Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1908-02-20

On the HSN JAIN bulluAuSs ali vi
which were perfectly legitimate, and
all of which we were entitled to
make, in order to protect the inter-
est of the bank and it's property.
The report of the Grand Jury is
unquestionsbly an attack upon the
writer, as that body apparently only
Investigated the condition of the
Tonopah agency, and l am the act
ing cashier of this agency They
have quoted Section 364 of the Ses-
sion Laws of 1907, which reads:
No director or officer of any bank
ing corporation shall become endor-
sers or sureties for loans for others,
or in any manner become obligor for
moneys borrowed of or loaned by
such corporations. The insinuation
intended by quoting this section Is
that l am guilty of violating this
act. The Grand Jury we'll knows,
and the committee that prepared
such report, that there is absolutely
no evidence tending to show that |
have ever violated such act.
They again quote Section 10 of the
same act, which states that no officer
of the bank shall borrow money ex-
cept upon sufficient security approx
ed by the Board of Directors of the
bank. This is also a malicious in
situation that | have violated such
Section of the statute. The commit
tee who drafted such report to the
Grand Jury know that there is abso-
lutely no evidence whatever of any
violation on my part of such section.
Not only is there no evidence of such
violation, but | positively deny that
have ever violated such sections,
and challenge the Grand Jury or any
member of it to point to single
scintilla of evidence.
The only other section of the stat
ute that is quoted as having been
violated is that portion of an act
constituting the offense of embezzle-
n.ent for cashier or officer of a
hank to accept deposits at time
knowing that said bank is insolvent.
The Grand Jury stated: AS to the
violation of this criminal statute, we
beg leave to submit that evidence is
before this body, incomplete in it
self, but sufficient for this body to
declare by it's voice that crime has
hecn committed and that that crime
is embeZzlement in that deposits,
without question, were received on
the 22d day of October, 1907, and
that the officers of the State Bank
and Trust Company well knew that
that bank was insolvent and in a
falling condition on that date" The
Grand Jury does not state that the
officers of the Tonopah agency were
aware of the insolvency of the bank
at that date, and they may not there
fore intend to refer to the writer;
out if they did not intend to refer
to the writer, in all justice they
should have made their language
more definite and certain. If it did
Intend to refer to the writer. the
writer has only this to say: he is
not the cashier OF the State Bank
and Trust Company, but is only the
assistant cashier in charge of the
agency at Tonopah, Nevada. He has
no authority by virtue of his Office
to examine the books or accounts of
any of the other agencies except
those at Manhattan and Blair, and
has no authority to examine the con-
dition of the principal bank at Car
son City, and therefore he could not
have such knowledge. If the Grand
Jury intended to refer to the writer,
then they have either wilfully and
| falsely libeled him or they have vio-
lated their oaths as Grand Jurors of
| Nye county in failing to indict him
cient evidence before them to declare
that the crime of embezzlement has
been committed, then, they must
know who committed it. If they in
tended to refer to the undersigned
What excuse have they for not in
dieting him? \ man indicted by a
Grand Jury is presumed to be limo.
cent until he is proven guilty, and al
Least has IAN opportunity of proving
hot the charges made against him
are false and without foundation
while IN cases of attacks by officia
bodies through the newspaper col
nmns. the person charged has n,
way 10 defend his nane and his rel
u.a.ion against such cowardly a"
tioas
T.. II. CT SHMAN.
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