The herald., 1895-06-07
He Was Indicted, Apparently, as
a Test Case
HE RETURNED YESTERDAY
Though Released at the County Line,
He Went on
And Cannes Rack With Documents That Go
Far to Show That He Is Innocent OF
Fraud-The Details

arrested few days ago on warrant from
Arkansas, has returned. 1t Will be re-
mem bered that he was charseu Win
having receiv ed, as president OF the Bank
of Lonoke, public funds on deposit. IN
violation of an Arkansas statute, provld-
ing that it should be embezzlement for
any pefson or corporation TO loan or re-
ceiye public FUNDS. In the case OF Mr..
Enslands bank the funds were received
prior to the passage of the statute. but
the failure of the bank during the panic
of 1893 prevented the repayment TO the
ounty Of about 25 per cent OF the amount
received. While it was never contended
that Mr.. England had fraudulently man
ipuluted the affairs OF the bank, he was ln'
dicted, seemingly as test case. When he
heard that An Indictment had been found,
he telccraphed the circuit Judge to have
the case set for trial and he would come
at once. but received reply that the case
could not be tried at that term and that
when he was wanted he would be notified
in time Nothing more was heard OF the
matter until his arrest two years after
Mr.. England claims that his arrest was
caused by W. H. Eagle, a very influential
citizen OF that county and director of
denositions he had recently given in
cases pending in the Lonuke chancery
court against Eagle. He received letter
some time before his arrest threatening
to MAKE him suffer il he did not stop tes-
tifving against Eagle, and the deputy
sheriff who came over to MAKE the arrest
admitted tha the depositions were the
cause of the arrest.
lIpon arriving in Arkansas. Mr. Eng
land was met by his friends at the county
line with the necessary papers ana he
was released He proceeded to Lonoke,
however, with\the intention Of obtaining "a
statement from the receiver OF the bank
and the lawyers in the cases pending
against the bank as to the result OF their
investigations OF the banks affairs. He
staved in Lonoke only little over two
hours. but obtained the statements de.
sired. The statement sent Mr. England
by the receiver OF the bank is as follows:
LONOKE, Ark. May p, 1895.
To whom it may concern;
''Ou the I'd day of Decem Der, 1882, the
Bank Of Lonoke suspended business and
made an assignment, and was appointed
receiver 10 take charge of the bank prom
erty. On the same day Z. W. England
made an assignment and | was appointed
receiver of his entire estate. both real and
personal property. l was appointed by
the Loncke chancery court. have had
charge continually since that date OF the
affairs of the bank. and wind up the
same. The attorneys representing the
various attachments against the bank,
ami others interested. have had free &C.
cess to the books with me.
so far there has been no false entry
detected. Ihe books were kept legiti-
mately and fairly, and there can be no
charges mi adae against c. W. England, as
the president of the bank OF Lonoke, on
she account od false entries, or covering
1p or misdoings. The affairs of the bank
we're 1nisnauaged TO some extent, but
not dishonesty so. The mismanagement
can properly be attributed to the lack of
application for banking methods and
the strenuous times. which were causing
bank failures all over the country.
Il have known c. ". England since
COY: have been associated with him IN
guilty OF a dishonorable act. tier the
failure of the bank OF Lonoke. Mr.. Eng
land, BY the advice of his friends, went
TO Los Angeles, California, for the health
of his wife and him self, having failed
here, with the view of starting n pusi-
ness anew. When he left his leaving
was not kept secret and every one knew
where he was located. He telegraphed
from Los Angeles TO our circuit judge
that should he be needed here he would
come on the shortest possible notice. l
want to add that Mr.. England and his
wife are people from our b.st families,
wv. P. FLETCHER,
Receiver of the Bank of Lonoke, and G.
". England. assigned"
Mr.. Sibley, the attorney prosecuting
the suits on behalf of the creditors
against the bank, and also Colonel j. 4.
Gatewood, the attorney tor Lonoke
county IN its suit against the bank, both
sent statements sto Mr.. England to the
same effect as the above.
Since his arrival Mr.. England has re-
ceived the following letter from Judge
Thomas c. Trimble, associate counsel in
the bank cases with Mr.. Sibley and Col
onel Gatcwood.
LITTLE ROCK, Ark. May %, 1895.
&C. W. England, esq.,, Los Angeles, Cal.
Dear Sir:-ln response to your request
I will state that while have not made
personal examination of the books of the
Bank of Lonoke, yet | have been con-
nected as an attorney with several
branches of the suits brought against the
bank, as also yourself, and have been as
sociated with George Sibley, ESQ.,, and
Judge J. f. Gatewood. who have examin-
ed the books of the bank and in the several
consultations / have had with them con-
cerning the results of their examinations,
they have zach time stated that they
were unable to discover any fraud or to
find single false or suspicious entry in
the books OF papers connected with the
bank.
81 know it to be fact that some time
before and since you left Lonoke the
books have been in the possession and
custody Of W. P. Fletcher, receiver, open
and free to all and any of the attorneys
engaged in this series of litigation for in
vestigation.
II will state further that considerable
testimony was taken il the main case.
which has just been read and determi n
ed by the Lonoke chancery court The
chancellor in delivering his opinion from
the bench took occasion to announce that
there was nothing in all the testimony
to prove or even to raise plesum pton
of fraud upon your part. Yours truly,
"THOS. G. TRIMBLE''
Mr.. England says that if anything
would exonerate HIM in this matter he
thinks the staten ent above of the receiver
of the bank. who is uisinterested party
and OF the attorneys who are pro scouting
the cases against the bank, aad the chan
cellor OH the bench before whom the Cases
are being tried, all having stated that NO
fraud, or even presumption OF fraud,
has been discovered in the management oi
the bank. he thinks he ought to be free
from any blame in the matter. Mr.. Eng
land, it may be said. turned over to the re.
ceiver property to the value Of $40, 900 and
not $1,000, as was some time ago stated in
newspaper.
1t is expected by Mr.. England's friend:
that it will be held in his case that there
was no violation or the law--the money:
having heen recelyed bv the hank hef,r.