The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-10-05
John r. Walsh.

Counsel for Mr.. Walsh in their ap-
zeal laid stress on what they alleged
was a lack of criminal intent on the
part of the defendant. In the very
lengthy brief which they fled much
law was quoted to show that the con-
victed banker used the funds of the
bank in what he considered a legiti-
mate manner.
The opinion of the court of appeals.
written by Judge Humphrey and hand
ed down by Judge Grosscup' is brief
ard condEed almost wholly to the
question Of criminal intent. The al
legation that Juror Palmer was un-
duly Influenced is dismissed with a
word and but little more is wasted in
eliminating the allegation of inconsist-
ercy in the verdict as to the sub
stance of the matter charged in the
various counts, says the opinion, 'the
verdict VIII not be disturbed. If the
,yraVamen of the charge in eacn count
On which there has been verdict of
guilty is the same, there is consistency
in the verdict"
AS to Palmer.
AS to Juror Palmer the opinion reads:
The record does not show that any
improper influence worked upon the
jury. The return made to the court
was in fact the verdict of IL jurors.
G'he attempt by one of them afterwards
to impeach his verdict can have no
consideration. This decision is we'll es-
tabnshed and is based upon reason as
we'll as upon authority"
In the instructions given the jury by
Judge anderson in the trial court the
higher tribunal finds no error. AS to
the lack OF criminal intent the opinion
reads:
Under section 520s there could be
misapplication of bank funds by an Of
hcer, which would he innocent and not
criminal and there could be nlisappli-
cation which under the statutes would
be criminal What would show the diff
ference between misapplications which
were criminal and those which were
not what would show innocence or
guilt, good faith or bad faith, the court
sought by instruction carefully to de-
fine and we think did fairly define"
Counsel for Mr.. Walsh have 80 days
in which to file an application for a re-
hearing by the court of appeals. Mean
while he will be at liberty under his
present bonds of $4,000.
F.. Walsh was convicted nearly two years
ago of misapplication of the funds of
his bank and sentenced to five years
in the federal prison at F't. Leaven-
worth.
His Rise and Fall
The rise and fall of the fortunes of
John r. Walsh, who is now II years
of age, forms an interesting chapter
in the history of Americans, who have ,
risen from obscurity to power.
The three Walsh banks-the Chi
cago National. the Equitable Trust
bank were closed by the comptroller
of the currency on December IS, 1905,
nearly four years ago. At that time
Walsh not only owned these institu-
tions and the Chicago Chronicle, but
owned all or nearly all of the stock of !
the following companies:
The Acme Gas company; the Bed
ford Belt Railway company, the Bed
ford quarries company; the Chicago
Southern Railway company, the Chi !
cago Wharfing and Storage company;
the Indiana Southern Coal company;
the Illinois Southern Railway COM
pany, the Lake Michigan Car Ferry
Transportation company; the Mount
Olive and Stanton Coal company; the
Ohio Quarries company, of Ohio: the
Ohio Quarries company, of Illinois;
the Southern Indiana Coal company; /
the Southern Indiana Railway COM
pany; the Southern Missouri Railway +
company and the Wisconsin and |
Michigan Railway company
Bought Them at Low Price.
According to the brief of the gov
ernment on the appeal, all of these |
companies were bankrupt or on the |
verge of it, when bought by Walsh !
for little or nothing. Their securities |
were unmarketable and practically |
worthless.
Then, it is alleged, Walsh formed /
corporations to buy these companies |
from himself taking in payment stock |
of the new corporations and enough of
their bonds to repay himself at their
face value for the sums he actually |