led to be due on the accounts of this morning, cross examination of
a" ni8 "rLan? "ew tienry ivoeoti Rheriff for the neriod covered by th. .P.n.,non n -vc Pnmn
and Julia Kaurmann. ma gone wun
Vnohfl ta Kaufmann home on July
1st at suerestion of Mrs Koebel Had
ISp?U Sd K""el had gotten
"!r.H:. 4-. ..
come Tout of "house T and placed bottle
the car Stated KoVbel had d?ank
in the car. btatea Jvoepei naa arans.
brnika CI tv Voebe? VaT gotten out
.;Tt.rt ihpnrr where Grand hotel
was located Sheriff had arrested
Koebel and deputy sheriff had taken
teui. from the car. Sheriff Ryder
had poured some of the liquor into
cigar holder and it had burned with
a blue flame. On cross examination,
uiu - . -:rrv: rr '
witness siaiec ne naa noi
bHn conrleUdTt fWta C
-.-.. 4 w. Va f " 1 -e nan tiat
-- 9t hp ntoe county iail
county, was at tne utoe county ja j
only about .ten minutes ma not arinK
. w-. . 1 -
in Omaha on day of go in, to NebS- aherIff of Cass coun and not ac Ban Brent; did not know wheth
T?L CMtJ Had not dSnk any liquor counted for in the reports of the er It should have been $2.50 or $3.
that did Did no beUeve they had 8heriff- There were thirty-five of Another case cited was that of
celved hot tie n Omaha on day in these cases read to the witne83 and Davis vs. Barkhurst. where a fee of
oueVtlon 7 into the record. Witness Identified $3.75 was charged aainst the sheriff.
Henry Koebel was recalled to the "cords as part of the records in his Witness was shown an Item in case
tand n testified to havine been ffice- of Davis vs. Davis of $6. and asked
"t the Kauf m hom sevlraf times - C' r,clam- Ief clek if this th same "em. only
slid had drank at that nlace several of the district court of Lancaster reported by the sheriff under a dls-U-nea
No heUltanc on Vart of Mrs county, was next sworn and IdentI- crepancy in the case title. Objection
Kautaaln to wily ? liquor if she fied 8me el&bt cases in the Lancas- by the state was sustained as a mat
MofceLrtnaoi BSE ?J Afls"ict In Jhich V1? S?er' ter 0f defense rather than one for
"7 k-5T k nA - nmf, i of Cass county had served Instru- cross examination.
but did -not bring any liquor with
him rn that day.
Will T Adams was called to the
stand and testified that he was the
-Tnt denutv county clerk and had
v t o. mt1MT rnr
been a resident of Cass county for
the past, sixty .years. He identified
vum jia-i.. ---j .j .... -- x-.-v-.-..-l
he reports offered by the state as
reports of the defendant. C. D. Quln-
ton, which had been filed in the office
of the county clerk and to which re-
port, he had sworn the sheriff. He
ldentified reports filed on November
. - . -
21. 1923, for tne nrst tnree quarters
of that year.
C.nrF W. savies. COUniV CierK.
wa. swom and testified that his of- facte of the arrest of C H Koebel at . H , Mr. Jessen inquire.
flee had the custody of the report Nebraska City on the evenmg o. July tfai ,t wag f mileace.
of fee. filed by the sheriff of the J;.1.9"-" wen Koebel Witness replied it was not. After ex-
county. 'There had been no report car. Koebel had been drinking. He amination f the records in the case,
filed on the 1st day of April. July, or had talked over to car and secured wltne8 stated return showed it was
October, 1923. In his office, of the bottle of liquor; poured out a small f services but did not show pe
fees cf the office of the sheriff. No QuantiJ r and toed it in a dish. icX lhat kind Said h had
report filed on the 1st of April. July flamfl! P"T Z?. ,f 8l" not asked sheriff about vague or in-
or October, 1922 The report for the cohol Had possess on of bottle un- definite matters which he did not un
first. second and third quarters of til time of convening Cass county der-tand
1922. was filed in his office on Jan- srand Jury. Had brought it here and f th ' A Harvesting Machine
uary 2. 1923. Witness was shown p11??" na jury. vs' CuS cSSeff'e of
the reports and identified the same C J. Pankonin. On cross examina- 50 nt charsred as unD-id item
as those filed by Sheriff Quinton and to Vd'iiS K"! sThowiS
identified by W. T. Adams. There had Koebel. Cm re-direct by Patrick, he lf thJ t th siren in
been no reports for 1923 filed prior stated had not arrested Wayne Gou- sheriff's wort for lVTas Pel" i
to those filed on November 21. 1923 cfcenour. driver of the car. Cummins Witness staled thele we7e
One report had been filed since that Howard McCullock. deputy sheriff two separate items although connect
time, covering the fourth quarter of of Otoe county, had seen test of ed with the same case
1923. and a supplemental report. The liquor from Koebel's bottle. j item in arest and serving warrant
fourth quarterly report of 1923 was The cros8 examination of O. M. In Justice court was reduced by wit
filed January 1. 1924. The reports Campbell was made by Paul Jessen. ness from $3 to $2.
