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conspiracy indictment naming the five defendants State's Atty. Smith Wednesday afternoon expressed fear that the jury would hear of the ruling of the court in regard to setting aside the verdict, if it is gullty, and that in such case this would have consider-- able bearing in arriving at a verdict.' The trial started on Monday, Nov. 12 and although State's Attorney return the money he takes. The man who embezrzles from a bank, who is the trusted employee of a bank, and thinks he can gef rich quick by play-- "The case to the officials of the Pirst Mationai Bank of Enrers' After the defense had argued its motion Wednesday to have the court advise the prosecutor no case had been proved, State's Attorney Smith was a strong argument in support of the state case. He reviewed the state evidence from start to finish in a most thorough manner, pointing out definitely to the court the evidence, which he contended was unusually strong in a conspiracy case. the jury kept together throughout the trial, the court denied his mo-- tion, allowing the jurors to separate at noon and night. Wednesday after-- noon, the court, at the request of Col. Smith ordered the jury kept to-- gether, the prosecutor asking that this be done in hope of the jury not learning of the opinion of the court in the conspiracy case. 't'at that Your Honor must know that the average embezzler, the man who starts out to embezzle, does not start out in the original instance with scheme or on the stock exchange, when he originally takes the money he takes a little at a time, believing certain that in a short time he will Ninety nine out of one hundred cases are not proved by the declarations of the pafties alone, but by the acts, anda--a conspiracy be proved by the acts alone '? could perhiaps pro-- duce a dozen cases showing that the Smith in its entirety follows: "Your Honor, as I know, has prac-- ticed law a great many years, and as I know from experience you are more or less familiar with what motive actuates the average human being and ordinary man, and I know from May Sue For Interest State's Attorney Smith has hinted that he might start svit against Bracher and Pearsall to recover in-- terest money which he claims is due Lake county on the $100,000 for the four years the money was out of the treasury. There are other criminal Bracher is the lone defendant in the other indictment, which charges em-- opinion it is only fair to the taxyay-- ers that such be done,' emphatically declared State's Attorney Smith . "I believe the evidence has clear)ly shown that these five men consp'red to embezzle $100,000 from the Lake county treasury, this sum having cases pending which could be tried in case of a not guilty verdict by the jury in the present case. One indict-- ment is against Bracher, Pearsall, the court of another jurist of this district, either Judge Ciaire C. Ed-- wards or Judge Edward D. Shurtleff. "It has cost Lake county several thousand dollars to have the case State's Attorney A. V. Smilnh an-- nounced Thursday that if a gfl'! verdict is returned by the jury in the county treasury shortage case and set aside by the jury he will imme-- diately make preparations for a re-- i i1 of this highly important case. tFe said he will ask cugt Judge Arthur Fisher to transfer case to StatuAmyAlynmPh' Before Jury Brings Not Guilty this county." COL. SMITH PLANNING TO RETRY CASE concealed, and they should be pun-- ished in fairness to the taxpayers of Verdict; Will Seek Change Of Jurists For Hearing. from the treasury for Thursday as the _ grand Tay wen Sis actiine mptks. "That afternoon there was no report from the jury room. d&nr&ghhaudtueu- of the 114 indicted officials it is pos-- both _ improvements are to be started immedia hlt. -- _ & ts Un Ti mectdem it To 'dust.ries and the chrpenter job was tawarded to a Libertyville firm, Yel-- | den and Gorsline, both being the low bidders, according to Chairman l'l'hanpon. . _ The bhro( the Zion bidders, -- according to Chairman | firm for the plumbing was $4,425, and |that the firm of Yelden and Gors-- line for general carpenter work, $4.