Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1906-06-14
Cunning Gets a New Trial.

The supreme court reversed the
conviction of Day Dunning of Mt
Ayr, who was convicted under the
fraudulent banking act and sentenced
to eight years in the penitentiary,
and he will have new trial.
The reversal Is due 10 un error ot
instruction In the lower court which
may have led the jury to have sun
derstood that IL the defendant, Dun
ming. had failed to act as a reasonable
and prudent man he must be charged
with knowledge of the banks insol-
vency." In other words the supreme
court finds that the instruction In
question implies guilt IL through his
negligence the defendant, Dunning.
did not know the actual condition OF
the bank"
The court holds that under the
Iowa statute to convict the state
must prove insolvency and the de-
PENDANTS actual knowledge thereof"
The lower court, instructing the
jury said TO that body IF you find
from the evidence that the defendant
from all the facts and circumstances
as shown In the evidence as n reason
able ana prudent man had a right to
believe and did believe that he and
the Citizens Bank were solvent, as
defined In these instructions. on Jan.
IA. 1904. then you should acquit him. :
The point raised by Dunning on APP
peal was that the instruction author
lied a conviction II the jury should
find that the defendant as a reason
able and prudent man ought to have
known that he and his bank were IN
solvent when the particular deposit
was received. In other words, that 1t
permitted conviction IL II were found
that the defendant had been negli-
gent In his conduct II his business as
a banker.
Statutes In some of the states make
the insolvency Of an institution the
prima facie proof that the banker was
guilty OF receiving the deposit under
question when the institution was In
solvent: not so with the Iowa statutes.
The state must prove that the In
stitution was insolvent on the day
the deposit was received and must
prove also that the banker knew 1t
was insolvent. His negligence In not
knowing what he should know Is not
ground for conviction.
President Cannot Come.
On behalf OF the local committee
at Des Molnes In charge OF the In.
vitations for the annual reunion OF
the Army Of the Philippines, invita-
tons to attend that reunion were ex-
tended to President Roosevelt and
Secretary Taft. The invitation to
President Roosevelt. including n copy
Of the resolution OF invitation passed
by the general assembly, was hand
somely engrossel and enclosed In a
large piece OF bamboo from the Phil
ippines.
President Roosevelt espresso ]
much regret that he would be unable
to go. He would like to attend TINS
event and also the reunion OF the q.
A. II. at Minneapolis but he has
planned on going west In the summer
of 1907 and IL will be impossible for
him to go west this year. He will
send a letter to the committee al
Des Molnes expressing his regrets.
Secretary Taft will also be unable
to attend the reunion, although he
will probably visit Des Moines next
fall. He has already made his plans
for a long vacation In July and
August. He will spend this in Can.
ala. Later, however, he will make a
number of speeches In which he will
deal with the Philippine tariff ques.
ton and seek to arouse public senti-
mpDt thereon He will mako Soma
speeches in Iowa and will probably
speak In Des Moines and visit Fort
Des Moines, at Captain Hul's re-
quest.