The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-12-16
|FHITTLED IT DOWN.
Ir.dre Hanford Rules Ont Much
Of Atkins Indictment.
,,.f PROSECUTION IS CLOSED.
Get . Big Judgnsnt-Hvs.
cysssnsn's Matrimonial Expert
eees-Nrs- woIfessfsfn Losss-

asst before the federal court adjourned
~stsrsay afternoon Judge Hanfora. upon
s.r<,sa 81 the defense. dismissed the rrss.
<.@and. third, fourth. eighth. ninth, eIev-
- ana fifteenth counts In the lrdEcs-
- AGAINST Charles 81. Atkins. the al
s.,.s hank wrecker. but limited that other
sssnts which the defense wanted thrown
a ~ousd be permitted TO go 70 the Jury.
/ - government closed It's case during the
.<sernoon. much TO the surprise OF those
.ss<nt. az IL was expected that II would
=. untsI Monday TO put In the remain
- ssssence. but the defense mace some
~x~isssons which the government thought
xoald be necessary to prove. The case
-. over until Tuesday morning. when
- defense will begin calling It's wit
..<xss One Of Atkins counsel said last
.lyRs that II had not been decided as to
z-ssttsr or not the defendant would be
....sa on TIE stand. George p. Blanch-
I'D The receiver OF the defunct bank. was
sxxrplred at length as to the condition IN
.aaek be found the affairs OF the institn-
..sa al the time he took possession In
..exer 10 questions from Mr.. Brinxer, he
-. his estimate Of the value of the as
- showing that there was on deposit
.ssseet 70 demand and time deposits and
.aaunts owing other banks. In other
xarss the total liabilities. as Is. He
..s,saated the total assets % be sS2.5s7.
.ssca he said he considered to be very
Bhesal sstimate.
Tsonas Tyler was put on the stand and
NJ. Bunker endeavored to get at the con-
.srutsons which he had with the bank
nSke.,x Tyler Ii one Of the alleged
s.s<u5s Of the defendant who. the govern
utnt claims. was given valuable securi-
,,Ss after the bank had closed Its doors.
re defense, however. has established the
faet that Tyler was given the notes 10 Sc
care deposit Of 8. 500 which he had left
]. he institution with understanding that
n case Of failure he was not to lose any
ming Tyler testified that he had had
<gnyersatlon with Assistant Cashier Lloyd
.sa was about TO detail II when the de-
ssnss objected On the ground that Atkins
Aad not been present and Judge Hanforo
ssstained the ohjection-
Mr.. Davis. who was the assistant cash
ikr OF the Merchants National bank OK
Tacoma In It's prosperous days. and VINO
4 now the assistant to the receiver. gave
evidence TO the effect that the defendant
hsa drawn a draft for 5000 on the funds
o. the whatcom bank. In which he was
Interested. which were then In tho ~aase
National bank of New York. and that
The money Was used by tbs Tacoma bank
70 pay Q private debt owed by Atkins to
n. New York bank. Samuel Coilyer. the
former cashier Of the Tacoma bank. gave
similar testimony.
Then the prosecution rested and the
counsel for the defense argued motion
for the dismissal OF thirteen counts or
the Indictment Judge Hanford dismissed
the FIRST three counts. charging the de-
fendant with the mlsapplica ton OF the
notes which were given to Tyler a. Sc
curity for his deposit. In doing 50 the
court said tho Indictment charged that
TIE misapplioation OF notes by Atkins IN
giving them To Tyler was done without
be bank receiving any value for them
BAT the evidence allowed that the bank
It'd receive value by the cancellation or
the account which Tyler had against the
bank. In view OF these facts. the court
aid that there was failure OF proof
and that nothing remained for the jury's
The court also dismissed
The fourth count. charging the Defendant
xith turning over to another friend
80 note. because the number OF the note
was given wrongly in thu Indictment
The eighth and ninth counts met q similar
tate. for tho reason that they charged
the defendant with having embezzled 1000
Of the banks money at the time he was
PRESIDENT. when In truth. be was cashier
On the day In question The eleventh
count alleged that the defendant made a
false entry on page <os OF one OF the
hooks. but the evidence allowed thai the
alleged false entry appeared on page go.
THIS little error secured dismissal of
'As count. The fifteenth count charged q
fasse entry on page .. but the evidence
Disclosed that IL was page -. and that
count was also dismissed