The San Francisco call., 1909-11-02
PUzzl|NG DELAY
IN JAI[|NG BANKER
Failure to Arrest Prather or to
Show Indictment Against
English Causes Gossip

OAKLAND, Nov. 1.--Why has not
ThomasN Prather, former president of
the Union National bank. been arrested
as the result of the indictments that
the federal grand jury brought against
him last week? And why is it that the
indictments gafnst Prather and former
Congressman Warren B. English. are.
still on the secret file?
These questions have been asked fire.
quently in Oakland ever since the news
was given out that the pair had been.
indicted for. their alleged violation of:
the national banking laws in the Union
National bank. Prather has not been
in hiding. His attorney. Milton S.
Hamilton, has gone to San Francisco
repeatedly to try to bring matters TO q
head. Prather could be notified of the
charge against him with no delay, and
could be taken into custody ait once.
but no move in this direction has been
made against him by the United States
marshal. in spite of the fact that the
indictment was returned against Pra-
ther as long ago as ,ast Friday:
CHARGES MAY BE OUTLAWED
Speculation among these familiar
with the AFFAIRS of the Union National
bank has developed the theory that the
indictments against Prather and Eng.
lish may be defective. The statute
of limitations, 1T is iiinted, has got in
it's work. and the charge that Pra ther
made dummy leans while acting as
president of the bank and that Eng
lish acted as one of the dummies,:is
outlawed..
Attorney Darwin de Goiia was in
dicted at the same time as the other
two Oakianders, the charge against
him being that he used the United
States mails for fraudulent purposes.
The indictment against him was re-
turned Friday, with those against Rra-
ther and English. De Cola WAS placed
under arrest Saturday Prather was
not, although he was in Oakland, and
no attempt has. been. made to. haul
him to jail. J.. - -.
Attorney Hamilton has spent most of
his time since Saturday in San, Fran
cisco, trying to find out officially tile
exact nature of the charge against
Prather. He has been entirely unsuc-
eessful, he declares. j: He visited the
federal court again today and returned
the indictments, or to discover the
cause for the delay in serving them.
DELAY PUZZLES LAWYER .: ~
so far as Il could ascertain after
visiting the city today there has been
no change in the, situation since Satur-
day he said.
"Mr Prather has not been served
with official notice that he is under In
dictment and no move has. been. made
in that direction of which have heard.
do not know why there has: been such
delay" s.s
Frank L.. Rawson and James p.
Montgomery, attorneys, today called a
meeting of the depesitors of the Union
National bank for the purpose of fore
ing Receiver II. n. Morris to make: a
settlement, or at least to issue a state
ment of the banks affairs. They de-
clared that they had been unable,
though depositors of the institution, to
obtain any satisfaction from Morris.
The latter said tonight that every one
entitled TO information as to the con-
dition of the Union National bank
could get 1t from him. He said also
that he had always given. such inforlna-
tion, and could not remember ever hav-
ing been asked by either Montgomery
or Rawson as to:@the banks affairs.
They are depositors in the defunct
bank