The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-05-02
THE HANKS TRIAL ON.
j. p Leslie, Of Great Falls, Makes
the Opening Statement for
the Prosecution.
Tho Remainder OF the Day spent
In Identifying Needed
Papers.
Col. Sanders and tho Court Seem 90 Dif-
fer some ~ TO the Formers inhnite
Patience.

The trial % will Hanks for misapplica-
tlon OF funds Of the Merchants National
bank, Of Great Falls. while It's president.
was fairly started 10 she United States
cout Yesterday. The indictments under
which he Is being tried charges him With
drawing cut aud permitting 90 be drawn
out Of ths bank Sic 76s % for the bensht OF
the firm Of W h. Burgess & Co. OF which
be was a member. knowing the concern had
no money or credit 20 the bank. Jers IL
LsSlie. OF Great Falls, who is assisting the
government made she opening statement
for the prosecution. lie read the indict-
ment. the hrst count OF which charged the
misapplication Of the amount stated, and
the remaining counts giving the dates and
amounts Of she chscks and notes which
went 90 make up the aggregate. The pros-
eeution would be able 90 show. be said, that
Hanks was the president OF the bank from
I its organ zation until within seven days o.
I is suspension. On July S, lsg2 Hanks and
W. Ii. BuTGsss bonded the hAsinnis mine
from Helena parties. and did business
unde- the name Of ". II. Bnrgess a Co.
Mr. Leslie said all this time the hrm we're
getting money from the bank they hadnt
i've cents worth OF credit there and no
security lie sketohsd the growth Of the
overdiRfts we're taken up by notes from
time 60 time. how further owe drafts we're
mtds. and notes again given 60 secure them.
until. a. the time the bank failed there was
3 large iudebtedness without any security
for a cent Of 10. 10 would not be sufficient.
he said. TO only prove shat the money had
been wilfully misapplied. there must have
been 3 purpose % deiraud some one. he
prosecution would show that during all
these transactions Hanks had the purposs
TO iuiure aud defraul the bank. They
would also show the financial condition OF I
the members OF the frm. and bow Hanks
had usurped authority - the bank.
Al this Toint Col. Sanders interrupted
With an objection, and Judge Knowles took
part in the colloquy. "Col. Sanders' be
said. Il would be much obliged 10 Jou II
you would have moro patience aud not In |
terrupt."
Your honor doeIn't know the infinite |
patience ] have" replied Col. Sanders.
mo doubt you think So" reioined the /
jadge. Il am sorry, bat the court IL losing /
patience
II am sorry for that" came from Col.
Sanders again. "Patiencs is an attribute /
of=the court"
60 on With your argument" said Judge /
knowles TO Alto neY Leslie.
Continuing, Mr.. Leslie said the prosec1- |
ton would show that az the time the bank 4
failed the firm Of W. II. Burgess d Co.. OF 4
which Hanks WAS member. owed 10 Sl7- I
600; that the fl m OF Hanks 81 Fulleiton /
were IN iebted TO the bank SJ.o6f that I
Hanks on his individual account owed over /
Sc 200; that he was on other notes for which he 1
was liable, 81, 80; that be was responsible /
for two Hccomm odatiou notes OF W. ID. /
Benson for 81 500 each; that he owed other T
sums, including S29l9 interest. not one I
cent OF which had been paid: and that his I
total indebtodnegs was T6l.66. p, without = /
single thing TO indemnify the bank. As
a H~aa. HIaa.
prosecution would show that be borrowed I
money 10 pay for the stock be got when the /
bank was organized.
George Wells. who WAS cashier o. the /
bank for one year after Il was organized. /
was the frst witness He was called 70 I
identify the charter Of tbs bank. the sub /
script.on list. and other papers connected /
with tie o ganization. He also identified /
the minute book Of the dire tors. extracts 1
from which wee read 70 show that the d. /
fe0tors never authofiZ u any OF the acts /
charged ia the indictment. A letter ON /
Hanks vas also read. in which on July 49, /
l-tj. be resigned his position ~ president
for reasons at present uncomfortable |
Witness vas then shown the various notes
and checks evidenc.ng Hanks Indebtedness
for the purIose only OF swearing 90 the
signatures lie notes we're not rsad to the
Jury 81 tlat time. ] he defouae objected 20
them icing Shown 70 witness until passed
on by counsel for HANKS. Judge Knowles
az At overtulsd the objection, bat subse-
qulutly ailowsi sue defense 20 see the
pap-rs after witness had looked at them.
~ DO managed and controlled the affairs
% the bank while you were cushierY" asked
Mr. Leslie.
M. HANKS and myself" answered wit
ness.
ell Why you came so quit"
Primarily because Mr. Hauks' notions
Of the management OF she bank didn't CO.
lncide with nine
What we're his ideasf'
Tho defense objected and the courl sus-
tanned the obieotlon. The prosecution an
nouncsd that they we're through with M.
Wells for the present
w. u. Burgess was called. lie was not
10 the court room, nor could ths deputy
marshal hnd him. 10 Was stated that be
had been IN the court Dom during the day,
hut had veiy bad headache aud left AZ
the prosecution desi Cd 20 make him the
next witness court adjourned till this morn
ing
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