The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-04-28
IT GOES OVER.
MartindaIe Case Won't Be Tried
After All.

long continuance in the trial of the
case against William Martindale has
! Deen granted. In the United States dis
/ trict court Judge Phillips of Kansas
CITY, who occupied Judge Hooks bench
Tor the nearing of the case announced
his decision of a motion made by the
attorneys for the defense. The applica-
ton Was granted because the defendant
GAINED not to have had sufficient time
Tor preparation. Judge Phillips also
ordered that the two indictments in
which the name of William Martindale
appears as defendant be consolidated
When Judge Phillips this afternoon
announced his intention of granting the
continuance District Attorney Dean re-
quested that the trial of the last indict-
4 ment be commenced at once and that
the attorneys for defense be given time to
] prepare on the former one. Judge Phil
4 lips denied the request and ordered the
two indictments merged. The ahidayits
presented in the application We're signed
by William Martindale. Judge Graves,
| L. 3. Kellogg. Frank Hagerman, Geo.
/ Plumb, Senator H. B Miller. J. c. Ran
/ kin of Quenemo, c. G. Hall of Buriing-
/ ton and +. A. Wright, an expert ac
cOuntant who examined the books of
the bank in the interest of the defense
It was November 16. 1898. when the
First National bank of Emporia was
| closed by order of the comptroller of the
treasury. Charles Jobes had been the
1 ditiOn Of the institution and he was its
/ first receiver. Charles Cross was presi-
/ dent William Martindale, vice presi-
1 dent, and D. W. Davis cashier. 1t was
the only Emporia bank that ever failed.
/ For two days after the bank was closed
1 the people of Emporia did not realize
what had happened. AS good as the
Cross bank" had been the expression
for stability in Lyon county for twenty
five years.
An hour and a half after the bank
was closed Charles Cross shot himself
in . little rear room at Sunny Slope
farm. three miles from Emporia.
Strangers are still shown the slopinE
shed roof under which he shielded.
Cross knew the failure would come.
fifteen years before It occurred H c.
cross. his father. who had been presi-
dent before him. commenced the trouble
by unfortunate Investments. Charles
Cross inherited a big Indebtedness upon
an estate valued at about $500, coo, and
the Indebtedness grew through wild in
yeStments followed by actual pecula-
tons from the money drawer.
A statement published shortly after
the failure showed Cross Indebtedness to
be divided as follows:
Money invested in doubtful enter
prises. $3.50, GOO
BY manipulation of reserve agents
accounts, $50 GOO
600 80
On November % a confession written
and signed by Cross during the month
of May previous when he feared a crash
attempted to exonerate every one con
nected with the bank except himself. He
said he had by ingenious frauds de-
ceived the other officers and employees
of the bank as to his own misapplica-
ton of funds and that ne was alone re-
spOnsible for the failure. The Cross
estate was sold to satisfy part of his
Indebtedness. William Martindale own
ed a large amount of stock and dis
posed of nearly everything he had to
meet his personal liability
The Martindale bank is said to have
held nearly 100000 in worthless paper.
Its deposits amounted to more than
$500. 600. It was reported insolvent on
May 9, 1898, but the officers of the bank
were given until November 1 to make
good the deficiency. 1t was through
Cross manipulation Of the affairs of the
bank that Martindale became implica-
ted, whether knowingly or otherwise.
He stayed and faced the trouble as did
also D. w Davis who was cashier
After the failure criminal charges
were made against the two men and in
dictments charging Martindale and
Davis with Misrepresentation and mis-
application of the money and credits
OF the bank We're found by the federal
grand jury. After the finding of the
first indictment Davis disappeared He
went to Canada or Mexico or some