Scores? Yetl
, The Oregon Statesman)
leads the field la tiring yon.
complete sports news. Get
the habit of turning to T!ie
Statesman sports page for
cores and same det-"-.
Weather
Increasing cloudlnesa to
day and Thursday, becom
In a; ansettled; moderate
temieratnre. Max. temp.
Tuewday 49, mln. 28; river
10.2 ft.; north wind.
1651
EIGHTY-NINTH YEAR
Salem, Orocjoa, Wednesday Morning. February 21, 1940
Price 3ci Newsstands 5c
No. 284
.EDavidl Draper D
y of Larceny
VLp-TUUUI
eoarec
anaannai
in One Ear . .
Paul Mauser $ Column
There were three men who
aroused our curiosity out in the
middle of Commercial street yes
terday. Heedless,
of traffic, they
were standing on
the Tfllow llnp
down the center!
of the street.
Two of them Just
stood, about 100
yards apart, oc
casionally r u b
blng their hands
or looking with
a little more
than casual in- Pm a Hai. jr.
terest at a passing motorist.
The third one would start next
to the man on the south and look
out across the street, writing
something down in a little book.
Then he would look to the other
side of the street and write some
thing down in a little book. Then
he would move on about five feet
and repeat the same process until
he eventually reached the man on
the north end.
When that happened they
I larked the place with chalk and
moved on nntil the man who had
been on the south end was stand
ing where the north man had been
standing. From there they started
all over again.
We watched this out the win
dow for some time and pretty soon
were fit to be tied. So we tied on
our muffler and went out in the
street.
We sidled up to the man on the
south end, noting that he was
standing on a tape measure which
stretched up to the man on the
north enl.
We asked the man what they
were doing out there, so fearless
of automobiles.
"We're taking the topography
of the street," the man said. "How
the buildings look and all that."
"Oh," we said. Then, after pon
dering a moment. "Highway de
partment stuff, huh-"
"Yeah," he said. "I suppose
they'll turn it over to the traffic
division."
"Whatll they do with it?" we
asked, our nose lor news turning
cartwheels in the breeze.
"Damned if I know wharthey'll
do with it," he said.
So we walked on. marveling at
the wonders of engineering.
The Germans seem to figure it's
all right to sink a Norwegian hip
m the English channel, but when
a British destroyer feinks a Ger
man ship in Norwegian waters
that's a Nurse of a different color.
A butcher in a certain South
Commercial street market was
last week presented with a quart
of very fine ola beverage. He trea
sured it aDd had taken but a few
tips of its contents when on Sat
urday he and his family moved to
another bouse.
The butcher's first act in his
new house was to find a hiding
place for his treasured bottle. lie
found an admirable cubby hole,
where it should be safe from all,
in the basement.
Monday the tired meat cutter
rame wending home from a hard
day among the cutlets and be
thought hlniM-lf It would be nice
to have a little tonic before din
ner.
But, alack and alas, the cubby
hole was bare.
Irate, he accused members of
his family of dispatching his hap
py water.
Then his wife told the story.
She had that day cleaned the
basement, as wives will, and had
found the treasured bottle. Think
ing it some vile fluid left there by
former tenants she had dumped
the contents down the drain and
sent the bottle off with the Junk
man.
Yesterday, among his chops and
his potroasts, the butcher was not
a happy man.
Washington Sees
Initiative Okehed
OLTMPIA. Feb. 20.-;p-A rul
ing today by Attorney General
Hamilton that the state constitu
tion could be amended by Initia
tive procedure was viewed as of
possible far-reaching effect.
The opinion was on the filing
of an initiative proposing to
amend the constitution to provide
for a one-house legislature. Sec
retary of State Belle Reeves had
asked for the legal ruling as to
whether or not she should accept
the unprecedented initiative, filed
by three Seattle men.
Political observers Immediately
saw In the attorney general's rut
ins the possibility that other revi
sions of the constitution might be
attempted by the direct Initiative
method,., rather than by popular
vote after the legislature has ap
proved any proposed amendment.
Male Companion of Girl
Accused of Killing Held
WrAR REX, Ark.-(Wednesdayy
-Feb. Il.-iiP)-K. L. Richmond,
agent In charge of the Little Rock
office of the federal bureau of in
vestigation announced early today
that Harold Finn on Burkes, 23,
Jailed at Warren, Ark., had con
fessed to aecom pan ylng Mrs.
nimnAm n. Henry when she killed
a traveling salesman near Lake
1 -ir;.
