Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1882-09-13
The Crafty Cashier.

surprise in store for some one when the
votes are counted out in November.
The Crafty Cashier.
Franklin, Pa, Press
AS stated in our last report, the
court quashed several indictments
against j. n Craft, the embezzilng
cashier of the Exchange Bank, relat-
ing to the embezzlement Of the funds
of the bank. The one charging him
with feIonious embeZzlement went to
trial. After the evidence was in, the
court Instructed the jury that the de-
fendant was not servant" " as named
in the indictment, but that under the
articles of association, which were
produced in court, be was a trustee,
holding the legal title of all property
of the bank except real estate, and
would not be guilty of felonious en-
bezzlement. The Judge said that the
uncontradicted evidence showed that
the defendant had stolen $l65, ,0OG; |;
nevertheless, he was not guilty of en-
bezzling as a servant, and could not be
convicted under the law. "He is," he
said, guilty of breach of trust, and
may be as morally guilty of stealing as
any thief on earth" but if found guilty
under the indictment, the court would
have to grant a new trial. Under
these instructions the jury at once
rendered verdict of not guilty.
As the public may be curious to
know the precise nature of the matter
| on which this ruling was based, we
transcribe that portion of the Exchange
Banks articles of association which
bears upon the subject:
The legal title of all the property of
the Association, except real estate,
shall be held by the cashier thereof for
the time being, in his own proper name,
with the addition, Trustee of the Ex-
change Bank of Franklin" in trust for
| the use, benefit and behoof of said AS
sociation; but he shall not have author
ity to sell, assign, transfer or encum-
ber the same or any part thereof, un-
less empowered thereto by special
resolution adopted by the Board OF
Directors and entered on their minutes,
or in conformity to Bylaw of said
Association and at the expiration OF
his official term said title shall vest in
his successor, and he shall, ii required,
execute such instrument as shall be
sufficient for such transfer of title
Plain folks, not versed in the pro-
| fundites of the law, would be puzzled
| to know Just how cashier could skin
| the vaults of such an association, in
violation of the express restrictions
and limitations of the latter clause,
without being guilty of a felony. The
| law says, however, that this cashier
| didn't feloniously embezzle. He skin
ned the concern of about every skinna-
BILE thing he could lay his hands on,
and converted it to his own use, but
he "skunn and converted according to
| law.
With this starter in the series OF
cases against Craft, the rest Of the
story is easily told He was next
brought up on the charge oflarceny by
bailee, or oath of j. l.. Bycrs. The
latter swore to entrusting $l4, $50 of
water stock with Graft for safe keeping
in 1879. Craft recently confessed to
him that he had taken the stock to
Pittsburgh and put it up as margin
on oil. Graft called it steal. 1t vas
fully proved that Byers' certificates
were pledged by Craft at the Merchants
and Manufacturers Bank of Pittsburgh,
and that they, together with certain
bonds belonging to the Presbyterian
Church of Franklin, were released
when the Exchange Bank redeemed
certain of its own securities which
were also pledged by Craft for money
borrowed there.
The defence offered no testimony,
but interposed five points Ali the i'm
portant points in this case were mega
tivcd by the court, who charged the
jury clearly indicating his opinion that
according to the law and evidence
there had been bailment, and that
tue defendant had fraudeLtly converted
the property to his own use. The jury
was informed that if Graft had received
the securities as cashier he could not
be convicted, but were admonished
that there was no evidence that he
had so received them.
The jury retired and court adjourned.
In about two hours they agreed upon
n verdict, which was sealed Half an
hour afterwards the verdict was known
all over town. Next morning they
came into court and rendered verdict
of mot guilty" The verdict was evi-
IDENTIFY surprise to the Judge. Turn
ing to the jury he said with a great
deal of quiet emphasis, Gentlemen,
you are discharged from this case, and
from further attendance on this court"
Following are the names of the Jurors;
j. r. Fitzgerald, VIM G. Eakin, S. NJ.
Lupher, VIM. Smith, Ethan Stone,
Charles King, j. c. Hartshorn, n
Winegart, Porter Phipps, Amos Dun
bar, s. A. Lowell, Henry Morrison.
While the counsel were consulting
as to what to do with the remaining
indictments against Craft, the Judge
quietly inquired of the District Attor-
ncy whether he had not case of some
fellow who had stolen ham to keep
his family over Sunday, that they