The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-12-17
"cfuiltv as CHARGED. :"

Guilty as charged"
That is what Fl. S. Beattie, foreman
of the jury before which was tried
James II. Bacon, said at HIS o'clock
last night, after the jurymen had de-
liberated for five and a half hours
upon the charge against the ex-presi-
dent of the late American National
Bank of Salt Lake, of making false
entries upon the books of the bank
and false representations in report
to the comptroller of the treasury.
The verdict was based upon the third
and fourth count of the Indictment,
which alleges that Mr.. Bacon falsely
reported to the comptroller overdrafts
amounting to $5.575.53 when in reality
the overdrafts then amounted to SI4.-
1872. The sixth and eighth counts,
relating to loans and discounts were
ignored.
Mr. Maginnfs asked that the prisoner
be given into the custody of the sheriff
w. H. Dickson moved that the de-
PENDANT be admitted TO bail, out as It
was learned that the defendants bond
was a continuing one, the judge made
an order that he appear before the
court at 1 O'Clock today to receive his
sentence. The penalty is not less than
five years and not more than ten years
in the penitentiary.
The court also consented to hear an
application by the defense for a new
trial at that hour.
Shortly before the verdict was an
nOunced last night a special session of
the court was held at the request Of
the jurymen, who wished to learn from
the court if they couid return a verdict
of guilty if they believed the defendant
guilty on one of the counts. They
were informed by the court that that
would be sufficient for a conviction
Expert BOokkeeper Knaus was called
to the stand by the prosecution and
asked regarding a slip on which j. H.
Bacon was credited with $4,000 and
the Hot Springs Sulphur Bath company
debited, but the question was not al
lowed on account of not being in re-
buttal-
Judge Judd, who was the next wit
ness, said that LoofbourOw's statement
that he and Judd attended several
meetings, at which the comptrOller's
letter was discussed, was not true. and
that in reality he had attended only
one such meeting. He denied that the
question of O. D. notes was ever dis
cussed in his presence, and on cross
examination said he had not handled
the banks securities.
y.
Ross had told him that he did not re-
member ever having given an over
draft note which Bacon had told him
to search for.
! EXAMINER LAZIER.
The last witness for the prosecution
was Bank Examiner Lazier, who stated
/ that an examination of the minute book
! of the bank had revealed that there
! wa M in Of
/ having been taken pertaining to sani-
/ tarium stock. On examination as
/ to what constituted a legitimate
/ transaction, the bank examiner made
the rather startling statement that if
/ he were a bank cashier he would not
! honor an exchange draft, however good
it might be. if presented by a man who
/ had once been in prison.
The defense called Judge Loofbourow
! to make a statement in rebuttal of the
I testimony of the day before in which
he was impeached. The judge ex-
! planned that if he said that he had not
seen sanitarium stock at the bank, he
referred to some given date.
OPENING ARGUMENT.
This concluded the taking of testi-
mOny and Attorney Maginnis arose tC
/ make the opening argument for the
prosecution. He began with an elab-
| crate euIogy of the abilities of CoIone
Ellis and warned the jury not to be lee
astray by his persuasive eloquence OF
/ Suave manner Attorney Maginnis ex-
planned that there We're only two prop
ositiOns before the jury for considera.
ton. The first was as to whether Mr.
/ Bacon had told the truth in reportins
to the comptroller that the bank was
owner on Dec. 10 of 500 shares of SAM
tarium company stock, and the second
pertained to the false representation OF
the bank in stating that the overdraft:
amounted to $5,755.5S, when the books
proved the total of overdrafts to b.
STATS.
SOME PLAIN TALK.
Attorney Maginnis reviewed in detail
the history Of the sanitarium stool
matter and claimed that the bank
according to the figures shown in tn,
tarium stock or owned none at all. II.
called attention to an entry unde
stocks and bonds of $4,000, which had ;
place on the books before any SAM
tarium company was organized, ant
there was no entry to show that tn.
bank ever got so shares of sanitariun
stock in return for this amount. TIL
sanitarium, he claimed was neye
owned by the bank, and the testimon,
had shown that by the giving of notes
secured by sanitarium stock, by fou
irresponsible persons, there was a de
liberate attempt to rob the bank ant
to build up the private interests of tn
two Bacons.
Regarding the overdraft notes. MI
Maginnis argued that the testimony o
Mr. Lazier and Mr.. Bacon was in con
hict, and advised the jury that state
ments by Bacon were least entitle,
to credence.
FOR THE DEFENSE.
Attorney H. E. Booth made the open
ing response on behalf of the defense
He began with few complimentary
| bouquets to Maginnis, but suspicione
that the prosecuting attorney had re
ferrsd to Colonel Ellis ingenuity in OF
der to prejudice the jury
Mr.. Booths effort was an attempt t