Charles, La. last Wednesday.
Soviet Claims Capture
Of Vital Finnish Fort
Koivisto City
Taken; Planes
Snread Raids
Helsinki Silent on Word
Kev Point Conquered;
British Ships Hit
Viipuri hy Friday, Reds'
Goal; Say 47 Planes
Are Shot Down
(By The Associated Press)
Soviet Russia's army, fighting
at top speed to give itself the
Finnish city of Viipuri as a birth
day present, today reported the
capture of the vital Finnish fort
and city of Koivisto and sent 800
planes to raid nearly every com
munity in the southern part of
Finland.
The red army communique said
its troops occupied the town and
fortress of Koivista yesterday and
cleared the enemy from the Pen
insula. The army also said 47
Finnish planes were downed in
air fights.
Finnish Military
Says Attacks Repulsed
The latest Finnish military re
ports, coveting mostly the fight
ing on Monday, merely said that
enemy attacks in the air between
the Gulf of Finland and Lake Mu
ola were repulsed. There was no
comment from Helsinki early to
(Turn to Page 2, Col. 1.)
Manager Petition
Filled, Silverton
Measure to Co on Ballot in
May; Police Will Get
Pair of Uniforms
SILVERTON' Initiative peti
tions asking that the new city
charter providing for a city man
ager form of government be
placed on the May election ballots
will be presented to the city re
corder Wednesday following the
vote of the Silverton planning
council last night.
A total of 141 names of legal
voters is required to place Peti
tion on the ballot. Dr. P. A. Loar
explained that 180 names bad al
ready been obtained by those cir
culating the petitions.
Dr. Loar, president of the plan
ning council, spoke enthusiastic
ally concerning the support it was
receiving on its move, particular
ly, he added from people who
were not members.
SILVERTON, Feb. 20. Mayor
Zetta Schlador and her six coun
cilmen will own two policemen's
uniforms until December 31,
1940, according to vote taken at
the special meeting of the city
council tonight.
The budget, accepted last au
tumn, provided for a raise of $5 a
month for each policeman, for
which he was to purchase a uni
form and the mayor was given au
thority to order uniform to her
liking. But the police reported
that they were unable to purchase
uniforms on the instalment plan
of $5 a month. The motion passed
tonight provides that the city will
buy the two uniforms and the ex
tra 5 a month will be withheld
(Turn to Page 2. Col. 4.)
Polk Pioneer Dies
MED FORD. Feb. 20-ifp)-F. E.
W. Smith. 71, Wagner Creek
farmer for 45 years, died here
today. He sawed lumber with
his father In the construction of
Medford's first buildings. He was
born In Polk county.
Salem Chamber
North Santiam
The Salem chamber of com
merce board or directors cuie
to the aid of the Willamette Ba
sin commission and ordered a
letter sent to the state fish com
mission urging It to take imme
diate, definite action on the ques
tion of approving or disapprov
ing construction of the North
Santiam river flood control dam
below Detroit.
Called Into special session, the
board was told that the United
States army engineers and the
US forest service were refusing
to carry out a cooperative agree
ment for relocation of the North
Santiam highway to make way
for the dam until the fish com
mission had given its consent to
building the dam.
Construction of the new roaa
between Niagara and Detroit was
originally scheduled to get under
'way this spring under an agree
City and County
Offices Sought
V
1
Agnes C Booth, above, who filed
for return to the county school
superintendent's office yester
day, and Hannah Martin, below,
who declared her Intention to
run for Salem city recorder.
Two Women File
For Offices Here
School Superintendeney,
City Recorder-ship Are
Aspirants' Choices
By STEPHEN C. MERGLER
Women monopolized the politi
cal picture A ere yesterday as two
riled for office. Mrs. Agnes C.
Booth for her return to the posi
tion of Marion county school su
perintendent, and State Repre
sentative Hannah Martin for the
$2400-a-year job of Salem city
recorder.
Mrs. Booth, appointed the last
year, did not deign to compose
a fancy slogan and platform to
accompany her declaration of
candidacy, filed at the county
clerk's office, but wrote, only,
"Present superintendent of Mar
Ion county, Oregon."
Teacher and later principal in
15 years' service to the Salem
Heights grade school. Mrs. Booth
was appointed county superin
tendent by the county court fol
lowing the death of Mary L. Ful
ke'son. who held that office, now
non-partisan, for more than 20
Tears. She is a resident of Turn
er route one.
