The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1910-01-14

VI CloFh ol Court montgomery accom-
panied by George Salisbury of Grand
Forks and j. G.. Mahon of Inkster
who signed the bond.
Thirteen Counts.
The counts In the Indictment in
which the jury returned a verdict Of
guilty in the Andy Jones case:
Count - Embezzlement in the
!. amount Of 100000.
State H,.t. -.-. "tian of f,,nds IN tho
vy,.... Society ion q, ,,nd. IN
the amount of $30,OUU. 80
Count 13-Misapplication. Certifi-
cate of deposit given to w. G. Mahon
for negotiation, $1,71O.
Count 15-Misapplication. Certifi-
cate OF deposit given to DR.. G. d. Gun.
ningham. Cadotte, Wis, for negotia-
tion. $500.
Count 16-Misapplication. Certifi-
cate OF deposit given to DR.. c. D.. Cum
tnngham for negotiation, $500.
Count 17-Misapplication. Certifi-
cate Of deposit given to Mr.. Holmes
OF Minneapolis. for $500.
Count l9-False entry. Issuing
fictitious note. to P. ]. McClory in the
sum Of $4,000. - WV
Count 20-False entry. Issuing
fictitious note to John Bouye, $1,000.
Count 21-False entry. Issuing
fictitious note TO Frank Athern. 81 ono
Count 22-False entry. Draft from
Osakis bank, credited by Jones to his
own credit, $4,000.
Count 23-False entry. Draft from
Osakis bank, credited by Jones to his
own credit. $4,000.
Count 24-False entry. Draft from
Little Falls. Minn.. bank, credited bv
Jones to his own credit, $4,000.
Judge Instructs Jury.
EVERY seat In the court room was
hlied when court conveney yesterday
morning at ten minutes after 10
o'clock. The counsel for the govern
ment and the defense had completed
their arguments Wednesday afternoon
and 1t was known that the jury would
be charged yesterday. Mr.. Jones was
III his chair. which he has occupied
since the trial began, just behind
Judge Engerud at the attorneys table
at 10 o'clock and his attorneys an
peared a few moments later. As
quickly as the judge mounted to the
bench he began his instructions to the
jury, during which he went carefully
over every aspect of the case and
quoted the law governing the various
charges. His talk occupied an hour
nifty minutes, as long time as it
took both the attorneys in making
their arguments before the Jury We'd.
nesday.
Gentlemen of the jury" he began,
owing to certain defects and for other
reasons several counts of this indict-
ment have been dismissed and are
Withdrawn from your consideration.
Counts four to twelve inclusive and
counts fourteen and eighteen have
oeen dismissed and in the copy of the
indictment which you will take to the
1l 1Nry room with yoN. these coMnta have
been marked on.
Charge Against Jones.
The defendant is charged with en-
bezzlement. misapplication and appro-
priatfon of funds and with making
false entries on The books of the bank.
There is an indispensable element of
these four crimes and although YOU
may find the acts, you cannot find the
defendant guilty OH any of these
counts unless you find an intent to
injure."
Takes Up Separate Acts.
Judge Amidon then took up each
transaction mentioned in the indict-
ment and quoted the law governing
the offense.
~ Is not necessary for the govern
ment to establish the amount in the
nrst three counts of the indictment
charging embezzlement, abstraction
and misapplicati0n of the funds of the
bank. he continued, "any part of the
amount will establish the crime.
The government contends that the
notes were executed by parties unable
to pay any, that Jones knew that the
paper was worthless; yet he placed
the notes into the bank and discounted
them for his own use. The evidence
shows that these notes were discount
ed by various banks, and that the de-
fendant received two drafts for $4,000
and $4,000 respectively, from an
Osakis bank, and one for $6,5OO from
the Little Falls bank in payment for
the discounted notes, the proceeds of
which, except for $1,4OO, went to the
defendants own use.
Contention of Defense.
"The defense contend that the notes
on their face were all made payable
to the First National bank of Rugby,
and were not the property of the bank.
because it had paid nothing for them,
and because that bank had nothing to
do with their inception. Jones sends
out these notes to these banks, stamp
ing the written guarantee of the bank
on the backs of them, and his own
signature as cashier. These banks is
sued in payment drafts and certifi-
Gates of deposit payable to the Rugby
bank. The defendant in order to use
the proceeds, endorsed the paper,
which he put into a Minneapolis bank
and put the credit to his own use.
Do Not Lose Way.
Gentlemen, charge you as a mat
ter of law that the proceeds from
these notes were the property of the
First National bank of Rugby. This
was true, gentlemen, because these
proceeds were received by the banks
guarantee.
"The defendant could not. lawfully
lend to himself for his own personal
use the written guarantee of the bank,
because he held the power to issue it's
guarantee in sacred trust.
stHnntIn,n,4sa ~