Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1905-02-04
Though Condition Of Bank Was Bad,
the Attorneys for Mr.. Cumming
Pleaded Ignorance of Business AZ
fairs and L~iberality to Friends.

Mt. Ayr. Feb. 2.-Day. Dunning, for
mer banker and respected citizen OF
Mt. Ayr, was convicted of the crime of
fraudulent banking by the jury. which
returned a verdict at 1:45 this morn
ing. The jury reached an agreement
at lis, after being out seven and one
half hours. The vote On the first bal.
lot stood 10 to 2 for conviction.
Judge Evans will sentence Cunning
this morning. Dunning was formerly
the head of the wrecked Citizens bank.
Arguments Made Yesterday.
The Dunning case went to the jury
at $3.50 o'clock yesterday afternoon fol
lowing Judge Evans instructions.
The concluding evidence Of the de-
Tense In the Day Dunning trial occu-
pied only half an hour yesterday morn
ing and the offer of the state to In
troduce two witnesses in %rebuttal, to-
gether with the objections to the two
by the defense and the arguments on
the objection, took only aGotber half
hour, so that the case vas ready to be
argued to the jury at 10 o'clock.
The defense's evidence yesterday
consisted of that offered by C.. A. Mast,
the expert accountant. it's 'brevity be-
ing due to the fact that his compila-
lions were presented in typewriter
form and made exhibits, SO that identi-
fcation by him was practically all that
he gave in the way ofNtestimony.
Not a Good Note sharer.
L. w. Laughlin who. by Judge
Towner's appointment. is acting as
special county attorney in the bank
cases, opened the argument for the
state. He briefly outlined the position
taken by the prosecution, saying that
of the four points sought to be estab-
lished-Dunning's ownership Of the
bank, his receiving the Sewers de-
post, his insolvency. and his knowl-
edge of the insolvency-the first two
wer admitted. Mr.. Laughlin urged
from the evidence of the banks books
that insolvency was fully proven, his
estimate OF the actual assets of the
bank being $1S0,000 against liabilities
of $3.50, 900. He enumerated the sew
eral admissions made by the defend
anttto show the defendants knowledge
Of his financial condition.
Following Mr.. Laughlin, Hon. T. L.
Maxwell Of Creston began at 1880 the
first argument for the defense. He de.
fined the relations of a bank to both
lenders and borrowers, and described
Dunning as a man who had the weak
ness of wanting to help everyone who
came to him for help. being such a
man as does not make a good banker
or broker or note shaver"
Scores States Witnesses.
Mr.. Maxwell scored the men who
had testified that the bills receivable
were worth 10 to Is cents on the dol
lar and who by admissions had raised
their estimates to twice or three times
that amount. Mr.. Maxwell blamed
Trustee Scott for slow collections Of
the estates funds.
Former Congressman James P
Flick of Bedford made the next argu
ment for the defense, and Hon. v. r
McGinnis of Leon delivered the clos
ing plea for the state.
No Crooked Work.
Mr.. Flick made an eloquent ples
relating the total lack Of crooked
transactions, such as forgery or false
entries and urged Cummings long ca
reer of kindness and hel%pfulness.
Mr.. McGinnis' plea was %dispassion
ate but very convincing. He salt
that Cummings assignment proved hi.
insolvency, and his sworn statemen
that the bank was solvent proved hi.
knowledge of it's condition.
9-U