for the first three Quarters of 1923 chlef coungel for Mr Quinton. Had In case of State vs. Sam Pereci.
had been filed during the time of the audited offices of four sheriffs of dif- Item of $3 was referred to witness,
session of the grand jury- ferent counties in the stat Seward, who was asked if this not the same
On cross examination by Mr. Jes- Pierce. Brown and Cass. Brown coun- as reported in State vs. "Parish."
Ben; r Sayles stated that the re- ty in spring of 1923. Seward county Said he had made no connection of
VUI . ZZ - X: "''" V ,
or . ine nr. luesuay 01 jauu- Had been hired to audit office of
ary was a holiday the witness stated- sheriff by county commissioners. Was
Supplemental Teport had been filed now auditing other offices
in January cf this year purportlng( Mr. Campbell stated he'began ex
to correct errors. 'amination of books in November
iu -une ua.u ouuuu ioi- wuici-
ed its caae when the noon recess was
taken until 1:30 this afternoon
On the reconvert ng of court this
;ilMUUU Ai-i- ;....,
deputy clerk of the district court,
was the first witness sworn and she
Identified a number of files of the
office, consisting or cases in wnicn Mr. Campbell was shown repo"
service had been performed by Sher- 0f Bberiff with item of case of A V
iff QQuinton. 'Hass vs. Ben Turner, where $1.2 i
William Weber, Justice of the wa8 acc0unted for when this fee wrs
peace, was next sworn and testified charged in audit as not being paid
as to records in his office consisting Aiso shown case of Plattsmouth Loan
of 33 warrants that had been issued & Building association vs Briggs o 1
by him in his official capacity and a correction of 50 cent item on hii
on which returns were filed by C. D.,rep0rt Cf fees totaling $8.
Quinton, Sheriff. Two fees in the case of McPherson
Mrs. Sydebotham was recalled and vi W'illlam Holly, one of which had
identified record book No. 1 of the Den reported, a fee of $2, had been
district clerk's office. (eliminated because there was no in-
. Allen J. Beeson, county Judge, strument on file to show that service
-.entitled records in 25 cases in his nad been performed,
county and Justice courts. j item of $26 in case of Home State
The Btate then called O. M. Camp- Bank vs. Tennant in Campbell's sum-
bell, public accountant, of Lincoln,
who had made an audit of the ac-
counts ot snenn Quinton tor tne wuinion. An error in including the eacn Dy air. Quinton, witness show
years 1922 and 1923. Not completed item. Had rot had time to verify ed as having been credited in his
ks to comparison with reports since tne ngures.
November, 1923. Had checked sher-, Mr. Jessen also questioned the wlt
iff's report for 1923. jness as to fee in case of H. N. Dovey
i Mr. Campbell stated he found fees vs- George E. Dovey of 75 cents,
collected by Sheriff Quinton other Might have been a mistake, witness
than those accounted for in 1922. stated, but would not state definitely.
Some were ln county court caaes; al- Item ot 75 cents in case of Appleton
ao- found foreign fees not accounted Mfg. Co. vs. Dall, given in summary
for ln report; as well as fees In Jus- as due county, was stated by witness
tice court for 1922 not accounted for not to be an error and witness would
la report. jlilce to verify with sheriff's fee book.
Mr. Campbell had prepared a sum-' ltem ot $3 charged in case of
mary covering fees not accounted for Jochlm vs. Parmele was cited. Wit
in the sheriff's 1922 report, and neM stated had not checked record
-rblch had been earned and charged to learn if error la title of easo ln
as shown by the returns. Several of
these were identified by comparing
fee book with entries on the docket,
At the hour of going to press, the
introduction of Mr. Campbell's evi-
dence on direct testimony was still
in progress.
The attendance at the trial show-
ed a very large crowd even with the
bad roads and the wintry weather
and the Interest of the audience was
very marked.
The state experienced difficulty in
having their witnesses on the scene
of action and the changes of the
course OI the testimony were made
necesgarv bv the slowness of the wit-
npwl, rpsnnnriinc. snmo oin? de-
iaved Dy the snowy roads from get-
ting here on time.
From Friday's Daily
The iarj-er Dart of the acternoon
8essfon cf the district court yester-
day wag confined to the important,
.,,. nnintsrMtinir tactimnnv nf n T
in wnlcn sheriff C. D. Quinton was
tbe on-icer serving the papers in the
cases
The witness testified as to the var-
Joua whlca it was aneeed in
, ,,, ..-. nnnfoH
i-- --.- " '
lla"sL v, "r.
indIctment.
