The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-05-27

Full Text of Judge Bakers Charge to
the .Iurx

prosecution are men who have long occu-
pied conspicuous positions in the business
and social life of this community Their
reputation for honesty and integrity at the
time of the transactions involved in this in
yeStgation was above question or suspicion.
Naturally this would be so. for, without
such reputation they could not have at
tanned TO the high and responsible stations
which they have occupied. Whether hon
est or dishonest. one admitted to such
places must have an assured reputation for
it is that the class of offenses denounced by
the national banking act always concerns
men of the highest standing for ability and
integrity. This accounts for the severe
penalties denounced by Congress against
the violation of those laws, rules and regu-
enjoyment of the national banking system.
In this class of offenses Congress has de-
parted from its usual custom in criminal
legislation and does not permit the court
to determine the measure of punishment
according to it's discretion, but for itself has
declared that il men of the high character
of those employed in the national banking
system and their aiders and
abettors shall violate the laws
made to protect the. public from wrong
doing by those engaged In the high and re-
sponsible trusts reposed in them, that they
deserve and shall receive no less than five
years imprisonment. Without doubt Con-
gress feared that courts might yield to
such influences as were improper and light
~ punish reputable men for doing the forbid
and trusts whose faithful performance Con.
gress was determined TO secure by these
severe penalties.
To neither court nor jury has been COM
mitted the power 10 condone these offenses
by the imposition OF light trivial pun
ishment, as is permitted in most other cases
In federal criminal procedure. The statute
itself is protest against allowing our
judgments to be controlled by sympathy for
fallen pride and shipwrecked lives. The
court must caution you that while you are
not expected to be without charity for the
mistakes and Eisfortunes of men, nor
which ali instinctiveiy feel for the fallen
and unfortunate, STILL IN obedience to the
oath which binds you. 1t is your duty to
sons, and to do equal right TO the poor
and TO the rich alike. and true verdict
the government and these defendants, ac-
cOrding to the law and the evidence. This
is the measure of your duty. If these de-
PENDANTS nave been proven guilty you must
e true verdict render and so declare: if they
have not been proven guilty you must like
wise render true verdict and make a true
guilty. That yoy, will perform this duty
fearlessly. honestly and impartiaily, the
court does not in the least doubt
1t is your duty to observe and follow the
law as given you by the court. In the
State court in criminal causes the jury is
made Judges both of the law and the facts
Such. however. is not the rule in this court.
Here the court pronounceS the law, and it
is your duty 10 accept and apply ii to the
case given to you by the court You are
the sole judges of the facts and any state
ments Of fact made by the court are not
controlling upon you. If any such state
your attention to the matters of fact which
the court deems important, and not for the
purpose of controlling your Judgment.
UNLAWFUL BANK ACCEPTANCES.
The business Of banking cannot be safely
and successfully conducted except by the
exercise Of care. diligence and good faith.
The funds intrusted to banks represent
the scanty savings of the poor men and
xxrorr of ba try 10
accumulations of the rich: and their preser-
walton from loss by careless and IMPROVE
dent loans constitutes trust of the most
sacred character. No officer of a bank
has any right to hazard the loss Of such
trust funds by making loans of them to
parties of doubtful solvency upon doubt
full securities. The acceptance by any Off
Ger of a bank of a bill of exchange or
draft is an unlawful act unless IL is drawn
In good faith against actually existing val
ues No officer of bank has any right
TO accept any bill. draft or other paper
and give credit therefor on the books OF
the bank as cash credit unless such officer,
at the time of its acceptance. honestly be-
NeveS such bill. draft paper TO be the
actual equivalent Of like amount of mon
ey. The security OF business and me pres
ervation of the people from loss and injury
demand that there should be vigorous
enforcement of these salutary principles of
good faith and honest dealing on the part
of the officers of the bank.
In order that you may better understand
by the proofs to the law governing it, 1t
Is proper that the court should give you
erai offenses with which the defendants
stand charged They are charged with hav-
Ing aided and abetted one Theodore .l p
First National Bank. in doing various acts
and in the commission of various offenses
Statutes of the United States Tais section
Is as follows Section 500. Every presi-
dent. director. cashier, teller. clerk or agent
of any association (meaning national bank
ing association who embezzles. abstracts
or willfnlly mislpplies any of the moneys.
funds or credits of the association; or who,
without authority from the directors. is
sues or puts in circulation any of the notes
of the associations. or who. without such
authority issues or puts forth any certih-
c Ne of deposit. draws any order or bill
of exchange, makes any acceptance. as
signs any note, bond. draft. bill OF eX-
change. mortgage. judgment or decree; or
report or statement of the association with
intent in either case. 10 injure or defraud
polite or corporate, or any individual per-
son. or TO deceive any officer Of the aSSo-
citation. or any agent appointed to examine
re affairs of any SuCa asSocia ton; and
very person. who with like intent, aids or
ahets any officer. clerk or agent in any
vi,lation of this section. shall be deemed
guilty of a misdemeanor. and shall be i'm
ll.s1ned not less than five years nor more
than ter"
1t is unnecessary 10 notice or enumerate
all the different acts which this section de-
scribes and makes criminal 1t will be
sufficient to direct your attention TO those
ofIenses In the commission of which the
defendants stand charged with aiding and
abetting. The indictment, which contains
forty-Six counts charges the defendants
with aiding and abetting in only two
classes OF the criminal acts enumerated
and described in the statute. They are
| charged with aiding and abetting Theodore
| +. HauChey. president OF the Indianapolis
National Bank. in the willful misapplica,
| ton of tho moneys, funds and credits OF
| tent to convert the same TO the use and
benefit OF the Indianapolis Cabinet Com.
| pany. and also with aiding and abettins
said Theodore p. Haughey such presi.
dent in making or causing TO be made GER
| tain false entries in the books of the bank
with intent TO injure and defraud.
EXPLAINING THE CHARGES.
The first thirty-six counts in the indict
| ment charge the defendants with unlawful
! Iy and knowingly aiding and abetting The
/ odore p. Haughey, president as aforesaid
in various offenses of willfully misapplyinf
| the moneys funds and credits OF the Indi
annapolis National Bank for the use and
: benefit OF the Indianapolis Cabinet Com
/ pany. They charge. in substance, that on,
Theodore z. Haushey. as president OF th,
{ Indianapolis National Bank, who haC
been intrusted by its board of Director
with the custody. control and management
{ OF the moneys, funds and credits Of ths
/ bank, which bank had been duly organ
I III