The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-22
That 1s the Number of Counts
Against L. 81. Hershf1eld.
RULINGS OF THE COURT
Judge Knowles Sustains Objections to
Six OF the Counts-Trial Will Prob
ably Be Continued - Protests
Against Wallacs's Presence.
Special Dispatch to the Standard.


We're commenced in the United States
court yesterday upon the question
raised by the defense of the sufficiency
of Is of the % counts in the indictment
against l.. H. Hershfield, president of
the suspended Merchants bank, We're
concluded at noon to-day, when Dis
trict Attorney Rodgers closed for the
government. When court met this
afternoon Judge Knowles announced
his ruling. He overruled the objection
Counsel for the defense then attacked
the six remaining counts. The argu-
ments took up the attention of the
court this afternoon, and at the con-
clusion Judge Knowles sustained the
objection, thereby quashing that por-
ton of the indictment.
The 16 counts that still stand and
upon which the accused will be tried
now, unless continuance is granted,
allege the making of false reports to
the comptroller Of the currency The
SIX counts that We're quashed have to
do with the alleged misapplication of
the funds of the bank. The six counts
That We're disposed of to-day are under
stood to have been most feared by the
defense Hershfield's attorneys express
themselves as ready and willing to go
10 trlal upon the 16 counts charging
the making of false reports. Whether
the case will come to trial tomorrow
remains to be seen, as the district at
torney stated this afternoon, after
Judge Knowles had announced his de-
cision upon the last contention raised
by the defense, that an important Wit
ness for the government was absent
from the state and he feared the dere-
llct would not be on hand Tomorrow.
he said that tomorrow he would file a
formal motion for a continuance for
the reasons stated
In passing upon the motion of the
aeIense to quash 16 Of the counts of the
RAISE reports, Judge Knowles said, il,
substance: -
Inese 10 counts alleged false entries
IN the books of the Merchants Ma
tional bank, and in each one of these
counts it was alleged that these on
tfles We're made with the intent to de-
celVe the comptroller of the currency.
ana m an agent appointed to examine
INTO the affairs of theNbank, and to de-
celve any person. association. bo1v
poiltlc or corporation then doing busi-
ness with said bank or that might
thereafter 90 business with the same.
Inc defendant had pleaded not
guilty, and the cause had been set for
trlal: The defendant came into court
on the day the cause was set for trial
ana moved to dismiss 16 Of the counts
of the Indictment on the ground that
the allegations in regard to the intent
as speclhed in the indictment We're in
correctly alleged: First that the in
nfctment did not aver that the intent
with which the wrongful entries were
MADE was the intent to deceive the
toIiptrolier or the currency. The court
holds that this position Is well taken,
second, that in describing the agents
VINO We're to examine into the affairs
Oh the bank, the indictment should de-
scribe them as having been appointed
py the comptroller of the currency. The
court holds that this position is doubt
!ui. Ihlrd. that the indictment. in stat
ing the entries were made to deceive the
comptroller or any person or associa-
tlon In the body polite. should have
speclhed whom it was intended to do
ceive, and not in general terms: that
the description of them in the alterna
i've as persons who should then and
there nave business with the bank or
might thereafter have business with the
pank, was incorrect and indefinite AS
TO this the court holds that if the in
dictment under the circumstances is
such as would render 1t good upon a
niollon IN arrest of judgment, that 1t
was sutf1cient that if it is shown that
by stating the above matters in the al
Tentative, the indictment was faulty for
dupilclty. This was a point that could
not be raised on motion for arrest of
Judgment. although the authorities are
conflicting on this point. It is claimed
that the indictment Is uncertain for the
reason that the point cannot be raised
on motion for arrest of Judgment
Under this a1lnsa nf cfo
not necessary to specify the persons,
association or body polite, or corpo-
ration who might be deceived by false
entries. These are general terms which
embrace the whole public, and particl1-
larity IS not required.
For these reasons the motion is over
ruled"
six other counts the court said that If
had been charged in each one, that the
defendant had misapplied certain
money of the bank. namely, interest on
certain notes which the defendant had
given to the bank, and from the state
ment in the six counts. it appeared that
the defendant had taken no money from
the bank that had ever been paid the
bank or that was it's property; that he
had only failed to pay, at the worst,
money as interest that he ought to have
paid. The court held that this was not
a crime specified in the count. and was
NOT crime specified in the statutes.
1t is rumored that the attorney gen.
eral has refused to allow William wal
lace to appear as special prosecutor in
the case against Hershfield because
certain protests against his acting in
that capacity had been received bv the
department of justice. District Attor-
ney Rodgers. when asked if such was
the case. declined to discuss the matter
for publication. There is said to be
some grounds for the report Who filed
the protest and who are the parties that
desire Mr.. Wallace to conduct the pros
ecution are two features of the case
that the public may never learn.
Drowned in the Rapids