The Leon reporter. (Leon, Iowa) 1887-1930, 1905-04-20
DUNNING GETS 3 YEARS
Judge Evans Sentenced President
of the DefunCt Mt. Ayr Bank
tuesday Morning.

! The mooted question, of whether Day
Dunning, the president of the defunct
Citizens bank at Mt. Ayr which failed a
little over a year ago owing depositors
over 100000, on which they will prob
ably not realize more than 10 per cent
should escape with good big fine
was finally settled Tuesday morning
when Judge Evans sentenced Dunning
to serve three years in1the penitentiary
at Ft. Madison at hard labor. Dunning
was Indicted for receiving deposits
after the bank was insolvent and was
convicted at the trial which was held
at Mt. Ayr in February. AT the time of
his conviction his attorneys made a
strong plea asking that he be let off
with only a fine and not he further dis
graced by being sentenced to the peni-
tentiary. Judge Evans was not ready
at the time to pass sentence and took
the matter under advisement, announce
ing that he would be in Mt. AYR on
Tuesday of this week to pass sentence.
In the meantime a petition had been
circulated in Dunnings favor, praying
the Judge to impose only fine, and this
caused another petition to be circulat-
ed which was signed by many of the de-
positors, asking, that he be given the
full limit of ten years. Before passing
sentence Judge Evans heard the attor-
neys for Dunning, ]. P. Flick, of Bed
ford, I. L. Maxwell, of Creston, r. H.
Spence and Fuller & Fuller, of Mt! Ayr,
at considerable length on the motion
for new trial on the grounds of errors
in the instructions of the court. The
judge reviewed the instructions com
planned of, and said he had given them
careful consideration and study, and
was satisfied that no error had been
made. In passing sentence he review
ed at considerable length the history of
the case, and said he had been person
ally acquainted with Mr.. Duhning for
many years and would personally be
only too glad to give him nominal
sentence if it was justified by the facts
and the law. That by reason of the
good name which he enjoyed the people
had entrusted TO him about S411,000 of
their money under the impression that
it was perfectly safe to do so, and the
defendant had used their funds taken
from his bank for number of private
enterprises with which he was connect
ed and had also loaned large sums on in
sufficient security. He said he had
taken an oath not only in the archives of
this state, but in High Heaven to adj
minister justice alike to rich and poor.
1t had been suggested to him by defend
ants counsel that any reasonable fine
imposed would be paid, but he did not
consider that this would inflict any
such punishment on the defendant as
he had inflicted on the widows and
orphans by squandering the money en-
trusted to him for safe keeping. He
concluded his remarks by sentencing
Dunning to serve three years in the
penitentiary at Fit. Madison at hard
labor and to pay the costs of the trial.
Dunning's attorneys Immediately gave
notice that the case would be appealed
to the supreme court, and the appeal
bond was fixed at $500, which was
given at once.
Dunning's son, Clyde Dunning who was
cashier of the bank at the time it failed
was also indicted on three counts, but
when his case was called before Judge
Towner last week he was granted a
change of venue and the case goes to
Creston for trial.