Omaha daily bee., 1899-05-27
ISAAC DLCkERSON Is FREE
Last Of Several Indictments Against Him
is Dism ssed.
COUNTY ATTORNEY REVIEWS THE CASE
Dickerson Was Once Acquitted for
Fraudulent Banking and in n Sec
ond Trial on Another Charge
the Jury Disagreed.
COUNTY ATTORNEY REVIEWS THE CASE

On motion OF c. A. Meredith. county at
torney OF Cass county, the remaining ndict-
ment against Isaac Dlckerson in connection
with the failure and suspension of the Cass
county bank of Atlantic was dismissed
yesterday by Judge Walter |. Smith of the
district court The decision of the Cass
county authorities not to further prosecute
Dickerson, who has already stood two trials,
will, 1t is believed, meet with general ap-
proval.
In his motion for a dismissal OF the re-
naming Indictment, the others having been
dismissed at u former term of court, the
county attorney reviews the history Of the
case and gives his reasons why, in his opin-
ion, the case should be dropped
In June, 1895, DickeBon was placed on
trial In the district court of Mills county
on the charge of having received deposits
In the Cass county bank after he knew the
same was insolvent, and at the termination
of the trial, lasting some three weeks, at
an expense to Cass county of about $4,000,
he was acquitted.
At the January term OF the district court
Of Pottawattamie county Dickerson was
again placed on trial the same charge,
based on a separate transaction from that
set forth in the Indictment on which he
had been tried in Mills county This second
trial consumed about three weeks, at an
expense OF another $4,000, and resulted in
the disagreement Of the jury
Second Case.
At the second trial it was strongly urged
and insisted upon on the part Of the defend
ant that he could be guilty of but one crime
OF receiving deposits; that he had been
charged with said crime in Mills county and
acquitted; that such an acquittal was an
adjudication in his favor, and that he could
not again be placed in jeopardy for the al
legged crime.
County Attorney Meredith admits in his
motion that in fact there appears to be
wide diversity of opinion among the bench
and bar as to whether defendant can legally
be placed on trial for the offense of receiv-
ing deposits in a bank when he knew the
same to be insolvent after he had once been
tried and acquitted on like charge grow
ing out of his connection with the same
bank-the charges being based upon sep
arate and distinct receipts Of money
In none of the transactions in which
Dickerson is charged with receiving deposits
after he was aware the bank was insolvent,
was 1t claimed by the state that he was per-
sonally present and saw the deposit re-
ceived but all of the charges are based on
| the fact that as vice president and director
he permitted it's doors to remain open with
although it was his duty to know the banks
condition at all times; yet the evidence on
| the two former trials revealed the fact that
for more than two years prior to the failure
Dickerson had grossly neglected his duties,
and had apparently ignored the responsi-
bility, and has claimed throughout all pro-
ceedings that he supposed 1t to be solvent
until the evening of his filing petition for
the appointment of a receiver.
In further support of the motion, County
| Attorney Meredith argued that regardless OF
| the fact that Dickerson had shirked and ig-
| nored his responsibility as an officer of the
/ bank, the law makes 1t incumbent on the
| prosecution to show that he actually did
| know Of its insolvent condition for sufi-
| cent length of time prior to the receipt Of
| the respective deposits on which the charges
| are based, to have taken steps to close the
bank or forbid the receipt Of deposits. And,
| in view of the fact that for several months
prior to the failure of the bank Dickerson
| had spent large portion of his time in
| Missouri, it was laborious task on the
| part of the prosecution IN the two former
! trials to show that he was at home and at
| the bank sufficient amount OF time to con-
| meet him with any actual knowledge OF the
real condition of the institution.
The failure OF the Cass County bank Gre
ated great excitement at the time and the
feeling against the Dickerson family was
most bitter. In fact it ran so high that 1t
| was acknowledged that the officers OF the
/ wrecked institution could not have had
fair and impartial trial in their own county.
| The first trial of Dickerson was had In Mills
county. but the Cass county authorities on
the second trial took a change of venue to
Pottawattame county. Dickerson's son,
| who was cashier of the bank, was convicted
4 OF fraudulent banking and served SEN
tenee in the pententiary.
| Domestic soap is full weight.