LU u u ... ....
Tne P0" or Mr- tampDeu aiso
contained the correction of amounts
in the reports of fees made by the
Bheriff to the board of commissioners,
m ot which were in 6ums not 6uf'
other cases where the
sheriff had reported fees in excess of
what he was required to do.
Tbe technical and slow process or
testimony of the accountant was.
T"' "ui5 0! ?f Ji" 5
. ,Lr ... " .. " -
T.J
Sidney J. Bentley, deputy clerk of
the district court of Dousrlas county.
. . rord nf
- - -
i ?L
l rea-u lu uim JAr- -r.
1ri ..Ml... . KiTlt-
xm- iii ri lucmir . uriuc 1 . m:rs
-
meJQw!i.f , vw. jI-.--.'". -J-,-. JOerdes case, shown on Campbell's
Jb3ectIon 7 deff n9e. lZ offeT1ff summary as one in which sheriff was
evidence of fees prior to the periods aneged to have reported no fees, and
nae.d -Trand jury indictments was witness stated he did not investigata
"Z1 - .? 8tate accepted theo.see if amount was, not included
oojecuon wuu me reeervanon ot
in rebuttal.
oblection of defense to readine-
cert?f Ie,r Gf returns from db-
"r"n! ?le' 0;vir n8?m,,5
trict courts of Johnson and Platte
" tt
counties sustained because of fact
u-i ..
coum De caa-
"T 1. -v t w -.--.w- .--. -. li.U.J L.-l.
- irsiimuuj me- utueu u-t
to the liquor issue, when Carl Ryder,
v.- uiuc wuui, uca.iiucu i-c
in ana Lass earlier in the year. ,
1M23. Was alone thA first rf- I
had an as9i3tant for the rest of thai
time. Had turned over report ti
COunty clerk in the early part of De-
temoer. This was Incomplete only H
that some had not been compare 1
wlth file3 ln the court8 wer -
correct as at present.
mary or unpaid fees, should have
been shown as being paid by Sheriff,
reporting fee. Said had not charged
items to sheriff in order to make the
amount appear large, and had only
discovered that there was error in
name in title of case on this same
day.
In case of Mayfleld vs. Keckler, an
item of $1.50, alleged to have been
included in report for second quar-
ter, when earned and collected in
third quarter, was called to attention
of witness who said he did not know;
the item might be correct. This item
sheriff on November 21, 1922, while
grand jury was in session. Had se-
cured $574 as the result of addition
of the fees from the reDorts of the
shpriff fnr ift?2. RermeKtpd bv Jessen
to think over night whether he could
.veriry his addition or tnese ngures
as correct, when adjournment was
taken.
The witness was badly muddled
on cross examination by Mr. Jessen,
as different items of his audit were
attacked bv the able defense counsel
to the bench strongly urging that!
there be an ernest effort made to
complete the case before Sunday and
offered to hold night sessions if it;
'would relieve the situation, but the
attorneys could not agree to this and ,
... . . . , . . , . .
the court announced that there wou
ld
continued bv Attornev Jessen of the '
toniinuea Dy Attorney jessen 01 me,
defense counsel.
The sum of $56 charged against
the sheriff in the case of the Manlev
state Bank vs. Edgar Spence. was'ot- Glared that tw
the first item challenged. Witness been reported at $3 wh
ho mrA have been ?o, and tw
reading thf returns; might have
been $55.50. Did not examine to
see whether sale had been approved
by the court or set aside, or whether
2 f.ie!!-ad.actua"y b pa.id.t0
iue buerm or noi
Witness was
shown court journal with entrv bv
the court of an order setting aside
thP RaiP nhiprti frpr hv thP
B. . nM'Z.nn ,a
. uuv u-'jt-iiuu vti 1 ui.v. 1.-
tad investigated Aether!
mere was recora saie neia.
t,-,, .. . A ,
- m -r . -
i.uo v cl aa l- iLClil
under "another title.
' " 'lUCT3 uuni-u a iiiiiKe ot
51 50 In case of Lincoln Trust Co' ".
Worden. as amount was reported un-
Witness admitted
tier check In another case
case of Plattsmouth
Building
and
as90CiqUon TS Patterson, a cor-
rection of 50 cents was made by the
witness
Another case taken up was a fee
c -. u- TDl--- -r--1,
the two cases
in case of State vs. R. Wells, an
item of $2 was referred to witness
and he was asked if this not the
same reported as R. "Mills." Witness
stated Mills case was against several
narHea n?rl n-t fin Villa -c In
flies on exhibit.
Witness was asked by Mr. Jessen
if there were not a number of war-
! rants for "John Doe" and stated
there were. He had investigated, but
idld not find any substituted names
for the John Doe warrants
In the case of Bodie vs. Jean, item
of $7.50 was reported by sheriff, be
ing 50 cents short of making correct
total, witness stated.
