Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-04-30

Meyers money to his own use. Accord
| ing to the Times Herald of Mason CITY
| the proof was in substance that Mr.
| Meyer on the 2Sth day of March, 1906
| had with the bank of Thornton an opel
account in his favor of $1,075.S2 agains
which he was privileged to draw checks
He also had certificates of deposi
amount of $S29.14, so that the bank was
owing him on the date complained OF
/ 81 90i 90. He had no money i'm the bank
| hut only deposit account to his credit
of that amount, j. e., $1904.96. In com
mon speech person having such al
account with such a bank is said tc
J have money in the bank. but in ordinary
| business and in legal sense, the per-
! son in fact has no money in the bank
but is only creditor of the bank.
on the 2Sth day of March 1906 Mr.
| Meyer returned his certificates of de-
posit amounting TO $s29.14. to the Bank
of Thornton, and drew his check On the
! bank payable to the order of the Bank
| of Thornton for s1,S35. The bank made
a certificate of deposit for the amount
of $1,000 payable to Mr.. Meyer, with
interest al 5 per cent, but held the GER
tificate to await advice from the Beloit
Savings bank and sent the Beloit Saw
ings bank a draft for si35 in payment
Of the interest on the loan of Mr. Meyer.
At the time Mr.. Meyer was owing
the Beloit Savings bank $1,000 which
became due on the first of April, 1906,
With ,$135 interest. The Beloit bank
Was not required to accept less than
the whole amount of its whole note
and interest, which amounted to
$3.50, and 1T was necessary to learn
whether they would accept the inter-
est s135 and the $1,700 on the prin-
cipal. and continue the time of pay
ment on the balance of the note as
Mr.. Meyer was not prepared to pay
the whole of the note and interest.
Mr.. Meyers check for s1.S3s was
not payable to the Beloit Savings
bank, but it was payable to the order
of the Bank of Thornton, and 1T was
not intended or expected by him that
the check be sent to the Beloit bank.
No such direction was given Mr. Bar
low or any one else connected with
the bank Mr. Barlow in fact did not
draw any money from the bank on
this check at all. but 1T was entered
in the bank account kept with Mr..
Meyer, in the usual course Of bust
ness.
Neither Mr. Barlow nor the Bank
of Thornton sent to the Wisconsin
bank any money at all. but sent a
draft on the Thornton bank, for s125
in payment of the interest, and the re-
mainder of the account, $1,000 or so,
remained to the credit of Mr.. Meyer
as the books Of the Bank Of Thorn
ton show.
1t will be seen from these facts
which developed in the trial, that dur
ing all of this transaction on which
the indictment was based, Mr.. Bar
low received no money whatever.
either from Mr. Meyer or from the
bank on his account. Mr.. Meyer paid
no money to Mr.. Barlow or to the
bank in this transaction, but the bank
was at the time and continued ito be
creditor Of Mr. Meyer for the
amount which was owing him.
1t will be seen also that no wrong
full use of Mr.. Meyers check was
made and that no money was re-
ceived by Nj. Barlow or the, Bank of
Thornton in this transaction and
hence it will be seen how grossly
erroneous are the reports that state
that the direction of the court to the
jury and the verdict in favor of Mr..
Barlow were on a technicality.
On the contrary. the ruling of the
court. and the verdict, We're given and.
rendered only and solely on the legal
merits of the case and because the
evidence showed that Mr.. Barlow was
not guilty Of the crime of emoezzle-,
ment in the transaction complained Of
Matters were In this shane when the
bank was closed. Upon this showing
it would seem even to those outside of
the legal profession. the discharge Of
Mr.. Barlow was a, foregone conclusion,
and not another black mark to be
added to Technical decisions of our
Judges. The next case. against Mr.. Bar
low is upon charge of fraudulent
banking. The trial in this case will
come on a week from Monday A sim
liar Indictment. was returned AGAINST
Fred Ehlers and his trial Will also
follow. The evidence supporting the
charge against, Barlow and Ehlers for
fraudulent banking is such that longer
trials are anticipated. His friends
here say he will easily disprove this
charge, while the other side say there
is plenty of evidence in the coming
trial to convict both Barlow and Ehl-
PrS "a sft