The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-04-22
THE End OF It NOT YET
All Of Saturday Taken Up With
Arguments in the Bachelor
Case.
The Assistant District Attorney
Finishes tho Opening for the
Prosecution.
Jadee strsvsiIe opens for the Defense
aud MAKES an Eloquent Plea for
His client.

The entire session Of the Unitsd states
cou yesterday was taken up with the ar
cuments in tho case Of II. +. Batehelo- OF
the stookg overs National bank Of Miles
City. The arguments we're not concluded
when cou.t adjourned. but will probably
end to- morrow. when the case will be gwen
90 the jury. Assistant District Attorney
Wall6ce occupied the morning and psrt Of
the afternoon with his argument for the
prosecution. lie referred 20 the 4. II. Lo-
gan notes as notes which never had any
existence and concerning which tho booAs
Of the bank we're made 90 state lie The
entries in the books he said. had been
made With she expectation that Logan
would sign the notos which had been given
him, After the two notes had run their
entire life, and there was no word from
Logan. they wsrs consolidated into one
note. and an entry made in the bills Esesiv-
able. a. IL Logan had made new note.
Yet Bachelor claimed there was no intent
TO deceive. because the paper itself would
have shown that the entries were mere
liss. No matter II INV one was deceived
II the entry had a direct tendency TO de-
ceivs Il was false entry and she person
making 10 was cTiminaliY liable. The OBJ
iect OF bank examination was TO show
the world the exact condition OF bank.
and the law in that resi- ect was meant TO
p event anyone making false entities Whlon
might tend TO deceive those reading them
Bachelor claimed when he consolidated
his own notes that 10 was 20 clear no ali
his old pane. The real motive Mr.. Wal
lace claimed. was TO make it live paper
that It might appear as such in tho report
to the comptroller; 10 avoid this eonss-
queness OF public reports and eHamina-
tons; and that there might be no assess
ment Of tho capital stock to mako up the
deficiency. As 20 the election expense
items there could be no verdict Of guilty
on those counts, Mr. Wsllsos admitted. az.
while there was reason 20 disguise their
real meaning, there was no Intention 70 ae-
csivs anybody contacted with toe bank
Clearer cases we're never esentsd, NJ.
Wallace contended. that the various note
Transactions. The opportunities To- com
uniting these wrongs were so many when
one had charge Of the books. that u was
hard to prove them. Bat when prove q
guilty the runishment should be enforced
guarded, and to warn others that banks
cannot be wrecked ~ random. He had
never heard Of a case Of embezzlement but
that 10 had begun without intention OF de-
Trading. Mr. Wallace found a motive In
the purchases of the large blocks OF stock.
10 was absolutely necessary, he said. that
Bachelor should fortify himself aRsinst On
Investigation Of the banks affairs b. sscur-
I ing control. lie got the eontrol and he
/ would never have been exposed but for bis
| continuous Withdrawals OF moneJ and the
hard times. Ii such q state Of affairs as
disclosed 81 tbs StockRrowers bank was to
\ be allowed 10 continue, all would have 70
admit that naiional baaks we're not NJ
/ places TO pot money.
Judge j. ". S.fsnelle opsnel the argu-
msnt for she defense. de said the prose-
cution desired the defendant TO stand -
scapegoat for all odenses committed under
tue national banking laws; 10 suffer fof his
Own and every one else's mis1eeds- lnis
happened TO be the hrst case. Therefore
they desired Bstohs!oT made an example
Of. Only few months ago these had
passed over the world a financial panic
such as tae Older men among them had
never seen befo e. nnd be hOsed the younger
men would never see again. Institutions
20 which empires we're anchored had been
swept away ~ chat before the wind. In
that disaster the defendant and tins insti-
tuition with which he was connected had
the misfortune 10 90 down. BstchslOr was
now srFeigned as though he was the vilest
criminal known 20 tno state o. Montana.
The prosecution chafgsl that Batclelor
had started out with The idea
OF defFauding the bank. This
was Absolutely lalss and not justified Nv
the evidence in the case. Say or do -
you please" sail Judge Strevelle. "and
believe as you may, / believe this defend
and 70 have been honest and conscientious
a,-.k a. a.. D. Il -
20 say he erred in judgment No man
should be cealt with severely for inisto -
tunes. No one should be DESTROYS OF add
ing 20 the troubles OF the defendant or
dragging Eim and his family down. You
may send him 80 tue Denltentiary u you
WILL continued Judge Strsvelle. But
there 10 not Lnan, woman or child IN Niles
City but who will say HAIRY Batchslor in
tended to be honest. Not one OF them las
come here 70 SAY that Harry Batchelor had
stolen their money. All kuow how mach
better ia our hindsight than our foresight.
You may send him 90 the penitentiary, but
the misfo tunes Of man Will 20 on unl
30 on"
Tbs prosecution" Judge strevelle said,
''cnImed there was no paillAtiOu for errors
OF judgment. A greater than any Judge IN
this terrestrial tribunal says that ftom tbs
| thoughts ald the intsnts Of his heart shGl
! a man Re i1dyel. 20 You arc % consider
I whether tie defendant vent into ;hs bank
/ WITH tie dslibefGto purpose OF dsfraud ing
/ %, or whether you believe be made onlI
such errors as constituted errors Of luig
msut i-def human an1 divine laws you
cen judge onlg OF the intent Jslge
+ stievslle said be woald not deny that
! Latchelor owed the bank about $500 al
/ the time % the suspension. bat Ia believed
I y the assets had bson properly attended %
I b nee there would have been no reason WnT
/ f. man. woman or child should lose a cent.
[ ] be receiver had left M attsrs 70 taks cars
I o. themselves. uni she people had bsen kept
out Of their money.
Whom 10 was decided that IL was best q
/ get she rtebbIns stock. defendant had said
/ he would take o. Judge strevcIe said be
I believed Bachelor 90 that had 40 Other
idea than % build up tls bank. II ever a
set Of books showed au honest intent
ta0se o. the SlocEgrovers bank did. II d
was q crime % DO IN debt. many would bt
iu trouble. In conclusion Judge str-vell
dWelt un the fact stat the directors Ia
lett 20 Bachelor mo outire manage neut %
/ the bsnE. lis made ga eloquent appeal q
che jury not 70 PIT on "a youug mau VII
had erred IA Judgment aud aot Ia inten
the Stigma tLat VOuld follow a verdict q
guilty.
Wholesale Agency. John Is. stetson a Co
Philadelphia
Gordon g. Ferguson, hats. straw good
and gloves. 81 Paul will be az The Hot,
he.eaa Monday and tuesday April - an
aa. ID,