-- 220. There were eight bids on the geperal carpenter work and six on the plumbing. It is planned to let contracts with-- in a short time for painting and elec-- tric work at the poor farm in Liberty-- seems to be spreading from Chicago t"o' the North Shore, the '""!:f"_h" aukegan is not uhrmh' is time of year, according Dr. H. C. Hoag, city health physician. . NO. 92 VENUE CHANGE ALLOWED 114 mittee is being as ecomomical as pos-- Turner Wilcox, who has the con-- tract for the building of a five car garage with a boiler room is making good progress on this job, Thompson The county board at the last ses-- sions empowered the poor farm com-- mittee to spend $25,000 in improve-- ments at the poor farm. Chairman Thompson said today that he did not think it would be necessary to spend this entire amount and that the com-- 'Lno county poor farm committee of the board of supervisors reports that contracts were awarded> Tuesday afternoon by the committee for general carpenter work and plumb-- ing work at the poor farm and that WAUKEGAN HAS 3 DIPHTHERIA CASES the Protine buddh&"n it has been located for mml years, to the Kennedy at the corner of Church street and Mil-- waukee avenue, which was vacated by the Libertyville Trust and Sav-- ings Bank when its new -- quarters were opened in the Public Service building. _ L Lout A part of the original bank fix-- tures are being used in fitting out thefrontmrtofthebufldh.. The railing which nr'ntu the front office from the lobby is to be left intact with a small change and th> tellers' windows 'have been moved out at right angle to form a front for the :clerk's office. The suite, when completed, will (Continued on Page 4) CONTRACTS ON POOR FARM LET Among the numerous changes of location among the local -- businesa and professional : institutions which past few weeks, is the oeccupy the front half of the build-- ing and the J, M. McKitrick Ford agency is taking over the rear part The moving of the Boehm or-- ganization took with it the office of the village .clerk which was maintained with the insurance of-- fice in the Protine building since the election of Mr. Bochm to the clerkship of the village. . The interior of the is undergoing extensive to fit the needs of the tennant. The insurance office and the apart-- ment for the vllm records will oeccupy the front half of the build-- room in connection with the store now operated in the south part of Boehm Now In Kennedy Block Chairman Bert C. Thompson of the of Charles L. Harden, aged 85, a pfioneel;h resident of Antioch, died at the Ooun:{hoopihl Wednes-- day morning following an attack of pneumonia. Mr. Hnsen was a re-- tired farmer, and is well known throughout tiae county. ~He is sur-- vived by his widow, Puneral services will be held from the Methodist church, Antioch, Sat-- urday at 2 p. m. Burial will be at request was granted. Gray walked to the telephone, hesitated, and then passed out the door. That was the last time he was seen by the officers. The officers discovered their "mis-- take" a moment later and immediate-- l&:nlhted' the aid of police authori-- to conduct a search. PIONEER RESIDENT IS DEATH VICTIM _ Prank Gray, 55, of Chicago, al-- leged card sharp arrested with John Rodgers, also of Chicago, on confi-- dence game charges, escaped from the custody of two Chicago, Milwau-- kee & St. Paul detectives Wednes-- day night as he was beina' brought to the county jail. The Waukegan police scoured the city in search of the fugitive at the request of Lieut two officers decided to stop in at George's cale for a bite to eat before Aiter all were seated at the rear of the restaurant, Gray asked for per-- marked cards when the two detec-- tives placed them urder arrest after watching several rounds of the cards. Arriving at Waukegan with their prisoners after taking them into cus-- According to information at the sheriff's office, Gray, Rodgers and a third companion who escaped had lured a prohibition officer into a "uttle game" and had relieved him of some $175 with the aid of their The body was removed to the Strang undertaking parlors at Grayslake where Coroner John L. Tayler conducted an inquest late girl :s usual on Tuesday after-- Conmhutm tisers are make noud&'m'hnld- «<,ule and to be governed ac-- ESCAPES FROM TWO OFFICERS Mrs. Jane Argraves, 38, Found Dead In Gas Filled : Bath-- room; Despondent, She States In Note. Grayslake, covered her head with a blanket and turned on a gas heater in the bathroom of her home Mon-- day night. She was found dead by her husband at 6:35 p. m. when he arrived home from his work in Chi-- cago. The door of the house was little girl came home from school at 3 o'clock but finding the door locked, went over to a neighbor's to play. When Arlow Argraves, the hus-- band, got off the 6:30 o'clock train from Chicago he went directly to the house and started to open the door. As he turned the key and the door swung open he was met with stifling gas fumes and was forced to retreat into the fresh air. As soon as the front room had cleared sufficiently he rushed in and found the bathroom door locked. He broke it in with his shoulder and found his wife, with her head covered. and the gas heater Mrs. Argraves greeted her 'ittle girl, Ariene, at noon Monday and gave her her dinner, stating that she would be gone in the afternoon. 