Pine Bluff daily graphic., 1910-05-04
QUARTERM0US
 TO GO FREE Supreme Court Finds h. dictment Against Form CT Cashier Defective.
OMITTED VITAL TERM
Did Not AlIege 'Falsely Altering of Entry"-Eyidence Insuffi-
 cient.

Little Rock, Ark, April 3.-In grant, ing a rehearing in the case of Frank Ouartermous former cashier of the Bank of Humphrey, and who was con- yicted on the charge of making changes in the bank records, contrary 10 the law against false entries, the supreme court Monday reversed the case and remanded it. with instruc- tions to the lower court to sustain the demurrer of Quartermous to the in- dictment.
 The case was heard some months ago in the supreme court and the sen- tence of the lower court affirmed, the sentence being three years imprison- ment in the penitentiary. On rehear- ing the counsel for Quertermous rais- ed the point that the original indict- 7nent was defective in not alleging that the entries were falsely" made. The supreme court holds that this point is we'll raised, and that as it was not drought out in the appellants brief in the former case and was overlooked Ey the supreme court at the time, it is not improper for it to be raised on a letition for rehearing. The bar against introducing new matter in a petition fer rehearing does not operate in fel- eny cases.
 On this new point, which the court holds is very important one, the case is reversed It is pointed out that the original indictment merely stated that the entries had ben "fel- oniously' changed, and that nowhere did the precise or certain language of the statute that of falsely altering any entry", occur This latter lan- guage, says the court means much more than the language used in the iodictment against Quertermous, and that, in the absence of it's use by tha grand jury, the court cannot take it for granted that it was intended to be Csed or that the indictment is to be construed as embodying such language Nothing can be taken by intendment; the language must be interpreted in accordance with it's usual meaning, and no stronger against the defend- ant.
 Doubts Sufficfency of Facts.
 Judge Wood also doubts the suffi- oiency of the evidence against Quer- termous, and does not believe that un- Ger the statute out of which grew the indictment the verdict should stand.
 Two members of the court, how ever, dissented from the decision on rehearing. They are Chief Justice McCulloch and Associate Justice Frau enthal. They are of the opinion that the language of the indictment is in keeping with the statute, when taken m connection with the allegation that the changes were made "feloniously."
 History of the Case.
 frank Quertermous, for many years cashier of the Bank of Humphrey, in Arkansas county was indicted on the charge of violating the statute against 1alsifying entries. It was alleged that re had received for deposit the sum ol $2'272 from County Treasurer Jos eph Ireland of Humphrey had become irsolvent and that, later, following a number of transactions, the books showed that the account of Treasurer ireland had been discharged, when, in fact, the bank was still indebted to the treasurer in the sum of about $750. These entries were accredited to Quer- termous as cashier.
 The facts at the trial tended to in- olcate that about the time the deposit hom the county treasurer was accept ed Quertermous gave Ireland deed to some valuable property for consid- eratlon of $2 900. It appeared, fur tner' that the deed was not absolute, nut rather a guarantee to Ireland ssainst loss on the deposit, with the "naerstanding that when the land was sold any balance in excess of the face of the deposit, $2,272, should be, re- paid to Quertermous.
 subsequently, the land was sold by Ireland at figure which netted aoout $1,50o. and at the time of the auditing of the banks accounts was SUI due the county treasurer, al. ehough, according to the indictment asainst Quertermous, the records o1 tue bank showed that the account had teen discharged in full.
 witnesses testified that the value o1 'pe property transferred to Ireland sas at least $4,ooo at the time of the Y Iansfor more than enough to meet the colisation of the bank to the count,
 0asurer This was set up in favor