The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-10-07

AGAAiSSN eoNh ny Ou05S 1IoSSGup, Ii
brief md confined almost wholly to the
question of criminal intent.
The allegation that Juror Palmer was
unduly Influenced is dismissed with a
word. M but little more is wasted in
eliminating the allegation of incon-
sitsency and repugnancy.
No Substantial Error.
$50 long as there is no Inconsistency
in the verdict as to the Substance OF
the matter charged in the various
counts says the opinion, the verdict
will not be disturbed. II the gravaman
of the charge in each count on which
there has been Il verdict Of guilty is
the same, there is a consistency in the
verdict
AS to Juror Palmer. the opinion
reads:
rho record does not show that any
improper influence worked upon the
jury. The return made to the court
was in fact the verdict of 12 jurors.
ward. to impeach his verdict can have
no consideration. This doctrine is we'll
established, II is based upon reason
as we'll as upon authority"
BE- Instructions Are Upheld.
In the instructions given by Judge
Anderson in the trial court. the higher
tribunal finds no error. AS to the lack
of criminal intent the opinion reads:
Under the section 5000 there could
be nc misapplication of bank funds by
officer, which would be innocent and
not criminal. What would show the
difference between Interpretations
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 define his and we think
did fairly define it"
Thirty Days to Appeal.
Counsel for Mr.. Walsh have 80 days
hearing by the court of appeals. Mean
present bonds of $4,000.
The court room was damned with a
crowd. which overlooked into the cor
ridor during the proceedings.
The eleventh hour attempt of the de-
Tense to file additional citations de-
signed to show lack Of criminal intent
came to naught. The matter was taken
under consideration by those concerned
before court opened and a decision
reached that the new arguments would
in no wise alter the opinion as already
written.
WaIsh's Rise and Fall.
The rise and fall of the fortunes of
o r. Walsh, who is now ~ years
of age form an interesting chapter in
the history of Americans who have
risen from obscurity to power.
The three Walsh banks, the Chicago
National. the Equitable Trust company
and the om Savings bank. were
closed by the comptroller Of the cur
rency on December 18, 1905, nearly five
years At that time Walsh not
only owned these institutions and the
tA
nearly all of the stock of the follow
ing companies:
h Acme Gas company, the Bedford
Belt Railway company, the Bedford
Quarries, the Chicago Southern Rail-
way company, the Chicago Wharfing
& Storage company, the Indiana South
ern Coal company, the Illinois South
ern Railway company, the Lake Michi-
gan Car Ferry Transportation COM
pany, the Mount Olive & Stanton Coal
company, the Ohio Quarries company
(of Ohio, the Ohio Quarries company
(of Illinois), the Southern Indiana Coal
company, the Southern Indiana Rail-
way company. the Southern Missouri
Railway company and the Wisconsin &
Michigan Railway company.
According to the brief Of the COM
pany on the appeal all of these COM
pantes were bankrupt or on the verge
of it when bought by Walsh for little
or nothing. The securities were un-
marketable and practically worthless.
Charges Against Walsh.
Then, it is alleged, Walsh formed
from himself, taking in payment stock
of the new corporations and enough of
their bonds to repay himself at their
face valu for the sums he actually
paid for them. In this, way. according
to the prosecution. he obtained for
nothing stocks and bonds to the face
value Of $50, OOO, 900.
Walsh dreamed a great dream of a
railway system to be pieced together
from his scattered purchases which
would reach from the Mississippi to
the Ohio, through Illinois, Indiana,
Wisconsin and Michigan to Duluth.
Mimi, and Superior, Wis. The quar-
ries and coal mines were to furnish
much of the traffic.
To obtain funds Walsh had occurs
to the money in his banks. In cover
ing up these loans it was alleged that
he used memoranda notes signed with
tac.I:Jlnts O.. clerks who ere not con-
suited in the matter. There was moth,
ing on the books to show that Walsh
had received the loans. Even Fred
Biout, the vice president. is said to
have been ignorant on the subject. For
collateral Walsh deposited the securi-
ties Of his various enterprises.
For two years it is charged that
Walsh ignored the demands of the
comptroller Of the currency that he
place his banks OF a firm foundation
and when the crash anne it was dis.
covered that &C per cent Of the Sc.
curities held were those OF Walsh
properties. OF the $25. 900, 900 deposits
SIG, 000, 900 were represented by thu
paper and securities OF the Walsh en-.
%terprises.
Walsh's appeal contended that til,
trial % erred in its rulings in regart
to the showing of criminal intent, cit.
' Ing the case Of the United States vs.
Hubbard In the appellate court