Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-03-05
DANE CONVICTED.
The Bank Wrccker to be Sentenced
To-day-Will Appeal to the
Supreme Court.
A Rotten Gang-Intimidating a Wit.
ness-Fountain's Promise-The
Albuquerque National
in IT,

The New MEXICAN yesterday received a
telegram from Las Cruces stating that the
trial of Chas. H. Dane, president of the
defunct national banks of Silver City and
Deming, had reached a conclusion and
that the jury had found the defendant
guilty as charged in the indictment.
There were twenty-five counts or specific
charges against the defendant but he was
tried on only one, that of embezzlement
in the Deming bank case. The trial last
ed nearly two weeks. The maximum
penalty for the offense for which Dane
has been convicted is fifteen years in the
penitentiary and $4,000 fine. Dane will
be sentenced by Judge Fall to-day. He
will, in all probability, take an appeal to
the supreme court. He will be asked to
furnish heavy bond, pending an appeal.
1t is not likely he can give bail and he
will either be put in the county Jail or
brought here to the penitentiary.
HE GAVE IT AWAY.
Frank H. Siebold, the ex-cashier of the
Deming bank, was the strongest witness
for the prosecution. He testified that he
went to Mexico after the bank failures
but returned to Deming some three weeks
ago. Shortly after his arrival he was
visited by Dane, who asked him to return
30 h., ,,lJ l. .f
he did so. Siebold refused. The same
evening Siebold was visited by Dane and
Col. p. R. Smith. They had long con-
versation regarding the failures and Col.
Smith told the witness that he, Sicbold,
was just as guilty az Dane and that he
had better return to Mexico on horse
that night. Smith agreed to furnish
horse. Siebold replied he would rather
60 to the penitentlary in this country il
he had TO than remain in exile in Mexico.
They endeavored to intimidate him by
threatening him with an indictment if he
remained. They promised him with i'm
munity from punishment if he would go
away. Siebold asked for their authority.
He was shown typewriter letter, but
was not allowed to see the signature.
Col. Fountain had promised that no in
dictment would be found against him if
he would return to Mexico.
Col. Fountain was formerly assistant
United States attorney, drew the indict-
ments against Dane, and was in possession
of all the secrets of the prosecution, but
later he seems to have got into the en-
ploy of the defense.
THEY WERE IN ooLLUsIoN.
The most damaging testimony given by
Siebold was in relation to $4,000 over
draft on the Albuquerque National bank.
So many crooked transactions had &C.
Cured that it appears to have become
necessary to enter into collision with the
Albuquerque bank.
The books of the Deming bank showed
that the Albuquerque bank owed the
former $4,000 in October, 1891, but the
monthly statement of that date showed a
balance in favor of the Albuquerque bank
of $31O.67. The Deming bank charged
the Albuquerque bank with the item of
$4,000, but the latter bank did not
credit the former with the charge. Dane
knew that the statement was wrong, and
the president of the Albuquerque bank
must have also known it. Dane after
ward had the Albuquerque bank charge
the $4,000 note up and then had it re-
turned, stating that he had to 60 east in
of an intended visit of the bank exam
liner, Siebold could again send it to the AL
buquerque bank and thus square &C.
counts, SO the examiner would not be-
come aware of the shaky condition of
the banks. There was an understanding
between the Deming and Albuquerque
banks that they should inform each other
of the coming of the bank examiner.
DIRECTORS WE'RE SUSPICIOUS.
Col. j. P. McGrorty testified that he
was elected director of the bank in
1892, but did not consider the election
legal as there was only small portion of
the stock represented. Witness was APP
pointed with Mr.. John Corbett as a dis
count committee. They examined the
money and found it correct. When shown
the notes of the bank they were surprised
at their character and refused to serve as
directors of the bank, advising Dane to
ask the eastern stockholders who owned
two-thirds of the stock to send commit
tee to examine the affairs of the bank and
endeavor to do something to prevent its
collapse. Dane admitted to them that
most of the notes in the name of other
parties we're made for his, Danes, bene-
fit.
Ralph w. Mead, ex-sssistant cashier of
the Deming bank, gave exhaustive testi-
mony concerning the crooked transac-
tions of the bank. His testimony was of
the same character as the others.
Bank Examiner Lazier testified con-
corning his examination of the bank and
its closing. The case was given to the
jury late Saturday afternoon and it was
out only a short time.
DON'T fool with indirestiOn. Take