In the case of Klemme vs. Klemme,
report of sheriff showed $8 return,
to which witness had charged sheriff
with $24 additional. The defense
presented a claim that excess fees had
been for revenue stamps that had
been paid by sheriff. The state ob
jected to matter and court held that
omissions by sheriff In his report to
commissioners were not matters that
need be investigated by witness, who
was merely required to check up the
reports themselves
Two cases of P. D. Burkp vq rn
Camp 332, M. W. A. overpaid $1 on
audit to the cheriff. the defendant. This was objected to
The witness was questioned as to'by the defense on the ground that
the case of Mummert vs. Baumgart. 1
to which amount $15 was added in
his audit, as unpaid bv Mr. Onintnn
Campbell stated it would require time
to investigate this.
In case of Robler vs. Tonak. the
sum of $3.25 was charged. Witness
was asked if this amount was not
covered in return of $8 report of
Robler vs. Tonak made by sheriff.
Mr. Campbell stated that amount
should be reduced.
In case of Ofe vs. Holly, Mr. Camp-
bell was asked a3 to charge of $1.75,'urer, was county treasurer in 1922.lcluded in sheriff's reports to haveiter Sans having a place where could
and that of the report made by the
sheriff of $13.70. Witness stated that
there was an additional instrument
filed in that case covering the $1.75;
that amount had been shown on fee
book, but not included In report of
defendant. Witness had corrected fee
book by checking with report.
in case of Livingston Loan and
Building association vs. Larson, the
sum of $8.50 was charged in twoj
places. Witness could not state as
to whether he had examined them
or not.
Witness questioned as to returns
for 1922. Cases of Bank of Commerce
re Snpnrp upn RPnarate instruments
and properly charged. In case of
Birdsal vs. Clymer charge was maae
of alleged shortage. Witness asked if
I not the same as that of "Marine Ins. i
Co." vs. Clymer, charge being $7.50.
Witness replied that found only one
case; if these the same case, item
rTinrp-prt Bhr.nld hp eliminated from
his summary.
In the case of First National Bank
vs. Sharp, witness was asked If he
had not included mileage in the sum
alleged to have been unpaid by Quin-
ton. Declared he had not; that he
had deducted 50 cents for mileage,
in case of Treat vs. Urwin and
Urwin vs. Urwin, witness asked as
to whether separate or duplication,
ReDlied he thought they were duDli-
I I
cation
In county court cases Robler vs.
Tonak. fee of $8. witness asked if a
duplicate of case reported in district
court. Witness stated he did not
know.
Mr. Jes3en asked witness why, in
making returns in insanity cases, the
fees of Pberiff had sometimes been
, . ,
reduced to $3 and other times left
at $5. Witness stated it depended
on whether warrant was served or
Declared that two cases had
en it should
have been ?5, and two others re-
j-uced -o
Ir: f?e ?X1
at 11:25
this forenoon after a most gruelling
cross examination, extending over
several hours.
C. J. Pankonin. of Louisville, was
called to stand. Stated he had been
foreman oC the grand jury in No -
vember, 1923
Had saw the bottle
.n in the case when it
of liquor show
. . . . - w-
-"en to mm oy f .,a r
, " y r ,7
Lincoln and turned over to Mr. Stull
' A . . , . T . .
jat 8tate department of agriculture
A. G. Long, of Murray. wa3 sworn
and testified that he knew Walter
Sans. Had seen beer at Sans home.
Reputation was that Sans home was
a place where could get liquor. Saw
Quinton at Sans place one time.
Quinton was there moving some
mules from one pasture to another.
Witness was there at the time. Had
been no secrecy as to having liquor
at the Sans place. Generally known
in community. On cros3 examina
tion stated that he did not remember
the exact date that he saw Quinton
there with the mules. Jack Patterson
and Quinton had been. looking after
work. Lane through which mules
were driven was close to Sans house.
Sheriff was not In house. Did not see
anv liquor. On re-direct, the wit
ness statea
liquor at th
ness stated that he knew there was
y.pti ,,-T r w
Jp in tv' Mrs- VePta Swenniker testified that
:,5T,-.l 5isT,e knew cf Mrs. Julia Kaufmann;
place.
lived on opposite side of street about
q hlnrV- n nrth rnuld see the Kauf -
a block north; could see the Kauf
mann home from where she lived.
Saw a great msny cars going to and
from Kaufmann home. Continued for
i-o- un in thp time nf the caliinST I
of 'the grand jury. Not many callers
after jurv met. Mostlv men in cars.
General reputation that of a booze
joint. On cross examination stated
she had lived in the neighborhood
before Mrs. Kaufmann moved in.
