The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-04-25
The Jury Find Him Guilty on the
Count Charging Mlsap-
pication.
One Man Kept Them Out Twenty
four Hours Before
Agreeing.
~ Is Likely That Its Counsel WIN Make
Motion 10 Have Another
Trial Granted.

After twenty.four hours' dsli0eratioA the
jury in the case Of Harry r Batehelor came
into tho United States couft yesterday af-
tsfnoon. and returned verdict of guilty
On the second oount q ths indictment
which oharVss him with vilful misappli-
cation Of SO, 600 Of tLs funds % che bank.
while its president. by ioaning IL 20 himself
Individually When the iufy retired Mon
day afternoon they took an informal bal
lot. which resulted in eight for conviction
and four for aoquittai. Anothsf informal
ballot was taken. This stood seven for
conviction and 6ys for aoquittal. 1he hrst
formsl ballot was taken later on. after
there was time 90 talk ths matter ovo-. On
this there we're eleven for conviction and
one for aoquittaL The one man held out
all night. In the morning when court met
the jury cs me In and asked TO have the in
stfuotions read again on the second count
relating 70 the loans Bachelor made 20
himself This Was done. and the iary again
retired. After the noon recess. at two o. o'clock.
they came into court again. and Foreman
Gilpatrisk stated that they we're uaable TO
agree. Judge Knowles said they had been
two weeks trying the case aud he would not
excuse them The iury we're seut back.
and remained In their room two more
hours The one juror then came over. pro-
yided the others would sRrse TO convict on
one count and recommended to the mercy
Of the court. This was agreed 10. A. four
o'clock ths jury came in and announced
that they had agreed. Clerk spfouls took
tue verdict and read u. IL Was:
I'VE. the jury In the above entitled cause,
nud the defendant guilty under counts
numbered 90 follows Count numbered
two"
Appended to 10 wss the following. 80 q
separate finding. I'VE, the jurors in ths
above entitled cause, respectfully recon-
mend the defendant TO the mercy OF the
court"
Bachelor vas taken charge Of by Deputy
Marshal Davidson. who was IN charge Of the
/ matahala office during the absence OF MAJ
ahAl McDefmOtL His counsel Will make q
/ motion for a new trial.
The second count Of the indictment, on
which Batehelor was convicted. charges
that between Jan. ]. 1891, and July !. leJo
while preaidsnt, dIector ana aeent OF ths
/ StockQrowers National baEk Of Miles City.
~ virtue OF hts position. ne wllfully mianp-
I piled $40 422. 70 OF the moneys. funds aud
| credits OF the bank. IL 10 GAINED that
I Batchslo-. without the knowledge or con-
sent Of the bAnk OF the board Of directors.
we'll knowing himself and bis father. J. W.
! Batchelor. 20 be insolVent aud worthless.
procured from J. ". Batohelor promissory
notes which he endorsed, and Rot money
/ on them, without other security and know
1 ing 10 10 be inadequate sscurityi and took
up his own indebtedness by substituting
/ notes endorsed by his father and bT VIII
/ liam Harmon, George Newman aud q. l..
/ MeTrill, knowing them 20 be inadsquatt
security for the sums representa-. "Ail OF
/ which auma" the indictment said, were
misapplied Wilfully and in the manner
/ aforesaid ont of the moneys, funds and
/ credits Of the bank. and converted 20 bis
/ own use with intention 90 injuie and de-
/ fraud the band. its depositors and other
person and firms doing business thsre."