Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1908-01-01
Would BRING Walsh
Case TO A QUICK end
EFFORTS 70 WIND UP TRIAL or
CHICAGO BANKER ARE
STARTED.
EVIDENCE DECLARED
TO BE INSUFFICIENT

~ o6 0NoOfeJO1eN ]
Judge Anderson Makes Declaration
That Defendant Tried to Serve Two
Masters Court Asked to Instruct
Jury to Decide mot Guilty"
Chicago, Dec. 27.-Enorts to bring
the trial of John r. Walsh to an i'm.
mediate close were made Thursday.
AS soon as court reconvened the jury
was sent out of the room and Attorney
John s. Miller informed Judge A. B.
Anderson that he would move to strike
from the record certain evidence intro
duced by the government, which
rested Tuesday. Next he asked the
court to instruct the jury at once to
bring in q verdict of not guilty on the
ground that the government has failed
absolutely to make out case.
Attorney Miller addressed himself
first to his motion to expunge portions
! Of the governments testimony against
the former president of the Chicago
National bank.
Argues lnsufiiciency.
Taking up such of the 200 counts in
the indictment which are combined
under the general heading of class F,
Attorney Miller argued their insult
cheney. He made that objection to all
of the F counts, he said. and especially
to F count No. is.
/ These F counts were neither good in
law nor were they specific enough, At
torney Miller declared, and then he
turned to his motion for immediate
dismissal of the case.
During his argument upon this mo-
ton Judge Anderson made the state
ment:
The evidence in this case tends to
show that the defendant was trying to
serve two masters, which is difficult If
not impossible"
'But not criminal added Attorney
Miller.
Wants Sheets Excluded.
One of the points which the defense
wishes excluded was the final testi-
mony of Witness A. F. Williams, rela.
tive to the balance sheets in the an
nual report of the Illinois Southern
and the Southern Indiana Railway
companies, Of which he was auditor.
The witness testified to the omission
of certain items on the books Of the
road from the balance sheets in the
annual report. Attorney Miller said
a feeble but Intellectual attempt was
made to connect this testimony with
Mr.. Walsh. 1T was not proved.
therefore move it's exclusion for want
of connection" he said.
Other points of testimony relative to
different counts of the indictment
were then taken up by counsel.
Object on New Ground.
III there is a Truie of law that a
count must set forth the circum.
stances surrounding misapplication
charged and also the amounts in
volved, then these F counts are insult
ficient," declared Attorney Miller.
There is another objection on the
ground of variance. The evidence
| doesn't show a misapplication of the
funds of the bank. If Mr. Walsh's &C.
count in the bank was good and
valid account, then transactions OF his,
transferring the credit of his account
to the account of another corporation,
are also good and valid Yet the charge
| is that he transferred the moneys
| of the banks over to another corpora
tion."
"Funds" or "Moneys" Involved.
Here is an Indictment" began
Judge Anderson, with charges that
the defendant willfully misapplied Ger.
tain funds of the Chicago Nationa,
bank by paying and turning them over
to the Southern Indiana Railway com
pany and that this was done not for
any use or advantage of the said bank.
ing association
1.-THE indictment in these F counts
does not say funds but the word
moneys which is different" inter.
rupted Attorney Miller. ''That 10 cor
rect" said the court.
when the objections to the counts
were first raised at the beginning of
the trial, asked the prosecution what
it intended to prove and was told
that proof would be offered that the
defendant boldly took the moneys OF
the bank and paid them over to the
railway company. I understood from
the use of the word boldly that the
! prosecution meant evidence would be
introduced to show that the defendant
boldly and physically took these
moneys and turned them over to the
railway company. Now, the govern
ment has introduced evidence tending
to show that instead Of boldly and
physically taking these moneys, he,
being the president and active man.
ager of the bank, accomplished that
effect by first creating an apparent
credit on the books Of the bank. by
then transferring that credit to the
credit of the railway company and
then that the railway company drew
that money out of the bank"
Enters Plea Of "Not Guilty."
Salem Mass Dec 27-"Not 1uilfv''