Mrs. Chester Welshimer lived on
r-uu til lulu oil rr 1 nu-
Kaulmnnn naa seen gooa many
cars both day and nights; number
varied; mostly men, stra
witness. Cars did not
Kmifmann home verv often after the
grand Jury. General reputation of
K-aiifTnnrm hnmp w.-na that of a nlace
where liquor was sold.
Fred Kaufmann was sworn. Testi
fied that he lived on farm near thisi
city. Knew Julia Kaufmann and her i
place. Had asked her where he
could buy a bottle of whiskey. She
had produced bottle and he had paid i
her $1.50 for it. Found liquor weak-!
er than he expected. Tasted like 1
whiskev. On cross examination thei
witness stated was brother-in-law of;
Julia Kaufmann; had no feeling to
ward Sheriff Quinton; had nothing
against Quinton. Said had found
what he got was only water with
some whiskey in it. On re-direct,
declared it was not strong enough;
he had wanted to buy "whiskey" and
she had spoken up and said she
would sell him a bottle, and that
was what he got.
The evident dissatisfaction of the
witness over the contents of the bot
tle he had purchased aroused consid
erable mirth among the large crowd
of auditors in the court room, but
the ripple of laughter was promptly
silenced by Bailiff Oscar Howe, who
is on the iob at all times to see that
no infractions of court rules take
place.
At the conclusion of the testimony
of Mr. Kaufmann adjournment was
taken until 1:30 this afternoon.
State Bests Case at 3 P. M.
At the reconvening of court after
55 i
the noon recess, the state offered thei"t ,7. -t ".I
testimony of George R. Sayles, coun
ty clerk, who is custodian of dupli
cate receipts given by county treas
urer for fees paid by sheriff. Stated
he did not know about 1922.' but had
duplicates of the 1923 receipts. The ; : i- "oeoer vs. Tonat. where a First week in camp had been called A. G. Cole, examined by Mr. Liv
witness was shown exhibits of the B!m"!rJtem,.of ,S.WSv cnared' wa to pick out two men to try and get 'ngston. stated was an attorney prac
state from records in his office com- stated by witness to have been Just evidence on Sans. Met at the court Mcing in Nebraska since 1908. Had
prising claims filed in the office for ;ne4lfaaei a?i onl7n ee, cbar house about 8 o'clock in the even-p nown Quinton for ten years. Re-
the matter offered was of a rebuttal:
-hin-tlor. ti-oo -
Uu IU1 C. ailU wj vv ..Aw -. sj ulo
tained by the court.
o-r, At
know the amount of salary allowed
the sheriff per month. As far as he'tr t -., r
knew salary was $1,750 per annum.!"" case of Living-ton Loan and
or J 143 per month. On cross exami- j Building association vs Larson. Case
nation, stated that so far as he was'of Urw,ln YS'AVTYn: fe of 75 centB
aware salary had been fixed by Ttc JllLlrT
statute as long as he had been coun-,and one rendered.
tv clerk. f On cross examination. Mr. Green-
Mike Trttch, deputy county treat-
Had in the office records of fees paid
in by the county sheriff. Dates were
correct as to time paid into the
treasury. One receipt showed pay-
ment in February. 1922. for fees;
another dated December 30th, 1922.
Shown receipt issued in December.
1922, stated this had been changed
through an error, having been first
written as January 2, 1923.
The court was kept waiting for
some little time while the records of j
of the office of the county treasurer!
I were searched for data on which to
base the evidence offered. The date
was declared to be a clerical error.
PPfPints mvcrin? navmenta total -
ing $515.75 were read. Witness was
asked if there were record or rees;record of forein fees. No record here
paid on April 1st of that year. The',aa far a3 he knew as to foreign fees
defense objected to question as not
applying to statutory provision
Had issued receipt on November
21, 1923, while the grand jury was
in session, for $391, the sum of $314
being for district court fees and $76
for county court fees. Receipt for
$6 for certified certificate fees alsoUr,--, have referred to Drior case,
issued on November 21, 1923. These,
the only receipts issued to defendant
during year except one in February,
1923.
The introduction of the state's di-
rect testimony was com
j o'clock and the defense w
innine Just as the Jouri
pleted at 3
Journal goes to
press.
From Saturday's Daily
At the afternoon session of court
yesterday, the time between that
covered in the Journal's report and
adjournment at 5:30 was marked by
'the clearing up of some of the mat
ters which had been brought out, in
..iiir, ,c ofor, f
the gruelling cross examination of
Mr. Campbell, the state auditor, and
the concession by Mr. Greenfield, the
auditor of Mr. Quinton, that some of
the items charged to have been er
rors might have been due to foreign
fees or errors made by Mr. Quinton
In the preparation of his fee book.