'The On a desk in the house was a let-- ter addressed to him and written by Mrs. Argraves. It stated that she no After penning a letter of goodbye to her husband in which she stated that she was tired of Uving on ac-- count of continued ill health, Mrs. locked, as also was the door of the bathroom in which the woman lay. Dr. H. R. Struthers was summoned immediately but there was no hope physician stated that she had prob-- ably been dead three or four hours before being found. He called in Public Service employes at once, however, and they applied respiration methods for almost an hour before hope was abandoned. _llt_:zbt-r ted on Friday. )";":'t"i?" n::--r! to ijday falls on Thursday of nex{'!lkthln will be no Because of the fact that the annual Thanksgiving hol-- ONE ISSUE SELF BY GAS felt NEXT WEEK and little of Glovannin! Raniart HWich. wood, was continued to Nov. 22 re issued to Helen Mankowski, mo-- U *. 'The bonds Were set at $10,000 in each case. Heirship was proved. Petition for appointment of con-- servator in the estaté of Lewis Ritta, feeble tminded, Grayslake, was filed and hearing set for November 26. The fourth report and account was approved in the sstate of Leo Tomp-- kins, insane, Waukegan. Peétition to establish heirship was filed in the estate of John Malik, An-- tioch, and hearing set for Dec. 3. mdmhmo-j tate of Elinor Rose Cutler, et al, min-- Hall 'The bond was set at $1,000. m'llm -- Pinal report as to Annie Dogela in lect in the estate of Vincenzo Natale, Waukegan, were issued to Anthony Natale. The bond was set at $20,000. ap_roved. Distribution was ordered in the Yuso--and Leu estates The Highland Park; James H. Sneesby; PFinal reports were approved in the following estates: Gustave Gruel, If the present plans are carried out the new structure will be ready for use at the opening of school next September. estate of $12,000, real estate in Lake Bluff. The estate was left to his mmqmmudmn Shaffar, Lake Bluff, was admitted to Letters of ANDREW SHAFFAR In the ceiling of the gym, swung from the roof, will be a running track one sixteenth mile in cireum-- ference, which will be used for track drill in bad weather. The plans, insofar as they have been worked out, provide for a mammouth gymnasium with seat-- ing capacity for two thousand peo-- ple or over three times as large as the present gym. Accross one end there is to be a spacious stage which may be closed off from the main auditorium by a movable sound proof door and which will permit the uses of the stage and the gym at the same time. Plans for the new addition to the Libertyville high school, which was authorized roeeutlz by a bond issue voted by the people of the township, are being rusmhed to completion un-- der the direction of the members of the board of education who hope to be h,l'.:dthlyo award the con-- tract for work by--December 10. 'The architects have been meeting for bids. It was the aim to have the blue prints in the hands of the contractors this week and if weath-- er permits the basement will be completed by January ist. The plans, insofar as they have been worked out, provide for a the first order of business was the election of officers to handle the af-- fairs of the club for the coming year. Those chosen were: with the board tvxe:h'odly and ;'!:-'% for the MM; M'uh'y evening in the parish house of St. Lawrence's church m ening with a dinner served by t ladies of the church and at which a large number of the members and several guests were present. Pollowing the dinner, which con-- sumed the . better pu-t'ofanhoqr. Utto J. Boehm, secretary, C. O. Carison, treasurer. The members selected for posts on the board of dirtctors were Benjamin H. Miller, Plul,l@c;- fin, G. Carroll Gridley, WiCT:h 4 Franten, Jr., W. urchill. Frank Tulley, Clk;de Lesley, Max Kohner and Glerin G. Hoskins. The directors, with the officers, form a board of governors which controls the workings of the organization. The matter of the further deves lopement of the club was a matter of discusion