THE PEOPLE . MCKINNEY.

unlawfully, fraudulently and feloniously did convert to his own use and embezzle, contrary to the form of the Statute in such case made and provided, and against the peace and dignity of the People of the State of Michigan.

And the said Prosecuting Attorney who prosecutes as aforesaid, further gives the Court here to understand and be informed, that the said John McKinney, late of the city of Lansing aforesaid, heretofore, to wit: on the fourth day of September, A. D. 1860, at the city of Lansing aforesaid, in the county aforesaid, then and there being an officer of the State of Michigan, employed the Treasury of said State, to wit: as State Treasurer of said State, and being then by virtue of such his office and employment, entrusted with the receipt, custody, management and control of money of the said State of Michigan, feloniously did embezzle certain money of the said State of Michigan, to wit: the sum of other four thousand dollars and of the value of four thousand dollars, being parcel of the money of the said State of which he then had the custody, management and control, by virtue of his said office and employment in said Treasury as aforesaid, and did then and there fraudulently and feloniously apply and dispose of the same to his own use and benefit, contrary to the form of the Statute in such case made and provided, and against the peace and dignity of the People of the State of Michigan.

And the said Prosecuting Attorney who prosecutes as aforesaid, further gives the Court here to understand and be informed, that the said John McKinney, late of the city of Lansing aforesaid, heretofore, to wit: on the fourth day of October, A. D. 1860, at the city of Lansing, aforesaid, in the county aforesaid, then and there being an officer of the State of Michigan, employed in the Treasury of said State, to wit: State Treasurer of said State, and being then and there by virtue of his said office and employment in said Treasury, charged with the reception

THE PEOPLE . MCKINNEY.

and safe-keeping and lawful disposal of moneys of the said State, for said State, unlawfully, fraudulently and feloniously did convert to his own use and embezzle a portion of the said moneys, entrusted to him the said John McKinney for safe keeping and lawful disposal as aforesaid, to wit: the sum of other four thousand dollars and of the value of four thousand dollars, of the property of the said State of Michigan, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the People of the State of Michigan.

And the said Prosecuting Attorney who prosecutes as aforesaid, further gives the Court here to understand and be informed, that the said John McKinney, late of the city of Lansing aforesaid, heretofore, to wit: on the third day of November, A. D. 1860, at the city of Lansing aforesaid, in the county aforesaid, then and there being an officer of the State of Michigan, employed in the Treasury of said State, to wit: State Treasurer of said State, and being then and there, by virtue of his said office and employment, entrusted with the receipt, custody and management of moneys of the said State, did then and there, by virtue of his said office and employment, and whilst so employed as such officer in said Treasury, have, receive and take into his possession and control, a large amount of money of the said State, to wit: the sum of other four thousand dollars and of the value of four thousand dollars, and the said money then and there fraudulently and feloniously did convert to his own use and embezzle, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the People of the State of Michigan.

And the said Prosecuting Attorney who prosecutes as aforesaid, further gives the Court here to understand and be informed, that the said John McKinney, late of the city of Lansing aforesaid, heretofore, to wit: on the fourth

10 MICH.-E.

THE PEOPLE V. MOKINNEY.

day of December, A. D. 1860, at the city of Lansing aforesaid, in the county aforesaid, then and there being an officer employed in the Treasury of the State of Michigan, to wit: State Treasurer of said State, did then and there, by virtue of his said office and employment in said Treasury, have, receive and take into his possession and control a large amount of other moneys of the said State, to wit: the sum of four thousand dollars and of the value of four thousand dollars, and the said moneys he the said John McKinney did then and there and whilst so employed as such officer in said Treasury, unlawfully, fraudulently and feloniously convert to his own use and embezzle, contrary to the form of the statute, in such case made and provided, and against the peace and dignity of the People of the State of Michigan.

And the said Prosecuting Attorney who prosecutes as aforesaid, further gives the Court here to understand and be informed, that the said John McKinney, late of the city of Lansing aforesaid, heretofore, to wit: on the twelfth day of December, A. D. 1860, at the city of Lansing aforesaid, in the county aforesaid, then and there being an officer of the State of Michigan, employed in the Treasury of said State, to wit: State Treasurer of said State, and being then and there, by virtue of his said office and employment in said Treasury, entrusted with the receipt, safe-keeping and disbursement of money of the State of Michigan, did then and there and whilst so employed as such officer in said Treasury, unlawfully and feloniously convert to his own use and embezzle a portion of the said money which had been received by him by virtue of his said office and employment as aforesaid, to wit the sum of other four thousand dollars, and of the value of four thousand dollars, of the property of the State of Michigan, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the People of the State of Michigan.

THE PEOPLE v. MCKINNEY.

And the said Prosecuting Attorney who prosecutes as aforesaid, further gives the Court here to understand and be informed, that the said John McKinney, late of the city of Lansing aforesaid, heretofore, to wit: on the twelfth day of December, A. D. 1860, then and there being an officer employed in the Treasury of the State of Michigan, to wit: State Treasurer of said State, and being then by virtue of such his office and employment in said Treasury, entrusted with the receipt, safe - keeping, and disbursement of money of the People of the State of Michigan, did then and there and whilst so employed as such officer in said Treasury, unlawfully and feloniously convert to his own use and embezzle a portion of the said money which had been received by him by virtue of his said office and employment as aforesaid, to wit: the sum of other four thousand dollars, and of the value of four thousand dollars; the said sum of four thousand dollars being at the time of the committing the felony aforesaid, the property of the People of the State of Michigan, contrary to the form of the Statute in such case made and provided, and against the peace and dignity of the People of the State of Michigan.

And the said Prosecuting Attorney who prosecutes as aforesaid, further gives the Court here to understand and be informed, that the said John McKinney, late of the city of Lansing aforesaid, heretofore, to wit: on the thirtyfirst day of December, A. D. 1860, at the city of Lansing aforesaid, in the county aforesaid, then and there being an officer of the State of Michigan, employed in the Treasury of said State, to wit: as State Treasurer of said State, did then and there by virtue of his said office and employment in said Treasury, have, receive and take into his possession for the said State, certain other money to a large amount, to wit: to the amount of three thousand dollars, and of the value of three thousand dollars, and

THE PEOPLE . MCKINNEY.

the said money afterwards, to wit: on the day, in the year and at the place last aforesaid, unlawfully, fraudulently and feloniously, did convert to his own use and embezzle; the said sum of three thousand dollars being at the time of the committing the felony aforesaid the property of the State of Michigan, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the People of the State of Michigan. STEPHEN D. BINGHAM, Prosecuting Attorney.

Stephen D. Bingham being duly sworn, says, that the foregoing information is true in substance, according to his best knowledge and belief.

STEPHEN D. BINGHAM,

Prosecuting Attorney.

Sworn and subscribed before me, this

seventh day of May, A. D. 1861.

L. REED, Clerk."

The following is a copy of the bill of exceptions, omitting mere formal parts:

"The said cause coming on to be tried by a jury of the said county of Ingham, for that purpose duly impanneled, good and lawful men of said county, at which time there come the said People of the State of Michigan by their proper Attorneys, Hon. Charles Upson, Attorney General, and S. D. Bingham, Prosecuting Attorney, and J. W. Longyear, Esq., for prosecution, and the said respondent John McKinney in person, as well as by his attorneys, Wm. H. Chapman, and O. M. Barnes; at which time the respondent moved said Court for an order requiring the prosecution to furnish him with a particular statement of the charges upon which they intended to rely in their prosecution under the foregoing information,