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


established by the proofs. Did Theodore
p. Haughey, as president of the Indian
apolfs National Bank. and with intent TO
inJure and defraud said bank, as charged
and described In the several counts of the
Indictment relating to that subject, un-
moneys. funds and credits of said bank
by cashing or paying, or causing TO be
cashed or paid, checks drawn upon II By
favor of various persons. firms or COM
panies when said cabinet company had
no funds or credits on deposit against
from its board Of directors? If he did,
he has committed the offense of wilffui
misapplication as charged and described In
the several counts of the Indictment re-
lating TO that subject which have been es-
tablisbed by the proofs.
Did Francis A. Coffin. Perctval 3. Coffin
and Albert s. Reed, unlawfully and know
ingly, and with the like intent TO injure
and defraud said bank. aid and abet said
of said bank, in unlawfully and willfully
misapplying the moneys, funds and credits
OF said bank as charged and described in
the several counts of the indictment relat-
ing to that subject which have been estab-
lished by the proofs? II they , did they have
ting in the willful misappllcation of the
Toonevs funds and credits of said bank as
described and charged in the several counts
of the indictment relating TO that subject
which have been proved
REASONABLE DOUBT QUESTION.
If the government as TO any count or
counts of the indictment has failed to prove
the allegations therein contained to your
satisfaction beyond a reasonable doubt, 1t
will be your duty to find the defendants
not guilty as to such count or counts. If,
| however. you are satisfied beyond reas-
enable doubt that Theodore p. Haughey is
guilty of the willfui misapplication of the
moneys, funds and credits of the Indian
apolis National Bank with intent TO injure
and defraud said bank as charged In the
count counts of the Indictment relating
to that subject, and tiiat the defendants
unlawfully and knowingly, and with the
like intent, aided and abetted said Haughey
in such willful misapplicauon as charged
in such count or counts, then you ought to
find the defendants guilty as they stand
charged in such count or counts or the in
| dictment. You may find the defendants
guilty upon all of the counts OF the indict-
ment If you are satisfied beyond a reason
YOU NAV find the defendants guilty upon
| one or more of the counts of the indictment
and not guilty upon the others You may
find all the defendants guilty or not guilty;
| or you may find some of them guilty and
| others not guilty. Before you can find any
| one of the defendants guilty, you must be
| Satisfied of his guilt as charged in some
one of the counts of the indictment beyond
] reasonable doubt In order to make the
(; defendants liable aiderS and abetters as
| charged in the indictment, 1t is necessary
| that they should be proved to have done
or said something showing their consent to
| and participation in the unlawful and GRIM
inal purpose of Theodore z. Haughey, and
| contributing to its execution.
| FALSE ENTRIES COUNTS.
We come now to the offense of aiding and
| abetting in making or causing to be made
| false entries in the books of the bank.
| The counts of said Indictment, from the
| thirty-seventh to the forty-sixth. inclusive,
| charge the defendants with aiding and
| abetting Theodore p. Haushey in making
| certain false entries in certain books of the
1 m
| substance. that Theodore Z. Haughey, be-
ing the president of the Indianapolis Ma
tional Bank, which had peen organizeu ana
| and by virtue of the national banking act,
with intent to inture and defraud said
| bank did, on the goth day or March, 1872,
| unlawfully knowingly and willfully make
and cause TO be made in certain DOCK or
the bank, under the account OF the Indian
apolis Cabinet Company, and in the credit
| column, a certain false entry, 10 Wit: SzO,-
| 4S0.76, which entry purported TO show and
| did indicate and declare that the Indian
| apolis Cabinet Company had, on SAID day;
| deposited in said bank moneys, funds and
| credits in the sum OF $40, .l6, and was en-
| titled TO credit therefor upon the books of
1 the bank; that said entry was false as said
| Haughey well knew. because said cabinet
| company had not on said day deposited
| said sum with said bank and was not en-
| titled TO credit therefor in said book of said
| bank, but was entitled to credit for less
| sum- to wit: SIT. 4s0 76 more or less, the ex-
| act amount being unknown to the grand
| Jury And the defendants are charged with
| unlawfully aiding and abetting said Haugh-
| ey with like intent, in making such false
| entry The thirty eighth count relates to
| the same false entry as charged and de-
| scribed in the thirty-seventh count, and diff
| fers from il in no material particular
| cspt in charging that the false entry was
made with intent TO deceive any agent APP
| pointed or TO be appointed by the Control
| Ter of the Currency TO examine the affairs
| of the bank. And the defendants are
charged with aiding and aoettng sag
| false entry
| The thirty-ninth count differs from the
| thirty-eighth in no important particular eX-
| cept in charging that a false entry was
| made in a certain book of the bank on May
| 8. 1898. purporting to show deposit IN sad
| bank to the credit of the Indianapolis Cabi-
| net Company of $44, 600 when said cabinet
| company had not said day deposited
said sum or any part thereon, WIN lnten mt
to be appointed by the Controller
of the Currency TO, examine the al
] fairs Of said bank. And the defendants are
charged with aiding and abetting said
| Haughey with like intent in making SAID
! false entry. The fortieth count differs from
| entry to have been made with intent 10 IN
iure and defraud said bank. The forty
| of the bank purporting to show a deposit
| to the credit of the indianapolis Cabinet
Company to have been made lea IN sac ID oa lir
| of SO, 069.04, when said sum was not nor
! was any part thereof, deposited in SAID
| defraud the bank. And the defendants are
charged with aiding and abetting said
| Haughey with like intent in making salu
false entry The forty-second count relates
| to the same false entry described in the
| forty-first count and differs from 1t only IA
| charging the intent TO have been TO De
| ceve an agent appointed or 10 be appointed
| by the Controller of the Currency TO ex-
| anime the affairs of the bank. me Iorty-
third count charges false entry IN book
| of the bank purporting to show a deposit 10
! the credit of the Indianapolis Cabinet COM
pany TO have been made in said bank on
the 5th day of January. 1893, of the sum OF
| So. 723. 10, when said sum was not nor was
| any part thereof deposited In said bank
| on said day. with intent TO injure and de-
| fraud said bank. And the defendants are
charged with aiding and abetting sale
! Haughey with like intent in making sale
| false entry. The forty-fourth count diners
| from the forty-third count only in charging
the false entry to have been made with IN
tent to deceive the agent appointed or to be
| appointed by the Controller OF the Curren-
! cy 10 examine the affairs or SAID bank
THE FORTY-FIFTH COUNT.
The forty-fifth count charges false entry
in a book of the bank purporting TO show
| deposit of S13,27S09 TO have been made in
said bank on the 18th day OF September,
1892 to the credit of the indianapolis Cabi-
net Company, when in truth, the said cab
;oot cop,napu uoS entitled credit for a