, 1880-05-02
The Arguments for the Prosecu-
ton and the Defense.
4 Strong statement on One Side and
Pathetic Plea on the Other.

| TIE AUTHORITY OF THE DlAECTDta
to issue the Bushnell certificates of deposit il
| part payment for the purchase OF the Bushnell
! stock r
| The Court remarked that the Government hat
shown sufficiently that the circumstances of tht
transaction were So extraordinary and out O.
the usual line Of business that in any event tht
/ burden of proof was on the defendant to sho"
| TINT he WIS authorized. It was unnecessary
| therefore, to submit any authorities.
| Gen Leake, in beginning his address to the
| jury, read Sec 5,201, on which the Indictment
was based, and, after stating what was set forth
| In the several counts, claimed that the aliega-
| tions In each had been clearly proved.
| REFERRING AT LENGTH TO THE BUSHNELL
TRANSACTION,
Gen. Leake remarked that Bushnell evidently
knew what he was talking about when be said to
Allen 81 You need that stock" and Allen. after
hesitating for some time, and after saying that
neither he nor the bank hAl the money ~ buy
it, bought 1t, Knowing that unless he did So
Bushnell would post or to Washington anu haSe
1t Receiver appointed in lcss than no time. The
pretcnse that the stock was bought for the bank
Allen bought it for himself. Besides, 1t was in
violation Of the Bauking law fora bank to bn J
bunker put $50 000 into rutten bunk. supplied!
it with funds right struight along, and yet never
looked into the dctGls Of its busiiless,~-ilever
even knew how to open the vault door, thou9h
he had the combinntion.-w:ls TOO SILLY TOR
anybody to believe but II fool or an insane per
son. ga,n the certestes M At OF stock sr negca 70 70
he found. The Receiver had never seen them,
Allen knew noIhins about them Cleveland
knew nothing. Had that stock been taken for
the bank these certificates should uow appear
among the papers.
Gen: Lenkc then took up the sturges- Allen
corn-d deaf, and the issue By the bank OF margin
certificates Of deposit without corresponding
amount of money being put into the bank The
moment they we're issued without Il do!lar being
1at1n a
lated, and that moment did Allen become
offender against its provisions. Whatever
any Of them were paid, taken up, Or settled
tho fact remained that, as result Of such trans
action, there was Il liability now against the as
The other counts 10 the indictment charged a
misapplication Of the, funds. From Aliens
story It would appear that Immense sums Of
til, when the Receiver came in: there was Just
1900 in cash: Somehow or, other, all the Di,
fsstor Ssan rRe s5 ont ndfr eav bis seS thumb 6en haa
West Murphy. Mutt. and Bowen From MUIR
phys Owl ow9 admissions ,11 appeafed that be never
he housht was for she Of the
bank His memory OF having testified in Iowa
to bis own improper dealings with trust-funds.
ported testimony On that subject as impossible
to come from an honest man. he simply didn't
remember. His memory was likewise defective
he had lost in speculadons previous to the time
when he represented himself as putting 51,50J.-
0o9 or more into that bank.
There Were several things, said. Gen. Leake4
that were
VERY CLEAR AND PLAIN.
In the first place, Allen bought into the bank
Yember, 1871, he wss Indebted to the bunk siss,-
goo on call loans. His private account was then
66e oa at Ct ne
to Nr; Cleveland and simply told him to enter up j.
credit Of $6oo0oo- 1t was not possible for a
haye been put In was vas actualiy pn1 ID. T The trut1
was, there was hole in the bottompf that vault
The truth WIS. that the trust-funds Of that bank
we're lost1-used up in Aliens ruinous specula-
tons.
In conclusion, Gen. Leake said the issue was
very plain, # the jury could say .' he did it,
the Government must submit to their decision.
JUDGE COLE
get out upon a very skillful address to the jury
He stated to the twelve that he had known his
tury, and had known him as an honest man. He
did not even now believe him otherwise, nor did
be think the jury BY their verdict would say he
was
y There were just three points, claimed the
Judge, that were entitled to serious considera-
lion These were the giving of the Bushnell
two notes for s1O,ooo each nude By Allen |
to D. D. Spencer and the giving Of the
anS he n9
Judge Cole claimed and proceeded to argue at |
51me length TINT the bank mnae the purchase |
of the stock, the certificates were issued By the
authority of the Directors, the notes paid with |
he same sanction, and that there was no intent |
Y to defraud anybody. Coming down to !
he question Of margin certificates, judge Cole
rev distinction between the first and second is
'uances, regarding the lattertof which he claimed
snew anything about their issue. As to the first
'et, the Judge admitted thnt Allen knew about |
9%t 50 dd tue other Directors who
9ut simple guarantees anyway, and when a
1anker gave one he did no more than when be
a r. the poe dst % @ sh 81 baak ha
1ecame q depository for these certificates.
showed that the Directors knew Of them AS to
hat MANY of them wore liot unprofitah]e, ashod
)een stated, but just the reverse and that some
d tnem were made long. before the period in
or atlea md II trust thoy finally all accounted
TIE CREDIT OF 100000
Ssd s What be had Put
he apP9epT'ate.' the the fTsr money s1kea n Ga fbs
.harsc up to bis Account. Eyerv aet of 1ann aIIen
= connection with the bank showed good faith,
te went III u millionaire and came out begenr
lts beneyolence and goodness. An honest man
~ . not become rnguc tn 4 moment Judge
oe sa'a o 20 ad not ask fur sympathy, but for
net, tD bereavement such as he had suffered f.
Mould 9 not he addod1the iguominy Of q felon's l.
Allen WINGED q trite as his lawyer REFERRED to
rs fosses and bis great tbereayement,-the death |
! his "ite,--and his eyes for the moment ilIcd
'ith tears As II ashamed Of them, the now
ough. looking explorer OF the Guunison country
pcedlly brushed them aside.
MR. R1snEE
1adc the closing speech for the defense. going
Fer mich OF the ground previously trodden. l..
1t nu bringing put the points ou which he relied
.ith hls customary clcverness. 1t was neces-
1fy. nc said, for tho Government to show in- |
antr anu this, he claimed. it had not done, He !
as proceeding to the general question Of ON L.!
czzlement when the Court interrupted him by |
eHlafklaS, Z" iDu need not discuss nny Of tha |
ounts except those bearing directly upon Tho |
1ansact1on with Bushnell and the marlin cer- |
nca1c counts There is no sufficient cyiIence !
!, sustain the charge of embezzlement.'
ar. Nsbee- apparently very much relieved !
ent on to say that, In this view Of the ci,sc the
acstlon rs to what Allen put in or took 0u1t t.
ore simply upon the question Of intent in iss,,
g s, me certificates. bushnell. Us he put it. was
aown 70 be terror and Aliens motive in
1yiDg his stock for the bank was Simply to.
eep lt up. There was no question but that |
pcncer ana Bowen played upon him The nofes
LUIS Hushneu transaction were nude purahlc
spencer, as President discounted by tie state ]
WINGS and, Wnen mattlrcd, were presented tn i
e g LOOK tounty National aud pufd.
1ue usual recess POSTPONED tho rarrotodor ri, i
10 speech Until r'1.frk ~AAAee1 VI