The Leon reporter. (Leon, Iowa) 1887-1930, 1905-04-27

'AY. APRIL 81. 1908.
would not have had 10 per cent of the
amount he actually had on deposit at
the time of the failure.
The evidence disclosed also that a
few days before the bank was closed
THAT the defendant drew his own check
on his own bank of which he was the
soleSowner, for 100000 to pay an over
draft in his account. The court was
never able to see wherein the act
could have added to the assets of the
bank but it did indicate purpose to
cover up the immense overdraft in his
account on the books, without in any
| way strengthening the assets OF the
bank and indicated that he was seeking
by this means to cover up the insolvent
condition of the bank by apparently
adding cash item of $4,000 to it's
assets.
Counsel for the, defendant. and a
! great many of his friends, and others
feel that this case is one calling for a
/, light punishment, and that moderate
fine would meet the demands of Justice
and vindicate the law. While others,
representing the state and interested in
the prosecution of this case no doubt
feel that maximum penalty ought to
he given.
s"Now, the court has been very glad to
have the suggestions made and offered
as to the length of sentence to be given
in this case. 1t is always important for
the court to know the character of the
defendant, as we'll as the evidence es-
tablishing the crime, in order to Justly
determine what the Judgment and
sentence should be, and the court has
considered every suggestion made in
arriving at the judgment it is about to
pronounce.
i5"But the able and learned counsel
for the defendant will at once concede
that they are and OF the right ought to
be friendly to the defendant, and are, to
some extent, prejudiced in his favor;
and it will also be conceded that those
friends who have been active on behalf
OF the defendant are, on account of their
friendship and close attachment by
reason of long acquaintance, not in a
position to look upon this case in a
disinterested way; and this is not re-
Election on these men, because it is to
their credit that in the adversity and
misfortune of the defendant, these
friends have held up his hands.
"And think counsel for the state,
who have with much energy and ability
prosecuted this case will agree that, by
reason of their employment and associa-
tion they would be disqualified under
the law to pass judgment on the defend
ant, and this is not only true of the at
torneys for the state, but is equally
true of those persons who are in sympa-
thy by reason of interest, with the
prosecution.
$50, while the court has been greatly
helped by the suggestions made, yet it
no doubt will be conceded by all fair
minded, disinterested men, that the
court could not accept and adopt the
views of either the state or the defend
ant.
"And it must be remembered that
neither those favoring minimum or a
maximum punishment have taken an
oath to administer justice in the case,
but this court has recorded, not only in
the archives of this state, but in High
Heaven, an oath to administer Justice
alike to rich and poor.
There are three purposes in criminal
prosecutions:
First, that the criminal when con-
victed may be punished.
Second, that the public be protected
by contining the criminal SO that he
cannot again, for time at least, have
opportunity to commit crime.
Third, that others may be deferred
from the commission of like crimes.
"In the case at bar, jury of defend
nf,c oy1,n co1ootiou in hic own oonn+x,
has convicted him, and the court has
seen no reason why the conviction
should not stand. Therefore, under the
law, the court should give such sub
stantial punishment as the facts and the
defendant will ever engage in like
he will perhaps. have neither opportu-
cannot close our eyes to public condi-
! tions. AS indicated above, under the
third division of the reasons why crime
like crime. 1t is fact well known that
in the past five years the crime of
fraudulent banking and its associated
crimes have generally increased. Hardly
a judicial district in this broad state
| UuU IdS udl OuS VI uOFc cases Oh UQlS
kind in the past two or three years. and
in the past eighteen months there have
been bank failures for large sums in
four of the seven counties of this Judi
cial district, and in one of the counties
there have been two failures within
that time.
with this record in the state and in
our own judicial district the court feels
1 that it is important that men holding
these places who violate their trust
should feel and know that, if convicted,
they will receive substantial punish
ment.
"If crime could be punished and only
the guilty suffer, the burden on the
courts would be greatly. lessened; but it
1 is well known that often the innocent
suffer more severely than the guilty
In the case at bar, the good wife and
children of the defendant will suffer as
great if not greater than the defendant
but it must be borne in mind that it is
not the court or the state that brought
this misfortune on the defendants fam.