The Montgomery advertiser., 1903-01-09
FALSE ENTRY
IS THE CHARGE
---s---.
Accusation Against Col.
E. B. Young.
COUNTS ARE REDUCED
Eufaula Bank Case viii Goto
Trial Today.
After Much Legal DiscussIeu, The
District Attorney Elects the
charse--0sn- W. O., ossss
WIN Recover $4,000.

The prosecution Ia the case Of the
United States W Edward b. Young. Tor.
merry cashier OF the Eufaula National
Bank In the Federal Court, In obedience
to the ruling OF Judge Thomas q. Jo1aea
YESTERDAY elected to try the. case on the
charge Of making false entries with IN.
tent to deceive and abandoned the
charge Of "abstracti IN, Of funds"
This election reduced the total number
OF counts In tbs indictment from forty.
nine TO sixteen. Subsequently the .nunn-
Der Of counts was reduced to twsives
Colonel Young. who ~ prominent citi-
zen Of Eufauia was indicted BY the
Federal Grand Jury altar an investiga-
ton into the failure Of the Eufaula
National Bank.
The case was called at iol6ciock yes
terday morning. The District Attorney
announced his election In the matter Of
counts. a. required by the ruling OF the
court. He moved then to mol PROSE- those
countA thrown out. The motion was
granted. ~ =
Counsel for the defense renewed the
motion to quash the indictment. on sthe
same grounds as we're Get out wednes.
day. He pleaded that sven after the redue.
ton Of counts there were stiii charges
Of q different nature set out In the In
OlCLmeuG k1S Od4lN0 the h3tSUtsou u fNnS
court 70 the fact that one count charged
tain account on q certain day and other
counts alleged false entries on warranis
on otiisr dates. 81 l..
Judge Jones ruled a. he had done b.
fore that the indictment was. perfectly
legal. He said. however. that In such
cases, q large amount OF discretionary
power was imposed In the court. and In
his desire 70 In no way have the cause OF
the defendant embarrassed. he would
have the government elect one charge
alone on which to base the prosecution.
Judge Jones then addressed sha District
Attorney saying that he could 80 before
the grand jury and bring In an indsct.
ment for each specific case, no matter
how large would be the number Of these
indictments.
The prosecution asked for an hour 10
elect the charge, which was granted by
the court. 3.-
After the recess. the District Attorney
announced that he had elected 70 try the
case on the false entries On warrants ~
to the cash distractions from the bank.
said entries he said being made With In
tention to deceive. y
The defense again moved to quashg on
the same grounds. on account Of The
entries being made at separate times.
The motion was promptly overruied By
the court.
The attorneys for the defense hare eek
ed for time In which 70 prepare dsaaur-
rers to the Abridged Indictment. THAR
request was granted and the court took
recess until 10 o'clock this naOruin6.
The evidence the case will prcbAbly
be reached by ..is afternoon.
General W. c. Oates, who waS perhaps
the largest loser by the failure Of the
Eufaula bank said yesterday that be, per.
sonally sympathised with the family Of
Colonel Young and adaed that II Il was
In his power to do 90, he would have the
case against Colonel Young Dismissed.
AS result Of Judgments by the courts
General Oates said he would receive
about $4,000 Of the money lost through
the bank failure This will reduce his
actual loss to about S25,0O0