The cross examination of Mike
Tritsch, undertaken Just as the Jour
nal went to press yesterday, was con
ducted bv A. L. Tldd. Tritsch stated
receipt to sheriff for money paid on
january 2, 1922, had been changed
to a date of December 30, 1921. On !
re-direct examination Mr. Tritsch!
stated there were a number of gen
eral receipts In the office for Decem
ber, 1921, and in these was included
this receipt, and the amount entered
in the books as of December 30th,
1921.
George Sayles recalled to stand.
Had In his office the sheriff's report
for 1921, and which showed date of
February 2, 1922. Report showed
first, second, third and fourth quar
ters of 1921. County treasurer had
received same February 2, 1922, the
sum of $28 8.95, of which there were
$169 district court fees and $119
county court cases.
Miss Mia Gering, county treasur
er, next called to the stand, stated
the amount paid by sheriff had been
paid in January and placed in the
1921 business of the office at a later
date.
James M. Robertson was sworn and
testified that grand Jury was conven
ed November 13, 1923, and the in-
Jcjictment against aerenaant returnea
on November 27th. The state rested
(,ta case with the testimony of Mr.
.
tment against defendant returned
Robertson at 3 p. m.
I tt ttt.j x t
The first witness called by the de
fense was G. L. Greenfield, account
ant for the past six years. Had re
; ferred to court flies In checking up
me auan maae uy ine taie.
Asked as to the heading of $o74
paid by the sheriff In 1922 with the
, figures as a total, witness found the
(total to be $524. instead of the sum
'tated in the report of Campbell.
! Had checked case of Plattsmouth
1
ton and fo und the same
Chas. Morton and found the same re -
clared he had found the same as the
. amount in me ior.on case
In the case of R. Davis vs. B. Davis
et al an item of $6 appeared where
as sheriff had accounted for $6.50 and
in the opinion of witness the cases
were the same as that reported in
case of Davis vs. Barkhurst. In the
case of Schulke vs. Gerdes et al. Item
of $5 appeared. Witness did not know
a to mileage.
In State vs. Richard Wells an item
of $2 charged against sheriff by Mr.
Campbell. Witness stated correspond
ing Item contained ln sheriff's report
for $2 listed under "State vs. Mills."
Could not find any Mills case on
record.
Asked as to case of Sam Perlci;
had found no fee reported under this
title, but found feed reported under
title "Sam Parish." Looked thru the
records but could not find anything
of "Parish" case. Court sustained ob
jection of state to questions asking
a presumption on part of the wit
ness. Had found no return by sheriff of
fee entitled State vs. John Doe. "Wit-j
erers to tne &uu aa d:.u i iu au.n. 1 uc .u ut , .
stop ai me v- .-. .-..-, i j. a
I . nponAlnt:nn a I ' ,r i tt a I I nk -!- -
ness wa8 referred to audit of Mr.next witness. Stated he was here in17 1923- 'as during session of
Campbell and asked as to case of
Bank of Commerce vs. W. B. Spence
and one entitled the Bank of Com
merce vs. Spence. Found one service
by sheriff for which a charge of 75
cents was made. Witness thought was
duplicate. In case of Mayer vs. Cly
mer, same at that of Marine Bank vs.
I" 1 vm e tViorcra - I . h-fl Kaan tt. A a
were the same case, provided one was
not a foreign fee.
The case of L. Roeber vs. Tonak
wbJeIn a fee. of '8 Yi18 charged and
au? A . Z
FamprU,! "prt declared to have j
""""i""";. .
v-ttoe u- -Jiugowu xjuau. anil ouiiu-:
i . trni
?g association vs. A. Miller, where
'Item Of $8 was Charged, Witness said
:he ha,d ound no case of this kind on!ten reports made to superior officers
flld stated tfca total few for 1922 U-
been $524. Asked what had been
deducted. "Was Impossible to tell
what figures. Said they were in the
Manley bank case; guessed at figures,
Had charged the sheriff with $46 on
the account, the same as had Camp-
. bell of the state auditing force.
vr, -.. fminH MSp nf T.iv-
ingston Loan and Building associa- J could not supplant the law thru the
tion vs. Cromwell. Was four months giving of instructions Stated they
apart. Could not explain the lapse of. had talked over the liquor law and
time the results to date. Quinton had ask-
Stated that by foreign fees was'ed for assistance; did not remember
meant sums paid over in cases being of sending anyone; had aided by giv
tried in courts outside of Cass coun- ms Orebe authority
,- -,-.-. ,-,-ifT r,f thia rnnntv
! , 5 -.-
j available except the sheriff kept a
being collected by sheriff.
Had seen the report of Mr. Camp-
bell and checked the same; it only court was aujourneu uuui
covered fees in Cass county courts. this morning.
Had found a case that compared Grebe on the Stand
with case of Davis ve, Barkhurst in ' The first witness called was Wil
and Davis vs. Davia in 1923. liam Grebe, former state deputy, who
$3 75 amount shown in audit and a
later fee of $6 reported. Witness ad -
mitted were not the same case.