following the election. Charles Ware, from whom eighty acres of land included in the golf course was purchased and who has an equity of $20,000 in the property which he is carrying without inter-- est, submitted a proposition for the consideration of the members. Mr. Ware offered to build the se-- cond nine holes and to complete the club house according to the plans now under consideration in return for the greens fees and the conces-- sion priveleges of the club for a term of ten years. The proposition was the subject of a lengthy discussion, every mem-- ber present being given an oppor-- tunity to express his views, and, H. D. Aylsworth Elécted Head Of Libertyville Country Club PLANS COMPLETE | FOR HIGH SCHOOL | The annual meeting of the Liber-- LIBERTYVILLE, ILLINOIS, SATUFDAY, NOVEMBER 24, 1928 were issued to the First bank of Lake Forest. Heir-- WILL PROBATED Published ; T wice president. in -- the JnCes-- ex ; 'ol or 'l"';}"" in v abject | cond 'mnine mem-- | people of ppor-- | a -t'.co and, ' the held An inquest was held Wednesday in Highland Park into the death of mm&-h&&rmm man Don-- FINGER CUT IS CAUSE OF DEATH ing job in Mundelein, was driving north on second street,--and, accord-- ing to witnesses of the accident, he drove into the first of a long of freight cars which were being shoved in from the east. A large truck was almost totally wrecked and the driver narrowly es-- caped with his life Tuesday night when the machine was struck by a Chicago, Milwaukee St. Paul and Leusk dfihv:rfi\.'i. ;fig&;},"b{.w.u- e who is emplo uling (ravci--from the lotal Dt to the pay" Pacific switch engine on the Second street crossing of that line. ~ rsonal experiences during his in n has. employers and urged that they take their em-- P'°| M&nwmb into their emfliu ideas to 'mPNVZ m salesmanshin --_% 20g C OLBEC CC RICS praise for efficient service. This was the second of a series of talks which have been arranged Ixefln retail interest committee of local chamber for the winter months 'and the third will be an-- nounced in the near future. TRUCK STRIKES MOVING TRAIN Mr. Geary held his audience throughout his talk which dealt largely with the relation of the employee to the firm for which he is woan{..'.He is a traveler of note and his address was filled with personal experiences during his wieas to improve their salesmanship ndtht&e not forget to give pnlle{ord;ncicnt service. This was the second of a series ofhlhwh!chhnvebeenamnged lxeflnnhnintenstmmimeof local chamber for the winter hear W. W. Geary, general sales manager of Carson Pirie Seott & Co., in his interesting and instruc-- tive talk on salesmanship. Eighty--five local merchants and their employees gathered in the au-- ditorium of the chamber of com-- merce rooms Wednesday night in spite of the inclement weather, to This supper attracts many peo-- ple annually from every part | o: the county and has come to be one of the outstanding yearly events of that section. Plans are complete for the big annual festival of St. Mary's church at Fremont Center which will be held at Dietz's Resthaven Stables, Ivanhoe .next Tuesday, November 27th. _ Artangements have been made *o feed the monster crowd which al-- ways attends this affair and which is expected to surpass all previous records this year. 'fil' no definite action was taken, it was the consensus of opinion The organization was perfected two years ago and after the char-- ter was received and the first corps of officers chosen, the mem-- bership roll was thrown open and the club now boasts of a roster of seventy--eight. » nine last EBm o0 s Rmmne AHC MEATg: description for those who came in search of their Thangsgiving din-- ner_ and it is promised that there will be plenty of excitement while they are being given out. A suitable site was selected just north of Libertyvyille on state route number 21, through an arrange-- ment, with the owners of the land, it wis possible to purchase the pro-- perty a+* an advantageous figure. The &mperty of, the club consists of 148 acres and is composed of fis of the Ware and Exon farm. land is wonderfully adapted for the purpose with the rolling hills and natural hazzards. picteg lale d the past sum-- mer. . The ofm opening was held in August of this year and since that 'time the grounds have been a favotite recreation spot for the lo-- cal golf enthusiasts. In' the opinion of a number of ex golfers who have tried it the Uavflle course is second to none in vicinity and, when the se-- cond 