The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1894-06-20
GOT FIVE YEARS
Judge Knowles Decides Not to
Grant Harry F. Bachelor
Any New Trial.
The Case to B. Appealed to the United
States supreme Court-Remarks
of the Court.

Judge Knowles. in the United States
court yesterday, overruled the motion
for an arrest Of judgment and incident
ally for d new trial in the case of Harry
+. Bachelor, convicted Of misapplying
funds Of the StOckgrowers National
bank. Of Miles City, while its president,
He sentenced Bachelor to five years
Imprisonment, the lowest penalty under
the law. An appeal will be taken to the
supreme court Of the United States. In
overriding the motion for an arrest Of
Judgment Judge Knowles said:
In the case Of the United States yer
sus Bachelor, ! have given much con
sideration in regard to the indictment.
| have concluded 10 override the motion
for an arrest Of judgment, not that the
count in the indictment is as good as !
could wish. but still | think il Toes show
the manner IN which the misapplication
Of the moneys Of the bank was made.
The trouble really in relation TO the
count in the indictment in my judgment
is that il does not specify the amount of
these notes that were converted. But
these notes are all the representatives Of
money and il was not necessary 10 prove
the exact amount Of $4,000 that was
misapplied. In regard to the question of
money. | think that in such indictments
as this it is not necessary TO describe the
money specially hat was misapplied
for the reason that IL Is IN imposslbllity
for the grand jury TO do it. To ask the
grand jury TO describe money that is
coming into the bank and paid out by
the bank. money that is applied, would
be an impossibility and the requiring of
a grand jury to do a thing which is an
impossibility would be equivalent to say
ing that an Indictment in such case need
not be drawn at all. The motion isover,
ruled"
Judge Cullen, Of counsel for Batche-
Tor, took an exception to the ruling OF
the court, and asked that sentence be
passed. and that the time the defendant
had been in the county Jail be applied
upon the sentence.
Judge Knowles told the prisoner to
stand up. You have been indicted by
a grand jury of the United States court
for the district Of Montana for the crime
Of misapplying the funds OF a bank OF
which you were president. You have
been tried by a jury and found guilty
Have you anything to say why the
judgment OF the court should not bt
pronounced against you?' the judge
asked.
Il have nothing at all to say, sir re
piled Bachelor, except that | am en-
tirely innocent Of any criminal charge
That is all ] can say"
The jury have found otherwise" sai'
Judge Knowles, land while j have M
doubt that you did not think you were
committing a crime. a man has no RICH
to take the moneys of a bank that ha
been entrusted to his keeping and us
them in his own private speculation. IL
that way most OF the banks have bee
broken up in the United States. Tn
offense is one that has not only a bear
ing upon the bank. but it has a bearinI
upon the community in which the BAN
is situated. Here are men who deposi
their moneys in the bank, trusting to it
honorable management and expecting I
have il returned. Men who have save
a little money by hard labor, by econo
my, come to a bank and put it in there
a bank that is charactered by the ma
tional government, a bank subject to tn
inspection Of it's officers, and they Ell
pect that money to be returned or to b
placed in safe keeping; and when a ban
officer disregards that trust.se what b