In Gerdes vs. Gerdes case, paper for
Rhpriff not shown. On aoDearance
docket a fee for $5.25 shown; also
as given its.schiike vs. Gerdes. another case, for
fees. $5.25. The case of Gerdes vs. Maize mill and from there they bad
Gerdes on the appearance docket; no gone to Walt Sans farm. Gunner
case such as given on sheriff's report. Johnson was driving the car in which
Case of Wells on docket, and Mills they were riding. Had told soldiers
case not. Might have been a foreign to make a "buy" if possible. Men
fee. Also in the Paresi case, same had money on them. Witness was
circumstances. i hid in brush and two men had gone
In the Robler vs. Tonack case, the to the house. Witness had seen sev
witness had found only one case. One enteen cars leave the place. Placed
of the items mieht be a foreign fee. himself in shadow of tree and had
j witness stated that Clymer case
- an(j that of the Marine Bank might
De a foreigT! case.
In the case of Bank of Commerce
vs. Spence an error on part of the
sheriff. In cases of Robler vs. Tonak,
an $S fee In both cases. Could find
but one service; was an error on the
part of sheriff.
In Larson and Milton cases, charge
made by sheriff, but witness found
no record of cases. In cases of Urwin
vs. Urwin, set out as two cases, wit-
ness only found one. Admitted might
have been a foreign fee; was errcr
by sheriff.
Greenfield's report showed less bottles; Snns had claimed was near
shortage than Campbell's; had found beer and grape juice. Sans had said
other items not Included in Camp- he was not selling and the stuff was
bell report. Campbell audit had been fcr home consumption. Witness said
up to November 27th. Witness' re- report was made to Hyers and coun
port had covered since that time to ty attorney. Knew Julia Kaufmann
the first of the year. ( had been searched; once by witness
On re-direct, Greenfield said both and Quinton; found no Intoxicating
the Birdsall and Marine Bank com- liquor. Heard first reports about Mrs.
panv cases both stated district court Kaufmann selling booze in 1922. Was
cases, but witness on cross examina- told by Sheriff Quinton to keep a
tion stated record of fees did not sharp look-out for her. Was present
state in Cass countv district court. when Quinton had instructed Holmes
t TtAA ".v.- -,- j.--,.-'and Anderson to try and get a "buy."
A L.. Tidd was the next defense furnished the money,
witness sworn. Stated he was a lav-
ver; attorney for defendant. Knew On cross examination Grebe said
of Livingston Loan and Building as- be was at Sans nJace the first time
sociation. Witness had charge of in November. 1921. Quinton had
legal business. Saw Item of $47 in told them he came to make an in
case of Plattsmouth Loan and Build- vestigation. Quinton had told Sans
ing association vs. Morton. Turning.-to show witness what he had. Grape
Juice and beer in bottles. Seventeen
to look over the report as to the
Livingston Loan and Building asso-
elation vs. Cromwell; declared there
was no such case.
In the case of Livingston Loan and
Building association vs. Falter, where
an item of $8 was charsred. Mr. Tidd
stated sale was set aside and no com-
mission paid to the sheriff. Case of
Ofe vs. Hollv et al, an item of $13.70
was charged" to the sheriff. This was
an action to quiet title; no service
charged at $13.70. Mr. Tidd declar-
ed there were no cases Livingston
Loan and Buildins: association vs.
Larson or Milton.
On cross examination, witness said
had not examined the sheriff's fee
book, but had paid the fees in the
building association cases himself,
Declared no item of $8 In Falter case,
; M patrlck for th
asked as to whether or not the
return were correct. Wit-
ness stated that sale had been made
and confirmed, and then set aside,
The advance fees had been paid into
office of the clerk of the district
court. Did not know that sheriff had
been paid $12.13. Witness stated if
paid, should be taken back.
Witness did not know if defendant
had reported cases of Livingston Xoan
and Building association vs. Milton
and Larson; no Euch cases were ever
filed by the association
The scene shifted back to the al
leged protection of liquor vendors is
sue at the conclusion of Mr. Tldd's
cross-examination.
J. M. Patterson. Union banker. In
charge of Bank of Union, stated he
had known Sheriff Quinton for fif
teen years. Stated Bank of Union had
Judgment against Cromwell and the
sheriff had taken mules under Judg
ment. Visit to Sans home was on a
Sunday morning. Car was in the yard
with several parties. Had been there
onlv a short time. Oninton had left;
place before witness.
