The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-09-27


Judge Thayer, of the United States cir
cult court of appeals, yesterday handed
down four decisions. The most impor-
tant one Is that affirming the decision by
the United States court for the district
Of Utah in the case of the United States
Of America against James H Bacon. The
decision of Judge Thayer means seven
years In prison for Bacon, and he Is or
dered to surrender himself to the United
States marshal for the district Of Utah.
Bacon was indicted, tried and convicted
in the United States district court of
Utah for making false report to the
comptroller Of the currency as to the
condition of the American National bank
on Dec. Is, 1898, at which time he was
president Of the institution. He was SEN
fenced to term Of seven years in the
Utah penitentiary, but his attorneys ap-
pealed to the circuit court of appeals,
alleging error in the trial
The Indictment on which Bacon was
tried alleged that. as president of the
bank, he, on Dec. %. 1893, made a report
to the comptroller of the currency of the
condition Of the bank, stating, among
other things, that the sum due from in
dividual ,depositors, on account of over
drafts, was only $5,75593 whereas the
sum was $14, 1882.
The defendant, as a defense, alleged
that the balance of the overdrafts shown
on the books Of the bank were covered
by oVerdraft notes from depositors and
that Lezear, a bank examiner, had in
structed the defendant that he need not
report the sum covered by the overdraft
notes. Lezear was called by the govern
ment and denied that he had given such
instructions.
On the trial defendants counsel objected
that the report had not been made at
the specific request of the comptroller;
that. the district attorney had misbehaved
himself in Offering letter taken by some
parties from Bacon's private box and ad-
dressed to Bacon by the comptroller Of
the currency; that the books of the bank
should not be admitted in evidence, as
there was no proof that they were prop
erly kept; that the judges definition of
an overdraft was incorrect, and that three
reports made to the comptroller were in
admissible. The trial judge ruled that
the letter taken from Bacon's letter box
could not be admitted, but Judge Thayer
decides that 1t might have been admit
ted since 1t was addressed to the recip-
lent as president of the bank, and not
personally. The rulings of the court be-
low are sustained and the judgment af-
firmed.
The other three were as follows.
John L. Bradley VS.. The Hargadine-
McKittrick Dry Goods Company ct al
Error to United States court Of appeals
Indian Territory. Judgment of dismissal
annulled and cause remanded with d.
dections for new trial to be conducted In
accordance with views expressed in the
opinion of this court
Elisha Plaster VS.. Alice H. Rigney, ETC.
Error to United States circuit court
Western district of Missouri. Affirmed
with costs
Daniel R. Wagstaff ct al. VS. Samuel
G. Collins ct al. Appeal from United
States circuit court, district Of Colorado.
Affirmed, with costs.
TO CURE LA GRIPPE IN TWO DAYS,
Take Laxative Bromo Quinine Tablets.
Al druggists refund the money If it falls
to cure. E. w. Groves signature is on
each box. Csc