The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-26
KANSAS NEWS.
:. Z. MARCEL, Former Cashier
OF the Highland Bank, Talks
Says He Has Done Everything
in His Power to Settle.
CRITICISES DIRECTORS
Thinks They Might Have Aided
a Settlement if So Disposed.
Tells OF Some Matters Hereto
fore Secret to the Public.
CRITICISES DIRECTORS

Troy, May 26.-J. E. MARCEL, former
cashier of the defunct bank of High
land, was seen by a correspondent ana
talked freely, which he has before re
fused to do, since his arrest. Although
he has been confined in the jail since
January 10 he is looking Well IN MS
conversation he said:
prior to this 1 have refrained from
talking because my attorneys cautioned
me to keep still. I have done every
thing in nv knowledge and power TO
assist the receiver of the bank and his
attorney to ferret out the mysteries
connected with the wrecking OF the
bank. and. if the officers and directors
had shown a similar disposition no one
would be kept in suspense as TO the
real conditions 1 decided all OF my
property over to the directors immedl-
ateIy after my arrest, and if they had
been so disposed with that $4,000 they
could have put the bank in good con-
ditiOn.
4 sincerely hope that the depositors
will be paid off at a good percentage,
and I believe that all of them Will ad-
init that 1 have done all that couIo
to save them since my trouble began.
Prior to this MARCEL had never sta
ted where he spent the night after ne
gave bond and was released, when nfst
arrested Today he admitted to having
spent the night in the bank fixing the
books.
who was with you during the
night? '' asked the correspondent
Howard Dillon. H. G. Marker and &.
Nv. Overlander," he replied.
when did you leave the bank?
''At $3.50 in the morning" was his an
swer, "and the other men We're there
until later in the morning. L left in
time to catch the Grand Island train
at Severance for st. Joe, and presume
that I'll never be cOgnizant OF what
~ for a
train
By the decision of an interplea in the
case of the state versus the Bank OF
Highland, on trial in the district court,
Judge Stuart set S7,962.S5 aside as
trust fund and ordered the receiver OF
the bank to pay that sum to r. h
IarZelere, treasure of DOniphan county
From the evidence it developed that Tor
several weeks prior to the failure OF
the bank, on January 5, 7. J. Arm
strong had a list of the taxpayers
around the vicinity Of Highland and
had been collecting their taxes Tor
them, to be RENTED to the county
treasurer AS this money was collect
ed by him, he deposited 1t in the Bank
of Highland and, on December 10, last,
he bought a cashiers check for the
above sum and sent it to the treasurer.
BY the treasurer it was deposited IN
the Bank of Troy, and by 1t sent to It's
correspondent in St. Joseph, which re-
turned it to the Bank of Highland and
received thereafter another draft on a
St. Joseph bank. About this time the
Highland bank failed and the draft
went to protest the transaction was
retraced and the Troy bank checked off
the credit formerly given to the treas
urer. In the meantime, the treasurer
had sent the various taxpayers receipts
for their taxes, and had even RENTED
to Armstrong a small balance that he
had overpaid.
The question as to who stood to lose
this neat sum has been a puzzle to
those interested in the facts. Recently
four of the taxpayers, headed by Chas.
z. Miller, former county commissioner,
filed the interplea, asking that sufh-
cient funds in the hands of the receiv-
er of the bank be set apart to pay
the taxes in full and the order follow
ed as stated. The other taxpayers,
about $50 in number. neglected to take
any steps in the matter, for fear of
prejudicing their rights, and to the
four interpleaders is given much credit
for risking the payment of their entire
tax again in order to bring the matter
to focus However, the whole num-
Der will profit by the order; the treas
urer viii get the countys money in full
without question and the banks here
and in st. Joseph will be relieved.
In giving his decision the court de-
cided that the Bank of Highland knew
of the purpose for which the money
was deposited by Armstrong and this
made it a trust.