The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-04-11
DOWN TO TESTIMONY.
Concluded from First Page,

officer of the association, or any agent
appointed TO examine the affairs OF such
like intent, aids or abets any officer, clerk
or agent in any violation of this section
shall be deemed guilty of a misdemeanor,
and shall be imprisoned nou less than i've
years nor more than ten"
Mr.. Harris then went on to say that the
indictments charged that Haughey willfully
m~isapplied the funds of the bank by apply
ing them to the uses of the indianapolis
Cabinet Company; that he made a false en-
try in a book, and that he made a false
report in July of 1894. He said it was nee
essarily charged that Haughey, as prin-
cipal, did these things in order to affix the
guilt to these defendants as aiding and
abetting him. He said the first question to
be settled was, did Haughey misapply the
funds of the bank and apply. them to the
first fourteen counts Of the indictment
charged him with misappropriating certain
specific sums in this way by the payment
OF checks drawn by the company when IL
had no funds on deposit in the bank. He
said he thought there was a question as to
whether this was a misrepresentation of the
funds of the bank, saying that 1T was a
common practice for banks to honor over
drafts by firms and men who transacted
large business with them. All of these
counts alleged that the cabinet company
was insolvent at the time, and that Haugh-
ely knew it was insolvent.
QUESTION OF INSOLVENCY.
Mr.. Harris said there was a question as
to whether the company was insolvent, and
he thought before the case was concluded
the jury would be prepared to say the
company was solvent on every day from
Jan 1, 1891, 20 July "A, 1894. He then re-
ferred again to the scope of the company's
business, the extent of it's plant, etc. He
said before the case was completed it would
be shown that the company nad 81 for every
dollar they owed. Mr.. Harris then went
to the consideration of counts sew
pQtppn TO tWenty-SeXen. and read
count seventeen, charging that Haugh-
ey, as principal, and the defend
ants, as accessories, miSdpplied the
funds of the bank to the extent of $4,000
by caShing and ~diScounting for the company
a large number of worthless notes and bills
of exchange on divers persons, who We're in
solvent, and known to be so by HauShey.
He then went to a consideration Of what
the wording of the indictment meant. He
said in law willful meant ~corruptly, and
these indictments charged that Haughey
ccrruptly appropriated the funds of the
bank, in which he was a heavy stockholder
and of which he was president, TO the use
of the cabinet company, in which he had
no interest
Upon the allegation that the cabinet COM
pany borrowed from the bank more than
10 per cent. of it's capital stock, he said he
could not see how the cabinet company was
criminally liable for this. and that it was
not shown that the company had any
knowledge of what the capital stock of the
bank was. Mr.. Harris then read count
thirty-seVen, charging Haughey with max
ing a false entry in the books and charg-
ing the defendants as accessories. This
count charged that Haughey had falsely
entered upon the books a deposit by the
cabinet company of $50, $50. 76, when in fact
no money was deposited. He said this
might have been a very ordinary transaction,
as when a depositor takes a note TO his
bank for discount and deposit the actual
cash is not passed out over the counter and
| then again passed back into the bank, but
| the depositor is credited with having de-
| posted that amount. rs to the charges
that the defendants aided and abetted
Haughey i'm making a false report, he said
he was advised by his clients that they did
not know Haughey was intending to or had
made any sort of a report. Mr.. Harris
then concluded with a caution TO the jury
not to form a verdict till the members had
| heard all Of the evidence.