The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1903-10-09
Ex-Banker Ward of LeMars
National Pleads Guilty in
Federal Court.
STATEMENT IN HIS BEHALF
Attorney Persons Makes Showing Of
the Bank Officers Relations to the
institution Before He Com
mitted Crime.

short minutes at the evening Ses-
sion OF the federal court here.
Judge Smith Mcpherson sentenced T.
E. Ward, former acting president of
the LeMars National bank, to pay a
fine Of $4,000 and go to Jail until it is
paid.
Mr.. Ward said IN response to ques-
ton as to whether he had any reason
why sentence should not be pronounced,
that he had nothing to add to a state
ment which had been submitted to the
court. Judge Mcpherson said he
thought the offense did not deserve
penitentiary sentence and he had no in
tention of sending him there.
In fact, from looking over this state
ment, can hardly tell just what was
the oifense,' the court remarked.
Mr.. Ward, through his attorney, J.
M. Parsons. yesterday afternoon plead
ed guilty to the first of seven counts in
the indictment. The count under which
ne was sentenced charged generally
misrepresentation of the banks funds.
Inc remaining counts were dismissed
by United States Attorney Mcmillan
The statement recites the fact that
the LeMars National bank, organized
in 1882 with 100000 capital, was closed
in 1888 on account of it's insolVent con-
dition, but was allowed to reopen. Mr..
Ward became associated with the bank
in 1896 and was made vice president in
1897. When he came to the bank there
was of worthless paper, securities and
real estate, the items of Which are emu
merated, a total of s1OS,OOO loss to the
bank, without interest. In addition to
this there was in the bank $5O.400 of
Valueless paper, and real estate valued
at S45,000 was sold by the receiver for
$4,000, making loss on this
Item Of $4,000. All of these
items represented a net loss
to the bank of s175, 900, when Mr.. Ward
Joined the institution. A 25 per cent.
assessment brought in $4,000. Mr..
Ward held $25;0O0 of stock and he lost,
this, with his portion Of the assessment.
The books show Mr.. Ward used drafts
of the bank to the amount of $6,500
before he left in April, 1901, and there
ceiver from his collateral and settle
ments 1920. The receiver paid out
100000 from the assets Of the bank,
and the statement is made that had the
bank been liquidated when Mr.. Ward
joined the institution not 10 cents on
he dollar would have been realized.
A Way of Escape.
A federal statute provides one sub
jected to fine in the federal court, can,
after thirty days, go before United
States commissioner, and, by showing
that he has not property subject to
execution in excess of $40, can obtain
discharge. 1t will not be necessary
for either Mr.. Ward or any one else TO
pay one cent of the large fine.
Following is the statute under which
Attorney j. M. Parsons, for Mr.. Ward,
has shrewdly Planned the light penalty
which his client must pay:
Sec. 1912. When poor convict, SEN
fenced by any court of the United States
to pay fine, or fine and cost, whether
with or without imprisonment, has been zen
confined in prison thirty days, solely for
! the non-payment of such flne, or fine and
cost, he may make application in writ
ing to any commissioner of the United
States court in the district where he is
imprisoned, setting forth his inability to
pay such fine or fine and cost, and after
notice to the district attorney Of the
United States, who may appear, offer evil
dence and be heard, the commissioner
shall proceed to hear and determine the
matter; and if, on examination, it shall
able to pay such fine, or fine and cost,
and that he has not any property exceed
| ing $40 in value, except such as is by law
exempt from being taken on execution
lister to him the following oath: II do
! solmenly swear that have not any prop.
| erty, real or personal, to the amount OF
$50, except such as is by law exempt from
| being taken on civil precept for. debt,
| by the laws of Estate where oath is ad-
| ministereO; and that 4 have no property
any way disposed of for my future ben
eft. So help me God" And thereupon
missioner giving to the jailer or keeper
| of the jail certificate setting forth the
| facts.
The existence of this statute was
| fully known by Mr.. Ward and his at
| torney before sentence was passed last
night, even if both attorney and client
were aware of the nature of the pen
atty to be paid before there was a con-
sent to plead guilty.
| It is doubtless true, however, that
the well-nigh universal popularity OF
Mr.. Ward throughout northwest Iowa
| had much to do in securing this, to
him, happy exit from his embarrassing
position. Since the Indictment was re-
| turned two years ago there have been
! numerous continuances. These avoid
/ ed the presentation of the spectacle of
a former republican state chairman,
now United States district attorney,
prosecuting a former colleague, for
Mr. Ward, when ae defaulted, was
chairman for the Eleventh district
when H. G. Mcmillan was at the head
of party affairs in the state.
Mr.. Ward pleaded guilty yesterday
afternoon to the first Of seven counts
in the Indictment against him, this
count accusing him Of misappropria-
ton of funds Of the bank.
Appeared Like New Man.
When MI Ward entered the court
room at 1880 o'clock last night to re-
ceive his sentence those present saw a
great change in the man in the past
two years. When Mr. Ward appeared
before the grand jury two years ago
last month lines criss- his face
his eyes were restless from the fever
of anxiety and his features were hag-
gard fom loss of flesh.
4 Mr. Ward was dressed Immediately
4 when he was called before the bench
i He wore a close-fitting suit of black
4 and high. spotless collar.