The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-04-12
ALL ARE GOOD BUT ONE.
Judge Knowles Passes on the
Counts in the Indictment
Agains. Blieholor
The Introduction of Testimony for
the Prosecution Has Now
Comm sncSd
nookkesper Harmon Takes the stand to
Tell the story FROM the Books Of
ths stock rrowsrs nank.

! Inc trinl OF nhNtN r hAANhHtNA - So"
under way 10 the United States eourt on
the charge Of misuaiug ths funis OF the
Sioskgrowers Natonsl bank. OF Miles
city. while hs president Jaise
knowles yesterday overruled the osiee'
lions o. hfiy Of the ntty-two
! counts OF the indictments. end sustained the
| defense a. 20 the other eount Whsn oours
met Judge Knowles ssii the hrst point was
the objsction TO the hrst count In tbs in
dietmeni, upon she groani that ths money
I that vas said 30 have been embezzled was
not described in the indictment Tbs de-
fsndant as president OF the bank had charge
ani control Of the bank money. he said. ~
being received AMI pald cut a. the bank.
and u would b. impossible 20 frame aay
indiotmsnt under such eirsumstaness TO
shov that any spec fo money had bsen en-
bsxrlsd" think the indictment IL good in
this paftisular." the iadgs said. The OBJ
lection 20 tbs frst count 10 oTerrulsd. A
90 the question Of rsPugnanev IN
the other counta Julgs Henry.
| OF ths suprsms court OF Misiourl,
in a similar case sail that each oount eoA-
tanned criminal charge sufficiently alleged
and the rspagnanoy Of ths counts was no
erouni for gushing the indictments.
Before this question was presented TO the
court n the Missouri case the jury hal
I been sworn. IL IL laid down in United
States versus Hartman that sueh objections
| a. these 80 an Indictment must be pre-
/ sented BY motion 80 qussh or by demurrer.
/ or sitter trial in arrsst Of iadgmsnh A. TO
/ the o. hth cornt it Is charged there thAt
/ Batchs.of fraudulentY indHcsd tae bank 10
loan that money. Tat Is not misspph-
cation OF the money By hin. l will sus-
| tain the objection as TO that eount. lhS
other objections are ovsrruled.
Assistant District Attorney Wallace then
| made the opening statement 20 the prosseu-
ton. He read the Indictment and told
| what the govern ment expected 10 prove. lie
! said that ia Septsmbe', 1891, a letter 60
/ Bachelor from the comptroller OF the cur
rensy was received. calling attention 90 the
fact that there vas no discount eoumittss
/ A. the bank, and that the president was do
Ing the entire business Of tha bank. There
after = aeeiing of the directors was held
and IL was decided that no loans over $1,000
| be mads ull sanctioned BY the d acount
! committee The records would disclose
/ that from that tins gill the bank closed the
/ discount com mittse inst ak times exam
ined all the loans made STAGE the previous
meeting aud approved tkeu-a sort OF
| ross-mortem approval The loans since
that by Batchslof had amounted to go. .
600 10 Others md $4,000 10 himsS.f.
] r
| shown that interest discrepancies alone
would make the hank over 5000 mo
loser. Referring 10 the loans made TO }.
] W. BAtehelo-. he said that 10 would appear
that Il. T. BAtchslOT had disbursed money
In support OF his fathers family. a. an sv-
idence that he knew OF his fathers inso.-
vencv. AZ the tins ths bank suspended u
had $3.50 900 nominal assets. goo. bad and
/ indirersnt: II. F. Bachelor owed she bank
ON his own aud j. W. Batenelor's aosonnt
/ $40 600; loans for $4,000 had been made -
/ ths directors ana $1,000 TO ths water
company, a total OF nsarly $4,000. Insn,
and for some time previous, butehslot had
| complete control OF the bank IS president.
The defense had no statement 10 make as
| this tins.
| Leo C. Herman, bookkseper for the re-
eeiver OF she SiockR oWert' bank, and pre-
vious to that for ths bank Itself. was then
sworn. de identified ths book containing
/ the minutes Of the directors meetings,
| showing the organization OF the bank, the
/ bylaws etc. aud all the other books OF the
concern, of which there was large box
/ fall. The govsrnment experienced some
difficulty in getting bsfo the jury some
| D Oof that ths capital stock OF the bank
was originally 500 600 and was afterwards
reduced 30 $4,000. Tns duplicate OF the
certificate OF organization was fret intlo o.
ducei and admitted over abe objections Of
the defense. Subsequently Judge Knowles
said that the dup.icats Of that document,
kept IN the bank, was msrsiv regal emsht
of the com Ptroilsr Hnd not OF the Law, and
| he would withdraw that evidenos from the
| jury until later, when ne had had more OPP
poftunitT to look iuto it 2 hs defense OBJ
/ iscte1 TO the sdmission % ell Size other rec
/ orIs. but the objections wee ovsrruisd and
/ exceptions taken.
Harmon thea under the questioning Of
| Attorney Wallace. told bT reference TO the
| banks books she transactions Of II. Y.
/ Bachelor from ths time be beeams cashier,
/ on Aug. .. lss6 down TO the time OF the
Suspension. A csrtihczts for ten shares OF
| stock. issued 20 II. b. Wileg. vas rams
| fsrred 20 Batchslsr that day. Ia March.
1891, Bachelor increased his holdings "a
sixtf shares. The same day that Bachelor
became cashier. Aug. .. 1886. be put IN his
note for $1,000 which Was renewed from
rms % time. On Aug. Q, three days late.
Bachelor gave tire bank his note for $500
more Aug. 30 lhero was a note OF James
W. BatoheleF fer $500 endorsed bV II. f.
Batokelor. A. thIs POINT in the history OF
the snsactions court Adjourned until this
morhing.
From she progress thus far made aud The
necessity OF referring 20 ths books for enoh
item. TIE trial romisss 70 stretch out into
ssVe. al weeks