Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1909-12-15

/ tween said dates and said Calvert
! Srensley and said Charles McIlhou
were each of them, personally and in
diyidually. indebted to said associa
ton; that the repayment of the said
sums TO the banking association was
not secured by means of which it is
alleged that the bank was wilfully de
f~auded out of s13,S33.S5.
Hanscom, who committed suicide
on the grave of his mother after the
closing of the bank. is brought into
the conspiracy in the seventh count,
where it is alleged that he, acting as
cashier and aided and abetted by
Spensley, did. by reason of his official
position as cashier of the bank and
by virtue Of his power and control
over its funds. pay and cause to be
paid to divers persons upon the
checks drawn by Spensley under the
arm name of Spensley & McIlhon, the
total amount of S13,sS3,S5 referred to
in the previous count 1t is charged
that Hanseom in this transaction was
aiding and abetting Spensley in wilfuI,
~ and fraudulently misapplying the
funds of the bank.
In the eighth count Spensley is
charged with writing the checks Tor
SlS,SSS,S5 on behalf of the co-parmer'
ship of Spensley & McIlhon when he
knew full well that at no time during
this period did the firm or either OF
the partners have money credited to
them in the bank TO meet the checks,
and when as a matter of fact the firm
and each OF them was indebted to the
bsnk and that thereby the bank was
defrauded out of this sur.
The ninth count alleges that on
February 1907, Spensley aided and
abetted Hanscom as cashier TO mis-.
apply $264.07 OF the funds of the
bank. which was drawn out upon a
check made out in the name OF Spens-
ley & McIlhon aud signed by Spens.
ley when the firm did not have this
amount on deposit, and that the
amount was never paid back and the
bank was defrauded OF the sum.
In the tenth count Spensiey is
charged with having induced and aid
ed and abetted Allen in permitting the
payment of the amount named in the
previous count when both of them
knew that the co.partnership had no
funds on deposit in the bank.
The eleventh count alleges that
Spensley on March Il, 1908, aided and
abetted Allen in misapplying $217.0S
of the funds of the bank, which was
paid out on a check signed by Spens-
ley, drawn in behalf of the law firm
of Spensley & McIlhon when the co.
partnership had no funds on deposit.
In the twelfth count II Is charged
that Spensley also conspired with
Hanscom in this same transaction, to
permit with the diverting Of the sum
named from the funds OF the bank,
and that the amount was never paid
back.
The thirteenth count accuses Spens'
! ley of writing this fraudulent check
for $2l7.0S.
! ,Anothei phase of the conspiracy al
4 legged in the fourteenth count, IN
which 1t is charged that Spensles
drew mp and signed on behalf of tn,
firm of spensley & McIlhon a cheel
fG $l,9S5, dated December 20, 1907
authorizing the bank TO pay 10 the or
der of Allen, guardian ofaM. f. Kenne
dy heirs, the sum named in the check
ard that said Allen caused the sum L
be paid to himself this amount, where
as in fact 10th of them knew that th'
firm of spensley h Mcllhon had nj
/ a:o:.vy on deposit at that time.
In the fifteenth count 1t Ia charged
that Spensley aided and abetted b!
Hanscom, secured the payment of thil
alleged fraudulent check for $1,9S5 on
| of the funds of the bank, to Allen
who in turn paid the money to per
son or persons unknown to the gran'
jury.
The sixteenth count accuses Spens
ley of aiding and abetting Hanscon
10 misapply S7629 OF the funds of tn
bank, which sum, IL is alleged. wa
paid out on February s, 1907, to tn
Northwestern Mutual Life INSURANCE
company, upon the authorization OF
check signed by Spensley and draw
on behalf of the firm OF Spenslcy
McIihon. when at that time the &C
partnership had no money on deposi
the bank.
In tho seventeenth count Spensle
is charged with involving Allen Il
the same transaction, securing his al
in permitting the funds to be draw
out when the firm had no mon : =
its credit In the institution.
The eighteenth count charges Spens
ley with aiding and abetting Allen b
fraudulepny divert from the bank
funds the sum Of sl,4S5.76 on Ianuar
Z, 1907, VIII CHI amount was paid out o.
cheek signed by Spensley and draw
on behalf of his firm, to the order q
the Northwestern Mutual Life Insul
ance company. whereas the firm ha