'mine holes are completed, the people of this community will have a g@f course that will rank with that. while the proposition had many attractive features, its ac-- ceptance would poo:rme the date of the full control the property byn': club too long for the best in-- te of the y:&nnludon. The Libert Country -- Club was organized in September, 1926 by a number of local men who felt tbe::edofl'olfcotmcforthe use the many devotees of the last year and the cou: pleier late during the CROWD ATTENDS BUSINESS MEET use 01 the many dé lfl'mit_lrt_lgis\{iczlity' The work of building the first TO HOLD OUTH AFFAIR fowl _ of every that of the first trial Alton H. Skinner, $67.90; James G Findlay, $245.40; Theodore P. Bro-- kow, $11150; J. C. Hayes, $70.00; 6 E. Sims, $15.80; E. G.. Rogers, $8.50: State's Attorney Smith says that the cost of the second trial to Lake CRUELTY CHARGE either rejected or not questioned, is about $1,200. s Circuit Clerk Wilmot says that 144 veniremen were summoned by the office of Sheriff Lawrence A. Doo-- little for the trial of Roy Bracher, Ira Pearsall, Caleb Busick, Harold Mar-- tin and Clark C. Nye. The records of Circuit Clerk Wilmot show $956.40 paid out to date for jury service in this case. The 12 men who compose the jury, of course, have not received any pay. Some of them will have ten days pay coming at the rate of $5 & day, while all will have at least seven days pay due them. This is expected to increase the cost of jury service in this case to about $1,200. Among those receivinig foreign wit-- nesses fees, which were certified by the court, and the amounts allowed follow : > ' The Village of Deerfield w;: made defendant Thursday in a uit for ,000 damages started in the Cir-- cuit court by Herbert Baxter, a Chi-- cago youth, who formerly lived in |Deerfield. The praecipe of the ac-- \tion. was filed by Attorney Joseph |D. Ryan of Chicago. State's Attorney Smith estimated the cost of getting witnesses to Wau-- kegan from New York, Kansas, Chi-- cago and Pontiac would be in ~the neighborhood of $1,500. 'The cost of According to the estimate of State's Attorney A. V. Smith and the records of Circuit Clerk Lyman J. Wilnot the cost to Lake county of the retria\ of the county treasurer shortage case. as far as expenses of jurors and for-- eign witnesses fees are concerned, to-- tal approximately $2,700. veniremen called for service and Attorney McKinley says the decla-- ration will set forth that the hole had been cut in the sidewalk and the iron rod put there by the village pre-- paratory to installing of an orna-- mental light post. He says the decla-- ration will charge that no light had been put there. ; s:tnd Thanksgiving with his grand-- mother and fell against an iron roc and into a hole in the sidewalk and broke his leg. The injury has never healed and Baxter will be crippled for life, according to Attorney Mc-- Kinley of Chicago, who is associated with Attorney Ryan in pressing this suit. RETRIAL PROVES COSTLY AFFAIR The suit is for personal injuries sustained by Baxter in Deerfield on Thanksgiving eve in 1926. 'He made a(trip from Chicago to Deerfield to A coroner's jury exonerated the truck driver at an inquest conducted Tuesday morning by Coroner John L. Taylor at the village hall at Fox SEEKS $25,000 _ FOR INJURIES mercial artist residing in the Russ-- more Manor subdivision at Ingleside, was instntly killed Monday after-- noon at 3 o'clock when struck by a W. 0. Huszagh, 72, Retired Commercial Artist Of Ingle-- side, Victim Of Accident Near Squaw Creek. stepped in front of it The driver was unable to stop in time to avoid hitting the aged pedestrian . Huszagh was m his way home from the grocery store and was car-- rying a loaf of bread And a bottle of cream when kille! Villagers saw him leave the store for his home but no one witnessed the accident which The deceased is surviced by his wile who resided with him a their noon at 3 o'clock vhenm'&kz. gasoline truck driven by Edwin ing struck. The hody was removed to the village hall to ~wait th« in-- 200 feet from the gq,mw COreek pridge, when he y stepped out into the road and was knocked down oy the truck. He sustained a broken neck and severe cuts and bruises on his body and arms. home s BASIS OF SUIT Alice Lotts of Zion started a suit x' divorce Wednesday in the Cir-- BY MACHINE ON HIGHWAY since Huszagh died upon be-- Rentster and to follow their trial with suits charging the grand jury investigat-- onwithdefsmstionofchfin@er. Mayor Frett and Marshal Walsh. in conference with their attorney, W. M. Moran Jr., of Chicago, de-- scribed the charges against them as farcical and asserted that law--abid-- ing citizens of McHenry would sup-- port their statements. "My town elected me mayor on my: record as alderman," said Frett. "The indictments naming me as a conspir-- ator in begr selling are unjust, and T them ving my character m dicated. 