The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1894-04-13
Judge Knowles Hold That the
Indictment Against Him
Is Sufficient.
The Opening ststemen Made by william
Waiiace-The Trial Liable to BE
Lengthy One.
HELENA, Mont, April IL, 1894.


Bachelor trial in the argument as to
validity Of the Indictment and when an
adjournment was taken for the day, it
was generally conceded that the prosecu.
tion had the best Of it,
Court convened this morning at 10
o'clock. and Judge Knowles defined his
position substantially as follows: IN one
count the United States declared that
the defendant had injured and defraud-
ed the bank 10y canceling the notes Of
his father. James W Bachelor. and re.
ducing such Indebtedness uy substitut
ing notes Of his own in the amount Of
$4,000. In this count it is claimed that
the notes so given and signed by the de-
fendant were bad and worthless. In an
other count of the same indictment the
United States claims the father Of H. r.
Batcher to be insolyent and in the count
above it will be seen that no mention is
made as 10 the worth Of j. ". Batche-
lori. but the prosecution stated that the
intent of such elision by the grand jury
was IN case.the defense would claim and
prove that the father of II. +. Bachelor
was solvent at the time his notes were
taken and discounted by the bank. then
the second count would meet this by as
serting fraud by the defendant in ex-
changing his own worthless notes for the
good notes III proved TO be such OF his
F.tL I N a.
counts, the prosecution said, would cover
the two phases that might arise as TO
the misapplication Of funds through the
device used by the defendant in taking
the worthless paper Of his father. The
defense objected to the two counts re
ferred to above, contending repugnancy.
The court overruled the objection.
The defense objected to all the counts
wherein il was stated that certain sums
of money were distracted and embez.
zled. such sums being denominated as
dollars only. The fact that the defend
ant was accused OF embezzling the sum
Of $4,000 WIS not. the defense claimed
sufficiently specific, as it should have
been charged IN the indictment that the
money was lawful money u the United
States and some specific value. Such
objection was overruled by the court.
The objection to the count relative TO
the Water a Electric Light company. IN
in which it was charged that the defend.
ant misapplied over $4,000 by loaning
such sum on the notes Of said company.
when he knew that such notes were not
adequate security for the sum loaned.
The court stated that the objection to
such count would be sustained, as il was
apparent to his mind that the defendant
was not guilty Of a misapplication Of the
banks funds in this case, but the offense
might be fraud in forcing the bank TO
discount the notes when he knew such
notes to be insufficient security for
such sums loaned the company.
The defense abided by such decision,
without any further objections as to the
other counts OF the indictments. which
placed further proceedings in the hands
Of the prosecution.
Hon. William Wallace, on behalf Of
the prosecution, at l0:225a. m. m..commenced
reading the indictment, which occupied
over half an hour. The reading OF the
indictment was followed by the opening
statement by the United States. in which
Mr.. Wallace addressed the jury, and relat
ed the history Of the transactions Of II.
+. Bachelor and his connection with
the bank from August ., 1886. to the
date Of his stock transactions in 1889 90
He stated that the prosecution will prove
that at the time that Mr.. Bachelor ac.
cepted the position of cashier. August .
1856, he made an affidavit on his assess.
ment list that he was only worth s34O
and the same will show that up to the
time he became president of the bank
and up to the date Of the suspension, his
list showed him never to have been worth
in excess OF $500. The United States
further will endeavor to prove that AT
the time Mr.. Bachelor became connect.
ed with the bank he substituted his
notes to the amount Of 81 800 and with.
drew for his own use money to the like
amount The prosecution will also
prove that during the time Mr.. Batche-
lor was heavily indebted to tho bank that
he made a practice Of giving his notes
to the bank for amounts of over s25 600.
taking up many small notes that had ac.
cunulsted from his overdrafts and other
Withdrawals: such notes he drew
to bear interest at the rate Of IL per
cent, such interest the records Of the