The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1894-04-26
THE CASE.
h Jury Find Him Guilty on the Count
Charging Misrepresentation.

Sha'RinS
After twenty-four hours deliberation
the jury in the case OF Harry +. Batche.
lor came into the United States court
yesterday afternoon, and returned a YER
dict of guilty on the second count Of the
indictment, which charges him with
wilful misapplication of $4,000 of the
funds Of the bank. while it's president,
by loaning it to himself individually.
When the jury retired Monday after
noon they % an informal ballot. which
resulted in eight for conviction and four
for acquittal. Another informal ballot
was taken. This stood seven for convic-
tion and five for acquittal. The first for
NAL ballot was taken later on, after there
was time to talk the matter over. On
this there were eleven for conviction and
one for acquittal. The one man held out
all night. In the morning when court
met the jury came in and asked to have
the instructions read again on the second
count, relating to the loans Bachelor
made tohimself. This was done, and the
jury again retired. After the noon re-
cess, at two o'clock. they came into court
again. and Foreman Gilpatrick stated
that they were unable TO agree. Judge
Knowles said they had been two weeks
trying the case and he would not excuse
them. The jury were sent back, and re
mtlnaI m thHtr rnnrr fua mora bn,~,
The n juror her came over. provided
the others would agree to convict on one
count, and recommended to the mercy
Of the court. This was agreed to. At
foN o'clock the jury came in and an.
uSunced that they had agreed. Clerk
s proule took the verdict and read it. 1t
was:
We the jury in the above entitled
cause, find the defendant guilty under
counts numbered as follows: Count
numbered two"
Appended to it was the following, as a
separate finding: we. the jurors in the
above entitled cause, respectfully recon-
mend the defendant to the mercy Of the
court"
Bachelor was taken charge Of by
Deputy Marshal Davidson. who was in
charge Of the marshal's Office during the
absence Of Marshal McDermott. His
counsel wall make a motion for a new
trial.
The second count Of the indictment.
on which Bachelor was convicted.
charges that between January /. 1891.
and July ]. 1888. while president. direc-
tor and agent of the Stockgrowers Ma
tIonal bank Of Miles City. by virtue Of
his position, he w%ilfully misspplied $40.
i22 ~ Of the moneys. funds and credits
Of the bank. 1t is claimed that Batche.
Tor. without the knowledge or consent Of
the bank or the board Of directors. well
knowing himself and This father. j. W.
Bachelor. to be insolvent and worthless.
procured from j. w. Bachelor promis
sorry notes which he endorsed. and got
money on them, without other security.
and knowing il to he inadequate Sc
curity; and took up his own indebted
ness by substituting notes endorsed by
his father and by William Harmon.
George Newman and c. L. Merrill.
knowing them to be inadequate security
fort he sums represented. "All of which
sums" the indictment said, were mis-
applied wilfully and in the manner afore
said out Of the moneys. funds and credits
Of the bank. and converted to his own
use with intention to injure and defraud
the bank. its depositors and other persons
and firms doing business there"