The Wichita daily eagle., 1903-05-13
Interesting
AFF|DAVNS
VIM. MartindaIe's Attorney Re-
view Whole Case
CITE LAMBERFS PROMISE
Says MartindaIe Was Ignorant
ofBoOk Keeping
CITE LAMBERFS PROMISE

Topeka, Kan, May 12.-The case of the
United States vs.. VIM Martindale was
last week continued by Judge Phillips,
presiding in The United States court until
the next term, upon the application Of
defendant, which was supported by num-
erous af1davits. Among these were that
OF Frank Hagerman, John c. Rankin,
Senator II. B. Miller, George G. Hall,
]. NJ. Johnson and Mr.. George Plumb
Afidavits were also fled by JudgeI
Graves and Kellogg, attorneys for Mr..
Martindale. Mr.. kellogg corroborates
the statement Of Graves as far as the
conversations and agreement with Mr.
Lambert are concerned, but does not go
Into details about the other matters. Fol-
lowing is the substance of Mr.. Graves
affidavit:
am one Of the attorneys for the above
named defendant. William Martindale.
and have been his attorney ever since
his first arrest in the above entitled cases;
during said time Mr.. Frank Hagerman
OF Kansas City, No. and Mr.. L. B. Kel-
logg. of Emporia, Kan, have also been
attorneys for said defendant, Mr.. Martin
dale
Soon after the first arrest OF the de
fendant, William Martindale, upon the
first indictment found against him, Judge
Kellogg and myself. rs the attorneys for
William Martindale. had an arrangement
with Dir. Lambert as United States Dis
trict Attorney. whereby IL was understood
between us. that no steps would be taken
81 ,Ia-
said indictment until the civil matters be-
tween the receiver Of the SAID First Ma
tional Bank and Mr. Martindale were ad
5usted
Mr. Martindale conveyed his property.
mostly real estate, TO d trustee for the
benefit of his creditors. The receiver in
stituted a suit in this court, as receiver
for said bank against Mr. Martndaie
in which he claimed Judgment against
Mr.. Martindale for s1S3.252.
After Mr. Martindale had turned over
all his property to his creditors, and IL
began to look as though the bank would
pay larger per cent upon its indebted
ness than was at first expected. public
sentiment against Mr. Martindale chang
ed materially in his favor. and the de-
positors Of the bank who had organized
and were actively looking after their in
terests petitioned Mr.. Lambert to dis
miss the criminal prosecution against the
defendant. Mr.. Martindale and Mr.. Lam
bert began 10 seriously consider the pro-
priety of so doing.
In a conversation had by this affiant
and Judge Kellogg, as the attorneys Of
Mr. Martindale, with Mr.. Lambert con
cerning an adjustment of the civil liability
OF Mr. Martindalc to the said receiver. by
arbitration which was agreed to, Mr.
Lambert stated to us that he did not
want to prosecute Mr.. Martindale GRIMM
eIly-he had never felt that he was really
guilty of a crime, and the really guilty
parties having escaped prosecution. he DID
not think it right and just TO prosecute
Mr.. Martindale. and If he could see his
way clear to do so. he would dismiss the
case.
Afterwards he told us that il Mr.. Mar
tindale would agree TO arbitrate with the
receiver and accept the decision of the
arbitrators as final. he would dismiss the
criminal case against him. The arbitra-
ton was had. Aiartindale accepted it as
final and at the time of the arbitration.
bert also informed Mr.. Frank Hagerman.
one OF Mr Martindale's attorneys. that
ne intended to dismiss the criminal pro
ceedin gagainst Mr.. Martindale.
Mr. Martindale. as Mr. Lambert well
knew. was an uneducated man, wholly ig-
norant of bookkeeping and accounts and
had never had any supervision or man
agement of the business of the bank OF
which he was a vice president, but had at
all times trusted and relied upon the pres
ident. c. S Cross in all matters pertain
ing to said business.
G S. Cross was a thorough accountant.
and had manipulated the books of the
bank in a way 10 deceive the government
bank examiners for years and as soon as
the doors of the bank were closed he
committed suicide
Immediately before committing the act
of taking his own life, he left in the pos
session Of his wife for Mr. Martindale. a
letter. in the nature Of dying declara-
zion. which completely eXonerated Mr..
Martindale from all fault in bringing
sbout the troubles of the bank
The depositors of said bank. consisting
or several hundred citizens Of Lyon coun-
~ Kan. became satisfied that Mr.. Mar
tindaie ought not TO be prosecuted and
petittoned Mr.. Lambert to bring about a
dismissal thereof. a copy OF SAID pet-
ton Is hereto attached