The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-04-30
AARI|NDALE ON Trial
Emporia Banker Who Was
Ruined by Cross, on Trial.
GAVE HIS F0RTUNEl
To Reimburse Losses to De-
positorS of the Bank

sell. JuOSt L Will l4Ol VIC eibiC ~
hear the case uatil as late perhaps as
September The application for a con-
t.nuance was made by the attorneys for
Mr.. Martin5ale.
The grouncs for this action on the part
of the attorneys for Mr. Martindale were
that the defendant did not know until
about March Is that he was 10 be tried
on the first Indictment This was Tot
disputed by United States Attorney j. S.
Dean, but he said that preparation for
hearing one. indictment ought to do for
both.
In making his decision on the petition
for continuance, Judge Philips said
that if he could see any underlying pur-
pose for delay he would order the par
ties to trial. but that his knowledge of
the case did not lead him to think there
wa sany underlying purpose in the delay.
He said that if the defendant was con-
victed he wantec to know that Mr.. Mar
tindale would have no feeling that he
had been put to trial summaiily and too
briefly. lie said that he affidavits of a
number of men had been to the effect
that up to a short time ago Martindale
had Tot expected 10 be tried except on the
last Indictment. The United States at
torney then asked for a hearing on the
second indictment. bur Judge Phillips re
fused to try them separately on account
Of the great cost to the government
Affdavits were filed by William Mar
tindale, George G. Hall of Burlingame.
John r Rankin of Usage. j. NJ. John
son. George Plumb. L. b. Kellogg AMI
Judge Graves Of Emporia. and l. E. Mil
Ter Of Usage and F. A. Wright of Kansas
City. showing that the defendant had not
been given sufficient time to prepare for
the case. In each of the affidavits there
was reference to the fact that I. F. Lam
bert, United States attorney at the time
the first indictment was made against
Martindale. had repeatedly assured them
that the cases would be dismissed so far
as the criminal prosecution was con-
cerned. if Martindale would arbitrate
with the receiver and agree to accept
the decision of the arbitrator as final.
Full permission to act according to his
own dictates was given Mr.. Lambert by
the attorney general, so these afidavits
declare. and Mr.. Lambert failed to do as
he had promised and dismiss the case
The affidavits in some instances go fur
Their and affirm that Attorney Dean had
said that trial wonld not be on the first
but only on the second indictment. anil
no knowledge was had to the effect that
the trial was to be on both indictments
until some time in March The affidavits
of Judge Graves Frank Hagerman and
William MartindaIe are very long and
contain full information regarding the
promises of Mr. Lambert 10 dism SIS the
criminal case. That of Judge Graves ex-
PLOTS the action of Martindale in facing
the charges from which two men. H c.
Cross and D. NJ. Davis. had fed. Martin
dale has turned over every bit of personal
property. not saving anything either for
himself of his three sons. The affidavit
further shows that the people OF Emporia.
including depositors in the bank. are of
the opinion that Martindale should not be
held in a criminal way.
The history of William Martindale's
connection with the First National bank
OF EmpOria since its doors closed. Novem-
Der 16. 1895, shows the effect Of misplaced
confidence. Mr. MartindaIe is not an ac-
countant. He left the accounting to II. c.
Cross and u. NJ Davis. president and
cashier of the bank. The failure of the
bank was the loss Of his ow nfortune
through his confidence in c. S. Cross and
the manager of the bank.
Shortly after the bank doors closed c
s Cross drove TO his,stock farm. Sunny
slope" and shot himself d. NJ. Davis
the cashier OF the bank. left for unknown
parts Martindale was left to face the
rage OF the depositors The friends he
had made by his success left him and
denounced him. Soon the following letter
was found among the effects of Charles
Cross:
Emporia. Kan. May u. 1S9s-12. nonn-
I desire to state the misfortunes of myself
and the bank have been caused through
my faults and errors. l inherited a large
debt. which l endeavored to meet by
going into other schemes. which have
all been practical failures. and only got
me deeper into the mire. AS to the bank
matters. l desire 10 say that l have care
fully laid to deceive both the board and
directors. the cashier and employees. Mr..
Martindale viii now learn for the first
time how / have carefully deceived him,
principally by substituting paper Of
which he has no knowledge The reports
and letters written 10 the comptroller
have been by me misrepresented to the
board. they having been signed on tho
last page. and / having sent other letters
than the ones read TO them. changing
every one but the last sheet. I have a
hard luck story most or my lifetime. the
only pleasant feature being that of nv
present wife. who has been a good and
true woman Mr.. Davis. our cashier. has
never made an improper entry on our
books and knows nothing OF this whole
miserable business. Death / do not fear
lit is preferable 10 the agony of the past
year krow OF nothing further to add
'exceot a 70 Mr.. Martiudale-this is a
terrible thinS for him Tor ne has trusted
me without reserve have given him a
bill 81 sale 70 all my personal property
g = CROSS
The genuineness OF tha letter was
doubted at first. but soon Martinaale-s old
friends began 20 understand that he was
trying 70 make good the loss. Every cent
% his large fortune was turned over and
not a Bit was kept for himself or his
family. His friends returned 4 proni-
nent witness subpoenaed by the United
States 70 testify against Martindale. said
that the feeling about Emporia now was
that the case should BE- dropped a~ had
been promised by former United States
Attorney Lambert.
After srantins the continuance OF The
a motion 20 qussh each count OF the in