'The unfavorable publicity given me is no less a town of McHenry.". Indicted in McHenry county after a special grand jury investigation of the rum traffic, two of the principals named--Mayor Peter W. Frett and City Marshal John Walsh of Mc-- Henry--have announced their inten-- tion of fighting the prosecution on the ground of complete innosence THREATEN SUITS INMHENRY QUIZ William E. Curtis and wife started suit for $5,000 against James Due of Waukegan. The praecipe was filed by Attorney Jack E. Bairstow. He said the declaration wouid charge that Due in selling property to Mr. and Mrs. Curtis was guilty of misiep-- resentation and did not convey title to all of the property he had claimed would be done in the sale. against the Bauer Cab Company of Lake Forest for $5,000. Attorney Miller filed this suit It is chargl;d that a cab owned by this concern hit a wagon in which Marchesi was rid-- ing on Nov. 9, of this year, and that Edward Waite of Highland Park is suing John Anderson of Highland Park for $10,000. Attorney Miller to have hit a machine operated by Waite in Lake Forest some months ago, and Waite was badly injured. Pietro Romitti, 8 years old, of nighwood. started a damage suit through his father, Giovanni, against Charles W. Conorton of Highland Park for $20,000. The praecipe of the suit was filed by Attorney J. A. Miller. It was said at the office of Attorney Miller that the declaration will set forth that Conorton hit the Romitti boy in the eye with a stone and that he was permanently in-- Emma E. Corbett was born near Galesburg, Illincis on January 9, 1866. As a chili she went with her parents to live in lowa and there 42 years ago she married John m":'ennylon. Following -- her r she lived for a short time in Chicago and then moved to Al-- exandria, Nebraska where she lived Five years ago Mrs. Tennyson came to Mundelein where she made her home until she moved to Liber-- the Cireuit court, 5 of the actions being aghinst the same defendan'ts Only praecipes of the suits were filed {_em old, passed away suddenly uesday at her home, 313 Prairie Avenug. Death was due to angina pectoris from which she has been a sufferer for some time. Mrs. Ten-- nyson has recently been caring for a son--in--law who is ill with pneu-- monia mnd it is thought that the strain may have hastened the fatal bett, 90 years old, who lives in Emporia, Kansas, one sister, Mrs. Hattie Andrews, of Humbolt, Neb., and three brothers, William M.. Lincoln, Neb., Fred R., Emporia, Kansas and Henry of Topeka, Kan-- Mrs. Temnyson was known as an ideal, home--loting mother who, af-- (Continued on Page Four.) Nine-- suits for damages aggregat-- ing $90,000 was started Tuesday in ASK$90,000 IN 5 SUITS FILED m ; & minor, and Ethel Pingel, ® We se ut Chigres pes® of" the five' suits against Ratzer were filed by the law firm of Hall & Hulse Attorney Al-- bert Hall said that the declarations will charge that reckless, careless and negligent driving of an automo-- bile on the part of Ratzer caused a collision in which the five persons asking damages were badly injured. They fizured in an automobile crash at Round Lake last July. for m a m 1 against Ratze firm of Hall bert Hall sai« will charge Fred Ratzer of Chicago was named in five suits in which an effort is be-- ing made to collect $50,000 damages each plaintiff seeking $10,000. Th plaintiffs in these suits are George Spalinger, Caroline Spalinger, a min-- or, Halfdan Rasmussen, Ruth Ras-- Local Resident Primo Marchesi of Highwood Mrs. Emma E. Tennyson, 62 fifteen years before returning Dies Suddenly suit. Anderson is alleged wrong to the $2.00 PER YEAR IN ADVANCE sas?" Well, Martin knows Bracher; Bracher is the county treasurer I think the record shows that at the time the Security bank failed he had (Continued on Page 8) palid for doing that work, big com-- miksions, that is not the thing that is on trial; the thing on trial is, did these defendants conspire to defraud Lake County out of one hundred thousand 'dollars? -- Busick knows Martin, who is at that time cashier of a bank here, and he goes to him and he says, "Is