Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-09-23
By TELEGRAPH.
CASE IS AssnOosIO.
ne essersnsn. cssld Fisd ~ Prssa q essst
q Asa Pultss.

Brrov. Sent. 2-After nine days Of
pfors by the United States government
represented by District Attorney Hoar,
ex-tssyernor Robinson aud Assistant DIS
.riet Attorney Thompson. to convict Asa
p. Potter OF making false entries In sne
books Of the Maverick National bank. AL
attempts hsve failed and Mr.. Potter Is
derlsrsd net guilty by order OF the court.
There were no demonstrations and little
surprise was manifested. as il had been
rumored about the courtroom during the
recess that the district attorney and his
associate. ex- Governor Robinson. had be-
come 80 discouraged by the adverse rub
inss Of the court that had met every at
tempt TO connect Potter with the crime,
shat they had to abandon the ease as
'.lost CAUSE" which it was hopeless to try
to save
When the court came in at $50 Judge
Putnsm read from the stenographic re-
port Of the case extracts from the testr
mony of Cashier Work. by which It was
attempted by the district attorney to show
that Potter had authorized the talsinca-
tion Of the reports Of the bank 70 the clear
ing house. The court then said that the
evidence so far produced in the case failed
to show any connection between Potter
and the paying teller who made up there
ports TO the clearing house.
1.-THE evidence of Cashier Work" the
court continued, has not connected the
accused with the acts Of the paying teller
and Sd far as can see, from Information
that the district attorney has given me OF
what It is possible for him to prove. the
accused cannot be connected with the
natter"
No Fusther Trouble for Potter.
This disroses of the last indictment
against the accused, and il the exceptions
taken by him at the trial At which he was
convicted and sentenced to pay fine of
$500 and serve three months in the house
OF correction are sustained by the supreme
court at Washington Mr.. Potter will
probably never receive punishment for any
of the offenses which have been charged
against him,
The failure of the prosecution Is in no
sense due to neglect or iueiiiciency OF the
governments attorneys, The indictment
WAS as good one as could he drawn I'M
der the statute. and all the law that could
be found favorlng the government Us side
of the case had been found out and pre-
scented TO the court
The failure is due to two things at least
First. there Is no statute adequate to meet
the case in any particular respect, ana,
second, it was impossible TO produce PROOF
that MIR. Potter himself actually ordered
the false entries to be made in the books.
OF course, no one ever coutended that MIR.
Potter himself actually took pen and
tamper.d with the books.
a Lack OF Proof
The question OF the admissibility OF evil
deuce which would tend to show direc-
ton by Mr. Potter to have the false entries
made was argued for more than an entire
day by counsel, and Judge Putnam de-
cided late Wednesday that the prosecution
might introduce evidence If conversations
be tween Mr. Potter and Mr.. Work rela-
tive to changes in the statement to the
clearing house which would make the re-
serve ''look better" or look WELL" the
court saying that, in order to make such
evidence of value, 1t must he followed by
proof which would connect MIR, Potter
with the orders given by Cashier Work TO
the men who made the false cutries.
After trying all the forenoon 20 get any
thing out of Mr. Work which would meet
the requirements of the courts decision,
District Attorney lIoar id that he could
not produce proof to meet the require
ment, and would submit to any verdict
that the court might see fit to order
Judge Putnam then said that the gov
erument had done all that IL could; that IL
had been diiigent and faithful; but 1t
could not supply evidence or make law.
and that under the circumstances he must
order verdict for the defendant, which he
did
n .