Mrs. Booth's only opponent to
(Turn to Page 2, Col. 5.)
Asks Action,
Dam Question
ment between the army engi
neers and the forest service. It
would mean the elimination of
eight miles of narrow, crooked
highway, last barrier to fast
travel over the North Santiam
route.
The chamber directors based
their action on a report submit
ted to E. H. Bingenheimer, pres
ident, by the chamber highways
committee, consisting of Harry
N. Crain, Paul B. Wallace and
Douglas McKay, chairman of the
Willamette Basin commission.
The report, growing out of a
conference with R. H. Klpp, ex
ecutive secretary of the basin
commission, found as follows:
1. That pending determination
of whether or not a flood con
trol dam is to be built on the
North Santiam river west of De
troit, which would- affect the lo-
(Turn to Page Cel. .l -
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T . ;
- )
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: .- -X .
... - .. .
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' 5 p irk ',tt 1-v i.
"frLmm. , ! "
J ' V
r: -
,-. I...., n ' i. L."- . 21
Norway Ready
To Free Nazi
Prison Vessel
Broken Propellers Will
Prevent Departure,
Captain Says
Chamherlain Raps Little
Nation and Defends
Recent Raid
OSLO, Feb. 20.-;P)-N o r w a y
appeared ready tonight to permit
the stranded German prison ship
Altmark to quit Norwegian terri
torial waters, but prospects of an
early departure were dimmed by
the disclosure her propellers were
broken.
Despite a British demand that
the ship be Interned, informed
Norwegian circles indicated the
government would give Capt.
Heinrlch Dau of the Altmark the
go-ahead signal any time he wants
to lift anchor.
Morse Aroused at
Blown at Shipping
While tension over the three
way wrangle along Norway, Bri
tain and Germany over the Alt
mark persisted, feelings among
Norwegians were stirred further
by reports of two more blows to
her already hard-hit shipping.
The 2,250-ton steamer Hop was
missing with a crew of 18 while
eziroute from Norway to England
and the 7,850-ton motorship
Sangstad was mined in the North
sea. The Sangstad's crew was
saved
Capt. Dau said that so far as he
was informed no official restraint
had been placed upon his vessel
and he felt free to leave at any
time with the good graces of Nor
wegian authorities.
He said, however, that the Alt-
mark's propellers were broken
when she was jammed against the
rocky shore of Gjosslngfjord Fri
day night during the British sei
zure of 299 prisoners aboard, and
that he had received no orders to
recondition her.
LONDON, Feb. 20.-(P)-Great
Britain today accused worried
Norway of "complete Indiffer
ence" to her obligations as a neu
tral In her failure to free 299
British prisoners from the Ger
man vessel Altmark.
Commons Hears
Raid Commended
Using a cheering house of com
mons for a sounding board, Prime
Minister Chamberlain said that
Britain could "in no circumstan
ces accept" the Norwegian view
that the Altmark had a right to
transport prisoners through Nor
wegian territorial waters. He de
fended the British navy's raid into
Norwegian waters, in which the
Destroyer Cossack rescued the
prisoners, terming the action "a
very gallant affair."
Shortly after Chamberlain
spoke, a French government
spokesman said in Paris that the
French and British navies would
take "all measures" to make sure
that Norwegian waters are not
used for belligerent purposes.
Companion Kills
Hunter-Surveyor
GOLD BEACH. Ore.. Feb. 20.
M. Pettyjohn, 25, a sur
veyor on the federal . hydro-electric
project at Bonneville, was
killed by his brother, Robert, 20.
late today while they were bunt
ing deer. State Police Corporal
Guy Forsythe reported.
Robert Pettyjohn, superinten
dent of a crew at Bonneville, and
Vernon Turner, Gold Beach, hunt
ing companion notified officers of
the tragedy and Tnrner led them
to the body.
Young Pettyjohn and Turner
told Forsythe they had separated
from the elder Pettyjohn who
shot a deer and was packing It
into camp. Robert saw the animal
through the thick underbrush and
fired, the bullet striking his bro
ther In the head. Forsythe said
the two men confessed to hunting
deer out of Season.
Coroner W. A. Cartwright plac
ed them under technical custody.
released them on their own recog
nizance and scheduled an inquest
for tomorrow.