there any money that you think we could deposit in the bank of my friend out in Kan-- ate, Mr. Busick, "Isn't there some money back east that you could de-- posit out 'here to bring us over this was to some extent m']n_njnr '7' w' Vb'e' depleted, their notes were not being paid and Mr. Nye said to his associ-- matters; they had made some money, lndevidentlythnthmk.nptotbe time that it comes into this picture, was considered worthy of credit; it could borrow fifty thousand dollars from an Arkansas bank, it could bor-- row fifty thousand dollars or more row fifty thousand dollars or more from the National City Bank of Chi-- cago; it could borrow money on the note of the bank pretty generally, but of one hundred thousand dollars. "Now, let us analyze the picture a little, the story as it appears from this evidence. It appears that Mr. Nye was in the banking business at Kansas and that Mr. Busick, another defendant, had to some extent gone of guilty they should not be punished. _ --'"This is an indiectment charging these defendants with conspiracy to defraud the County of Lake, Illinois, *COURT: "This is an unusual case: all conspiracy cases are somewhat unusual in that the proof of a con-- spiracy thereafter makes the act of each conspirator the act of all and all are bound thereby, and I want to say the fact that two of these defendanis have been County Treasurers and two of them bankers and another man a business man, has no weight with this Court; position or wealth does not influence me in my thought of this matter or decision. "I have sat here and heard this evidence twice, and I have given a great deal of thought and study to this case. If they are guilty they shouid be punished, if they are not arguments of counsel for two hours. The following review of the case and ruling was made by Judge Fish-- Attorney James G. Welca, counsel for Pearsall, made the mction in be-- half of all defendants that the eourt advise the state's attorney that the evidence presented was not sufficieat to warrant a conviction and to ad-- vise him the verdi:t, if guilty, would be set aside. Littie attention was paid to the motion when made as generally at the end cf a case of tne state, motions along tiis line are made. In the first trial of the coun-- ty treasury shortage case Attorney Ralph J. Dady, counsel for Bracher, made a motion that all state evi-- dence be stricken from the records and this was denied by the court. The court advised State's Attor-- ney A. V. Smith, which is as far as the court has power to go in this case, that he does not regard the evidence of the state as sufficient to warrant a conviction. He furth-- er said that in case a verdict of gu%:ywnsnt\ufl.hmld!tit aside. The decision of the court was a complete surprise. . _ _ C. Nye. fendants. He | hbe 'mot take this 8 ; the court he wo! g responsibility --Of. aside verdict if it is guilty. The prosecu-- tor said that the' taxpayers of Lake county were entitled to a decision from the jury. e proved a case of against Roy W. Bracher, m Har-- old Martin, Caleb Busick and Clark State's Attorney Smith informed the court that bhe weould not nolle prosse the tabe against the five de-- C. Nye were found not guilty of the charge of conspiracy to defraud the county of $100,000, by a jury in the cireuit court of Judge Arthur Fish-- er late Thursday night The ver-- diect was returned at eleven o'clock after a five hour deliberation by the jury to which the case was given at seven o'clock. In commenting on the verdict Friday morning Col. A. V. Smith, state's attorney, who personally conducted the prosecution of the second hu;n: of the famous short-- age case, : "In view of the in-- structions given to the jury by the court, there was nothing else for them to do but to bring in a not guilty verdiet." _ _ _ At 3:10 o'clock Wednesday after-- noon, after listening to lengthy ar-- guments Circuit J':&, Arthur Fisher ruled that the had not former county treasurers and Har-- old Martin, Caleb Busick and Clark Wednesday afternoon by Circuit Judge Arthur Fisher of Rockford, the defense side of the case was started, but was brief, the defense resting in less than an hour. BRACHER AND Jury Frees Defendents In $100, 000 Shortage Case On Retrial Jury In Frist Hearing Dis-- Busick had done that work for him Roy Bracher and Ira J. Pearsall, charged After Disagreement. NOT GUILTY he weuld not noll Come spuiththe Ave oo He«said he © 'mot & B " $ " 5 ity dm' Sage* gt~ 4k it is guilty. The prosecu-- over-- oil