The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-06-18
SUPREMERS GO FREE
JUDGE MORAY NOLLIES INDICT-
MENTs AGAINST IRON HALLERs.
OR BEffl
Claims that SOmerby ct Al. Were Not
AmenabIe to the Laws
of Indiana.


The charges against the supreme officers
of the Iron Hall for Incorporating the
funds of the order have been dismissed in
the Criminal Court. The men indicted Oct
16. 1892, for embezzling 100000 belonging to
the Order Of the Iron Hall were Freeman
ID. Somerby. Mark c. Davis, Amos H. Hos
mer, Joseph Gladding. j. henry Hayes. E.
w. Rouse, c. II. Baker and }. II. Eckers-
ley. The Indictment against Mark c.
Davis, supreme cashier, quashed sew
eral months ago for want of prosecution.
At the same time a motion filed in the
Criminal Court to quash the indictment
against Freeman ID. Somerby. the attor-
ney contending that three consecutive
terms of the Criminal Court had passed
without any attempt having been made to
prosecute the case. Judge McCray declined
to dismiss the charge at the time He
held that Somerby. not having invaded the
jurisdiction of this court, there could have
been no proceedings against him. The ac-
ton of the court yesterday was based on
the contention that all of the defendants
save Davis were residents of the State
of Pennsylvania at the time the alleged
offense was committed, and consequently
were not amenable to the laws of Indi-
ana. Also, that the alleged embeZzlement
was committed in the State of New York,
and ii prosecution was 10 follow the act
it would have TO be made in the courts of
that State IT
Yesterdays proceedings were brought by
attorney h. 1. Dickey, the representative
of Freeman d. Sornerby Attorney Dickey
appeared in the Criminal Court armed With
the official notes of the grand jury which
indicted the men and an affidavit from
Rowland Evans, official stenographer of
the United States Court. April =, 1892, Mr..
Evans was employed in the ofnce of the
out the following facts. All of the eight
defendants were stockholders in the Mutual
Bank of Philadelphia april 2, 1892. the
bank, being financially embarrassed, was
in the hands of the Pennsylvania State
bank examiner, who had commenced pro-
ceedings for a receiver At the time there
was over 100000 Iron Hall funds on deposit
in the institution. April a.. 1892. the di-
rectors held meeting which resulted in
the following message being sent to Mark
c. Davis. the supreme cashier: Come
here at once and bring $4,000 without fail.
Trouble. Will explain by personal inter
view H. G.. Williams" The affidavit
of the telegram, drew two checks of S75.-
900 each, payable to his order These
checks Davis did not sign until he reached
Philadelphia. From there he went to New
each and another for $4,000. This money
Davis paid over to the defendant Hayes,
Mutual The funds went into the hands
of the bank examiner with the explana-
ton that the money had been raised by
the stockholders to make good the de-
pleted capital of the bank. The affiant
was of the belief that the defendants. with
the exception of Davis. were not in the
state of Indiana Apri 1872, nor were
they residents OF this State two months
prior to this date These facts being pre-
sented. Judge afcCray' consulted with
prosecutor Wiltse andsthen announced that
the indictments would be nollied. Prose-
cutor Wiltsie was OF the opinion that the
men could not be convicted were they tried
har a CofH no nj n
ments could be returned at any time the
State desired take the matter no.