Lemcke Search Dropped
VICTORIA. BC. Feb. 20-(CP)
-British Columbia police today
abandoned search for Steve Lem
cke, one of four crew members
still missing from the Tacoma,
Wash., seine boat Varsity which
u wrecked on the Vancouver
Island-west coast two weeks ago.
Three other crewmen, including
Captain- Hubert Ursich, reached
shore safely.
Jones Claims
Victory Over
Long Machine
Administration Trailing
hy 15,000 Votes at
Louisiana Polls
Long Refuses to Concede
His Defeat; Rest of
Ticket Is Losing
NEW ORLEANS, Feb. 21
- ( Wednesday )-(P)-Sim If.
Jones increased his lead for the
gubernatorial nomination over
Gov. Earl K. Long to nearly
20,000 at 2 a.m. (CST) today
with the vote in Tuesday's dem
ocratic primary nearing comple
tion. NEW ORLEANS, Feb. 21.
( Wednesday) - (JP) Louisiana's
democratic voters, aroused by
ever-widening state political scan
dals, Tuesday swept the absolute
old Huey P. Long political ma
chine to destruction on the basis
of conclusive but unofficial tabu
lations early today.
Sam Houston Jones, who had
pledged himself to rid the state
of the machine and prosecute
many of its staunchest members,
continued to increase his lead
over the machine standard-bearer
Governor Earl K. Long, who had
not however conceded his defeat.
125,000 Votes
Remain Uncounted
Jones lead with about 125,000
votes uncounted had gone up to
nearly 15,000 votes after he had
trailed by that number in the
early counting of New Orleans,
where the administration controls
the vote.
The returns from 1223 pre
cincts gave Jones 196,197 and
Long 183,586.
Jones issued the following
statement: "The results conclu
sively show that I am the next
governor of Louisiana. I have
written the plan of Louisiana's
future in my campaign. God will
ing and with the help of the
people, I will achieve its fulfill
ment." Jones had apparently carried
his entire ticket of lieutenant
governor, attorney general and
superintendent of public educa
tion into office with him, on the
basis of the early returns. His
slate had a big lead over the
Long candidates.
Elarly returns also showed that
members of the supine old state
(Turn to Page 2, Col. 5.)
Johnson Says FR
Is Demoralizing
Says Nomination Worthless
to any Other if He
Remains Silent
WASHINGTON, Feb. 20.-(JP)
Senator Johnson (D-Colo) ac
cused President Roosevelt today
of "demoralizing the democratic
party" by failure to make known
his Intentions in regard to a third
term. Johnson has been boosting
Senator Wheeler (D-Mont) for the
democratic nomination.
"The president will be drafted
unless in a most vigorous manner
he makes it perfectly clear to the
American people that he will de
cline the nomination," Johnson
eaid in a statement. "If it be his
intention in the final analysis to
submit to. draft, his present atti
tude of silence is smart politics.
If, on the other band, the presi
dent has no Intention of accepting
the nomination, his continued si
lence is terrible and he must ac
cept the full responsibility for de
moralizing and disrupting the
democratic party.
"If this silence continues, the
democratic nomination will be
worthless to any one other than
h.mself including his favorite.
"If the president has a person
al choice, there is no reason that
he should not take the people into
his full confidence now. It is far
beneath the dignity of the office
of the president of the United
States to plan the manipulation of
delegates."
Santiam Road's
Okeh but Dusty
Engineer Finds
The North Santiam highway Is
in excellent condition, except for
dust.
That was the report brought
back yesterday by County Com
missioner Jim Smith and Cow'v
Engineer N. C. Hnbbs, who drove
to Idanha to investigate a piling
deal.
Hubbs declared there was dust
flying along parts of the road
despite recent rains and snows.
He said there was no snow from
a point 11 miles above Detroit on
west. While a heavy blanket of
snow covers the summit section
along the highway, the road. itself
is clear and In good traveling
condition. - .
Jurors Find Treasurer Took
$2686 After May 15, 1936;
Deliberate for Seven Hours
He Took County
Cash, Jury Says
Found guilty last night of a
charge of larceny of county
money, David G. Drager, Mar
ion roanty treasurer for 24
years, maintained steadfastly
that he was Innocent. States
man ctaff photo.
House Told NLRB
'Loaded' Hearings
Board 'frrged Witnesses not
Favoring Change to
Testify, Shown
WASHINGTON, Feb. iO.-(JPf
House investigators received evi
dence today that the labor board
had carried on an Intensive cam
paign last year to bring witnesses
before congress who would op
pose amendments to the labor re
lations act proposed by the AFL
and others.
