The Helena independent., 1894-12-13
THEIR POINT OF VIEW
Hanks Dealings With the Great Fails Bank
as Seen by Prosecution and
Defense.
A DAY OF ARGUMENT TO THE JURY.
Assistant District Attorney Shelton, Col.
Sanders and Col. Botkln Make
Very Able Speeches.
A DAY OF ARGUMENT TO THE JURY

The United States court room was
crowded yesterday to hear the argu.
ments 20 the Jury In the case OF WIN
hanks, eN'prcsident OF the Merchants
National bank of Grrnt Falls, ON trial
Tor misappropriating over $4,000 OF the
FUNDS OF that institution. Assistant
hslrict Attorney Shelton made the
opening argument for the prosecution.
re carefully reviewed the main fea.
lures OF the case. pointing out that at
the organization OF the bank Hanks
swore on the organization certificate
To being the owner OF 6l5 shares OF its
stock that he began his account by
.oNerdrawlng SllO; that his overdraft in-
creased the first twenty days Of the
banks existence 10 between 5000 and
$1,000; thar his indebtedness continued
to grow increasing between June 30
1899, and July ~. 1898, over $Si. .OOO while
between the same dates the cash de.
creased from Slt, 600 60 81 500 MIR. Shel.
ton reviewed the Cascade bank stock
transaction ana the transfer Of the
Great Falls ranch by Hanks to l.. n.
Hershheld ON July II, 1898. and claimed
that by these transactions the Mer-
chants National bank OF Great Falls
was deprived ~ security Tor Hanks
heavy Indebtedness. Mr. SheltOn's
argument occupied the entire morning
session. II was listened 10 with marked
attention.
Col w. f. Sanders opened for the de-
tense at the afternoon session. He
clal,ned that there was no time when
Tanks obtained the money from the
1auk that he did not believe he was
able 10 replace Il. There was proof
that he did not have the ready cash but
there was also proof that he had ample
means to pay his debts and leave
Great Falls with $4,000 in his pocket
The colonel referred TO the panicky
times which preceded the bank fail
ures OF 1898. The pledging OF the Cas-
cade stock and the transfer OF the
ranch. he claimed. were but evidences
on Hanks desire to sacrifice everything
to uphold and help out the Merchants
bank of Great Falls. I'VE are not
here 10 revenge ourselves on somebody
because the bank failed" said Col
sanders. I'VE are not TO punish Hanks
because he was hopeful of his pros
poets or indiscreet In his investments.
We are not here To turn public calam-
ity into an individual crime" Col.
Sanders spoke for an hour and three
quarters
Lieut.-Gov Botkin followed for the
defense, and spoke for one hour. He
began by referring to the national bank
ing system as one In which there were
many deficiencies. one of these de-
fects was that the bills Of a bank were
better secured than the depositors.
Another abuse was the excessive loans
to officers of bank. The fault of the
Merchants bank In this respect was
lack of prudence. That, however. was
a matter of legislation. by increasing
the individual liability Of stockholders
He mentioned this, not so much for the
Information Of the jury, as for the
benefit OF Col Sanders or Col. Carter
when they should reach the Senate of
the United States.
II will attend 10 IT," remarked Col
Sanders.
Hanks. continued Col. Botkin, was a
public spirited citizen who had by his
enterprise sought 10 advance the inter-
ests OF the community in which he
lived. He had been involved in the
general ruin, and the penalties he had
suffered were sufficient His hopes
We're blasted. his prospects gone. II
would be most unjust TO add to this
the penalty of crimtA Mistakes were
to be deplored. but not punished as
crimes, Col Botkin spoke Of the glow
ing prospects uf Great Falls as warrant
ing any man of enterprise engaging In
extensive business transactions, and
concluded with the appeal To the jury
10 consider all the circumstances and
not blast what prospects Hanks might
have by verdict Of guilty.
Lawyer Carter will conclude for the
defense to-day, and District Attorney
Leslie viii then close the arg ument for
the government.