Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1905-11-09
ATTORNEYS FOR HENRY C. COLL
ARGUE pEMuRRERs,
WHAT WAS MONEY F0R2
Information Requested by Court 70
Show Why Transaction Was Not
Lawful Efforts to Hurry the Case
Against Alleged Accomplish Of Ex.
Banker Frank G, Biselow,


agaiust Henry c. Coll, former assist
amt cashier Of the First National bank,
who is charged with having assisted
former President Frank q, Bigolow
in lootiug that institution, commenced
before Judge ]. v. Quarlcs Of the Unit.
cd States circuit court yesterday
morning.
The point argued by the attorneys
and expressly inquired into by the
court was as TO whether the transac.
ton of the defendant IN issuing the
drafts which were claimed to be
without authority OF the directors"
of the bank words copied from the
statu,e-was part of an unlawful
transaction The court asked whether
1t was not required that the indlc,
ments show plainly that the transac.
don OF which the l. suancc OF these
drafts were n part was unlawful
The defendant was seated In tho
row of seats just inside the railing
that separates the lawyers desks
trcm the benches for spectators, He
was evidently nervous, his hands
twitching and his features screwed
into u scowl He paid close attention
70 the proceedings, but took no part
In them,
Attorney norr BEGAN the argument,
stating that the defendant had been
indicted ON Is counts, to t. of which
demurrers had been Med The counts
contain -four sets of charges, namely,
that the defendant had executed cel.
tain drafts without the authority OF
the board Of directors, misoppliod tho
funds Of the bank 10 his own benefit.
aided and Allotted Frank g. Rlgelow
In the misapplication Of bank funds,
and made certain false entries IN the
books of the bank
Deniee Technical Reasons.'
The attorney stated that his client
was not seeking to oyadc his rcspon
sihility on any technical grounds, but
insisted that The objections to tho IN
dlctments 70 to the broad merits Of
the ease, that citizen had been
charged with serious offensc, VIC
lation of the penal code, and that his
rights must be protected by the court
Judge Quarles interrupted the at
torney to suggest that the frat two
indictments be taken mp and disposed
Of then the next two. and 30 on
through the whole number, to save
wasting time in n long preliminary
discussion. Mr. Dorr then directly nj.
tackled The first count, because II did
not sufficiently apprIso the defendant
with reasonable certainty, Of the ma.
ture Of the charges against him. 40
that he could prepare his defense.
lie read from the indictments that
Coll was charged In tho FIRST two
counts with having issued n draft
January 30 1908, on the National CITY
bank of New York for $4,000, made
out to Tracy 4 Co, without the au-
thorlty of the board Of directors" MI
Ddrl claimed that In the earlier part
Of the same Indictment IN which the
defendant is claimed TO have been the
assistant cashier Of the bank, the an.
thuriiy To issue checks and drafts and
other paper Is granted Tho state
mont that he had issued these specific
drafts without authority from the
board Of directors was repugnant 10
tho statement that he was the assist.
ant cashier of the bank, position
which means that he was authorized
by the board Of directors 10 Issue
checks ana drafts for ana on behalf OF
tho bank.
Judge Quarlcs Interrupted the attcr.
ney, and suggested that lnasmuch as
he had made his point. he would IKE
10 hear from the government, Mr.
Borr was about TO cite procodents,
tnt Inc court said:
do not wish to cut you of short,
but yon are starting out on long in.
vestigaiion here and the court has
considered all these questions and ex
amined all the authorities. II Il Is
possible 10 save time want to do 80
What Was the Money For7
The court Interrupted The district
attorney ~ he had prcyiously inter
rapted The prosecution, by asking for
arguments On the point as to whether
the Indictment should not contain
facts 70 show that the transaction oh
jected 10 was not sound transac.
ton.
II is not ayerred that The transae
tlcn was done without the knowledge
or consent OF the directors" said
Judge Quarles. The terms Of the
statute are not exact, and need ampli.
fcatlon The district attorney has
consented that the cashier Of the bank
has the right 10 issue drafts. In what
way has he transgressed. then? How
did he 0yerstep HIS usual authority? |
There II nothing In the indictment
but naked allegation. We have no
information how and by what methods
he violated the law"