The house committee investi
gating the board learned that the
agency had detailed eight or ten
lawyers to "legislative work"
while the senate labor committee
was conducting hearings on the
proposed amendments.
Letters and other documents
Introduced by Edmund M. Toland.
committee counsel, showed that
board members had urged educa
tors, businessmen and others to
testify.
Robert Condon and Allan Ro
senberg, two of the attorneys de
tailed to "legislative work," iden
tified scores of letters sent out
by board officials in an effort to
line up witnesses who would op
pose the amendments.
Attempting to show that Con
don was prejudiced against the
AFL and favored the CIO, Ed
mund M. Toland, committee coun
sel, brought out that Condon had
labeled one of his files "potential
AFL beefs" and another "AFL
sq'uawks.'"
McMinnville Votes, Buy
Power From Bonneville
McMINNVILLE, Ore.. Feb. 20.
-P)McMinnville voters approved
purchase of 1000 kilowatts per
year of Bonneville power in a
special election tonight.
The vote was 851 to 15. The
contract, which tonight's election
makes effective, calls for delivery
of the power by October 1, IS 40.
i, ,-'
Bonneville Draws $600,000
Pig Iron Plant, Vancouver
PORTLAND, Ore., Feb. 20.-tf,)
-A 20-year contract for Bonne
ville power was signed today by
the Sierra Iron company, a Neva
da corporation, which announced
it would construct a $600,000
iron reduction unit Immediately
at Vancouver, Wash.
The original unit costing $120,
000 will handle 100 tons of pig
iron daUy. Ultimate plans, how
ever, provide for a $600,000 plant
producing 500 tons daily and em
ploying abont 400 men. Paul J.
Raver. Bonneville administrator
said 1500 kilowatts of firm power
would be delivered Jnne 1.
President Roosevelt's forecast
that new Industries would move
to the northwest's vast power re
sources is born out, government
spokesman at Washington said,
by the signing of the Sierra con
tract and the recently signed con
tract with the Aluminum Corpor
ation of America. .
Government spokesmen said
the company's products would be
Defendant to Appear Next Tuesday for
Sentence; Appeal not Decided on;
Verdict Reached at 9 o'Clock
Special Instructions Asked and Given
on Period of Conversion; Trial of
Richardson May Open in March
David G. Drager, Marion county treasurer for 24 years,
was found guilty of larceny of $2686.38 of county funds be
tween May 15, 1936, and October 31, 1938, at 9:10 o'clock
last night after jury deliberations extending over a seven
hour period.
Judge L. H. McMahan, on consultation with Defense At
torney Custer E. Ross and Special Prosecutor Francis E.
Marsh, set next Tuesday for passage of sentence.
Statutory penalty for the offense is not less than one nor
more than 15 years imprisonment and a fine of not more than
twice the amount found to have been illegally converted from
public use.
O The finding of the Jury as to
Willie Biof f in
Jail, out Again
Film Capital's Union Czar
Taken to Chicago to
Serve old Term
CHICAGO. Feb. 20-;P)-Villiam
Bioff, stocky motion picture labor
chief, rode in and out of jail to
day on a merry-go-round of legal
action.
In the midst of the swift se
quence of events, he announced he
has resigned as chairman of the
conference of studio unIof4, the
control centc of most of the AFL
organizations in the Hollywood
industry. He emphasized, howev
er, that he would retain his other
position as a representative of the
International Alliance, of Theatri
cal and Stage Employes.
Bioff whisked Into town on an
airliner from California at noon,
surrendered to detectives and was
hustled to the Bridewell lockup to
begin serving an uncompleted six
month term imposed here in 19ZZ
when he was convicted of pander
ing.
He was fingerprinted, given i
dingy uniform and assigned num
ber 1288.
But less than an hour later, his
counsel rushed before Chief Jus
tice John Prystalski of the crim
inal court and filed a petition for
a writ of habeas corpus.
The Jurist issued the writ and
ordered the prisoner released
pending a hearing next Friday.
The bond of $5,000 was provided
hv a bonding firm, and Bioff
walked out of Jail, natty in bis
blue ensemble.
Roosevelt Sails
Pacific's Waters
ABOARD THE USS LANG, AT
SEA, Feb. 20.-(AP via wireless)
SUU studying problems of inter
American defense, President
Roosevelt cruised through Pacific
waters today In the vicinity of
the Panama canal sone.