Frank I. Peterson, of Omaha, who
was at one time captain of Co. L,
Nebraska National guards, was the
ramn. In Animat Wan the -piH-
mental Intelligence officer; duties fad been out near place, some
covered camp and city. Quinton had times 100 yards from the house. De
come one morning and intimated -n-Teti be had seen nothing out of
that there was some place he want-,'he ordinary. Had never tried to get
ed to get two men to secure evidence : ?n-'one to try and buy liquor at the
against. Sergeant had reported to J Kaufm:inn borne. John Anderson had
the sheriff. gone there he understood, but ad-
Harry B. Arms, Omaha, civil engi-' ra'tted having no personal know
neer for U. P. R. R. company, had edre whether Anderson had gone
been sergeant in regimental head- tbere or not. Anderson and Holmes
quarters. WTas sergeant In charge of
r ps. here in AnmiRt. 1922. Was
acquainted with Quinton and Grebe.
lne when men bad reported. On cross
examination stated Chas. Lovejoy,
waa one or the men; could not re-.
mpTnber the name of the other man
------
Had not seen the second man, but
thoueht he was In Omaha Vn writ.
of the matter. Men were turned over
to Grebe.
Gus Hyers. Lincoln, former state
sheriff, was the last witness examin
ed at the afternoon session. Stated he
was connected with, the state law en
forcement department from 191S to
1928. Bad received reports of Wal-
buv liquor. Received a report on a
visit of Sheriff Quinton at Hyers' of-
fice; reported a little beer and a lit-
tie wine. Had discussed several places
as well as Sans. Had deputized both,
Quinton and Grebe as state deputies.
.Began outline of instructions lie had
iven them, but court ruled that he
UQ crO-BS wamiuiuuu xij-i-. tain
Ouinton had not told him of drink-
inS any beer at Sans home; had said
mere was some oeer aiiu wine imif.
Stated Quinton naa tne assistance ci
Grebe as state deputy at the time.
vwtn e a-smis-ai oi r. 1
ww . . - - 1 T
i was ccnvicted at the December term
of assault and battery and who has
: three indictments pending againit
ihim for trial at the present term, as
well as several charges pending In
Samv county. Witness stated on di-
rect examination he had told two
soldiers would meet them at the Alfa-
seen men come back from the house.
Had seen Sans outside of house and
witness had run after him and fol-
lowed him Into basement, round a
quantity of beer there. Had placed
Sans un-er arrest and placed beer in
basement of the Jail. Some beer in
basement and some in the ice box
on porch at Sans heme. Two 20-gal-
Ion J".ra in wash house. Mr. Sans had
put up bond for his appearance and
had been fined $300 the next day.
Witness stated he had visited the
g-ns place in November. 1921, while
6pecial state sheriff, looking' for a
whiskev still. Had found liquor in
bottles in one case and a few bottles
in others. Caps on bottle's. Had teen
a Ja''v enforcement officer since 1917.
He bad operated in Cass ccunty
largely. Had accepted statement of
SaI13 as true. Did not know that no
oue could manufacture near beer
without a chemical process. Thought
that Sans had made it himself. Would
make reports as to finding near beer
and grape Juice where owner made
this statement. Some of the soldiers
bad been picked up for having beer
at camp, eport had been made to
snerin. -oi in nam. or tasting tne
.stuff he unearthed. Did not take a
sample to have it analyzed.
Witness declared lie did not get
evidence from the soldiers. Admitted
did not have search warrant. Search-
ed one room and the basement. Sans
had told him the 6tuff wa been Had
brought three cases back to Platts-
mouth with him, which had been
dumped in sewer. Made no report
to superior officers or the court that
had passed on case. Never made any
report of destroying booze,
j Grebe stated had seen $295 ln a
cigar box at Sans home at the time
0f making arrest. Had picked it up
wrapped in a quilt on the floor. Had
not searched in quilts at time there
in November, 1921. Had seen soldiers
.later the night of Sans' arrest.
Witness said he had never heard
of Sans selling liquor from Novem
ber. 1921, to August, 1922.
Grebe said he '.new Julia Kauf
mann during the time he was a dep
uty state sheriff. Was state deputy
sheriff and constable during all this
time. Never heard of cars going to
the Kaufmann home. Had no official
relation with Sheriff Quinton. Was
appointed constable in December,
1923. Had searched Kaufmann car
n.ear, the Platte river bridge. Mrs.
Kaufmann had not had her white
dog with her at that time. Did not
know that the dog's presence was an
indication that she had liquor. Had
also searched car again on November
"and jury. No White dog With her.
re nere some two weeks. John-
was living in Minnesota at this
time-
auea report made by Quinton in
'Pring of 1922; oral report. Quinton
naa said he and Grebe had searched
Sans place and found some beer and
wine there. Did not remember that
Quinton had asked for prosecution
of Sans. Sheriff had asked for search
warrants for Sans and Kaufmann
homes. These were not made by wit
ness because there had been no one
to swear for them. Did not know
that direct request had been made
for search warrant. Had talked about
Sans on whom there were a number
(Continued on pajr .)