The Hartford republican. (Hartford, Ky.) 18??-1926, 1909-02-05
BANK WRECKER'S
CASE GOES UP
Court of Appeals Will Re-
view Trial of Anderson
Exceptions Claim Errow in Refu-
sal to Vacate Bench or Grant
A Change Of Venue.

Everything is now in readiness to
have the case of the commonwealth
against T. s. Anderson the Owensboro
Bank Wrecker convicted of false swear
ing brought before the court of APP
peals. The official report and the
bil of exceptions were filed In circuit
court Saturday and we're sent to the
clerk of the court of appeals at Frank
fort early this week.
The official report by the court
stenographer contains only 126 pages,
the larger portion being devoted to
the witnesses for the state. This is
only the average size, many reports
in civil cases being several times this
size. Besides the report of the trial
the official reports of the testimony
introduced in the hearing for change
of venue In the two charges of en-
bezzlement and knowingly receiving
deposits when he knew the bank to
be insolvent, were also filed and will
be submitted to the court of appeals
for its consideration in reaching a
decision.
The principal grounds alleged for
the granting of the appeal is the re-
fusal of Judge Birldhead to vacate the
bench. The bill of exceptions statys
that the defendant entered a motion
m hHaxta J.t1oa ltrLI,aad x,orua tl1a
bench, but that he refused to do so.
The defendant also asked for a
change of venue, but this was over
ruled and exceptions were taken to
the decision of the court.
Exceptions were also filed against
the courts failure and refusal to
peremptorally instruct the jury to
find for the defendant, on motion Of
fered by his attorneys at the couclu-
sion of the states evidence. The de-
PENDANT also excerpts to the tnstruc-
tions the court gave to the jury,
claiming that they were not in accord
with the tesitmoney and evidences i'm
troduced during the trial.
1t is also claimed that the court
erred in allowing the debt of $685.
000.63, which Anderson owed to the
bank, being submitted TO the jury as
competent evidence. The defendant
claims that the court should not have
let this go TO the jury for consderatio,
and excerpts to such rulings.
The captions also cover the refusal
OF Judge Birlohead to grant a new
trial alleging that the defendant was
entitled TO it according to the evil
dence submitted
These reports were finished sever
al days ago, and were then submitted
10 the attorneys for the defense and
prosecution who went over Them care
fully to discover amy mistakes that
may have crept in. The reports were
submitted 10 Judge Birlbhead Saturday
and after he had examined them he
signed them as judge OF Dhviess coun-
ty circuit court and ordered them
to be transmitted to the court of
appeals.
AS the criminal cases are grant
ed precedence over the civil case.
the case will come up before the
court of appeals in feiw weeks, it
will probably require over thirty days
before the final decision is reached.
Meanwhile t. s. Anderson is still
confined in the county jadl and will
be held there pending the action of
the court of appeals. If the decision
is affirmed he will probably be taken
to the penitentiary a few days latter,
but If 1t is decided in his favor he
will again be admitted to bail. and
win be at liberty. He appears 20
stand his confinement very we'll. sew
eral improvements having BEEN made
In hic calI c,fns,a ha unaks ipcan-cat,a rod