! During the afternoon he drop
ped his. studies long evvngh to
try his hand at sailfiahhig from
the USS -Tuscaloosa, his ernise
shin, near small islands off the
Costa Rican coast.
Mr. Roosevelt was Interested
particularly In a broad policy of
hemispheric defense, he told - a
press conference.
The time of the president's re
turn trip through the canal was
not revealed.
marketed on the Pacific coast and
added there would be savings. on
transcontinental shipping rates
and on power costs.
The plant will be constructed
on a 23-acre site directly north of
Terminal No. 2, D. H. Botch ford,
president of the Sierra company,
announced. Water and power -for
construction will be supplied by
the city of Vancouver.
"In determining to establish
the plant at Vancouver, considera
tion was given to many proposed
sites, both on the Willamette and
Columbia rivers In the vicinity of
Portland, Botch ford said. The
advantage In the site chosen Is
that it has access to four railway
lines and river and ocean ? borne
transportation." .
Rarer said the company plan
ned to expand Its power consump
tion to 30,000 kilowatts within
two years, which would mean an
annual .revenue of $500,000 for
the Bonneville authority. He said
.(Turn to Pag 2, Col. S.) ,
the exact amount taken, a sum
considerable less than the $23.
520.41 charged In the Indictment
returned against Drager and his
former deputy. W. Y. Richardson,
on May 15. 1939, was dependent
on a special instruction given the
Jury an hour before the verdlt
was returned.
At that time the Jury, through
its foreman, Lelf Bergsvik, told
the court:
"Before we can arrive at a de
cision, the jury wants to know
how we can arrive as to the am
ount of money alleged converted
by the said defendant. Should it
be between the dates of October
31, 1936, to October 31. 1938, In
clusive, or should it cover the en
tire period?"
Jury Tcld t Start
Prom May 1.1, 1036
To this the court responded
that the Jury should find the am
ount taken between May 15, 1936,
the date three years immediately
prior to Drager's indictment, and
October 31, 1938, after which the
state does not charge that county
money was converted to private
use. The original Indictment had
charged the $23,520.41 shortage
over the entire period of Drager's
incumbency as county treasurer,
dating back to 1915, bnt as of Oc
tober 31, 1938.
Ross Indicated last night that
the question of appeal of the ease
had not been decided. The defense
has 10 days In which to petition
for an appeal to the supreme
court.
The defendant, who was pres
ent when the Jury returned Its
verdict, evinced no emotion
while It was being read and in
conversation afterwards repeated
his earlier claims of entire inno
cence. His resignation from the
office which he still holds, while
not made last night, is expected
to come within a short time.
Trial of Richardson, the for
mer deputy, remained undecided
last night as the treasurer's trial
came to a conclusion.
Richardson Trial May
Begin Early Next Month
Prosecutor Marsh indicated
that he had no desire to delay
the Richardson trial, but Indica
tions were that Judge McMahan.
on whose court docket eases are
pending in Albany during the ,
next two weeks, would set the
hearing for a date after March 1.
Edwin Keech. Richardson's coun
sel, has favored postponement
from the date immediately fol
lowing the Drager .trial which
was originally aet.
Dismissal of the Jury occurred
shortly before 2 p. m.. and fol
lowed the reading of extensive'
written instructions by the eonrt. ,
in his instructions. Judge Me-
Mahan declared that to find the
defendant guilty, the . Junr must ,
find that he "converted to his
own use' funds belonging to the ;
county, and that auch conversion
meant "exercise of dominion by
doing such acts or allowing suck
seta to be done as to deprive
Marlon county of the advantages
of owning such money or Its right
to use and enjoy It."
Both Had Access
To Funds, Says Court
Both the defendant and Rich
ardson had access to the county
money," the court said, "bnt the
mere fact of opportunity doea not
prove the crime."
In respect to the relation of '
Richardson and Drager in the
treasurer's office, the court de
clared: -
"No presumption exists in law
that the defendant must know
of the unlawful acts of his dep
uty. Yet the law assumes that a
person Intends the ordinary con
sequences of his voluntary acts.
After reviewing the statutory
requirements relating to the
making of reports weekly, month
ly and semi-annually by the treas
urer, the court told the jury that
it was i to determine whether or
not in the present Instance such
laws have been complied with.
"If not." the Judge said, "the :
ury may - take this evidence for
what it is worth in deciding the
defendant's guilt - -
Final .arguments of Ross and
(Turn to Col. 4.) .