The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-01-13

If at this time Jones knew this, tht
entry OF the note among the bills re.
ceivable, was false entry. II Jones
knew 1t was worthless the transaction
was a sham and fictitious, in which
case the entry was false and the charge
established.
with relation to the entry Of SIS, 00t
in connection with Minnesota banks
credit the court held that he did MOI
believe that this entry could have beer
made with the intent of deceiving the
national bank examiner but rather fol
the purpose of deceiving the Minnesota
bank examiner, which could not be con-
sidered an offense."
The Judge charged that the Jury
could find the defendant guilty of all
counts, not guilty of all counts, or
guilty of some and not guilty Of other
counts.
Engerud Makes Exceptions.
Judge Edward Engerud then filed
exceptions to fifteen sections of the
charge, which go on the records for
use should an appeal be taken from the
decision OF this court.
Attorneys Arguments.
In the opening argument Of Asst. u.
S. Dist. Atty. w. Fl. Barnett, each
phase of the transaction as presented
by witnesses was taken up. Every
deal was recalled and revived in the
memory of the purors and no point
was allowed to go unexplained. The
handling of every note was discussed
by the prosecutor, who has conducted
the case throughout.
A vein of satire was evident
throughout in his reference to the
methods Jones employed in building
up "a strong financial institution"
Were these deals made in good
faith by the defendant or were they
used as a means to defraud the bank
and get into the vaults of the insti-
tution?" was one of the questions
firmly impressed on the jury.
Judge Barnett argued for an hour,
following which a recess VIZ allowed
for five minutes.
Purcell Before Jury.
Atty. w. E. Purcell addressed the
jury for the defendant. In opening he
the members with the
sOlemnity of the oath that they had
taken and with the duty they were
Obliged to perform in the trial of this
case. He admonished the members to
recall that they had agreed to set aside
all prejudice, forget the newspaper ac-
counts they had read and the rumors
they had heard from the outside.
The matter of the intent OF the de-
PENDANT was the main feature of the
of Attorney Purcell. That
Andy Jones raised money in Minnesota
for the sole purpose of assisting to
tide over tight" financial places, was
his contention. He went on to show
that had it been Jones' intent to de-
fraud the bank, his manipuIations
could have been unlimited.
1t was the opinion of the defender
that the Ely and McClory notes were
good and he held they should be paid
by the individuals signing them. In
referring to the methods employed in
banking he stated that the money was
thrown together in one heap" and
that when proceeds of note sales were
received, they went into this same
heap, although credited to Jones.
Barnett Closed.
Following the established practice
In the federal court the prosecution
had the closing argument. During
this Judge Barnett made reference to
the expression of the defense that the
bank money was thrown together in
0ne heap" adding that it had been the
habit Of Jones to get to the heap
ahead of everyone else. Following
this it was necessary for Judge Ami
Ion to rap for order.
With the comTletion Of the argu-
nent for the prosecution, an adjourn
nent was announced until 10 o'clock
this morning when the charge of the
court will be given the jury.
For the past forty eight hours
here has been but one topic of con-
Tersation In Fargo. In every hotel
obby, in every cafe, in public and
private offices, in stores, on street
corners and at homes, the Andy Jones
,ase has been the one topic of som
What will be the outcome
If the case in the federal court.
which has attracted the attention OF
not only the c.ltire northwest, but has
held the gaze of flnanciers throughout
he country? This has been the cues
ion asked everywhere. Even the
school children have manifested an
intense interest in the case and not
have groups gathered on
corners to inquire what was doing"
In many respects the parallel OF the
tones case is not in history of the
ederal courts of the United States.
rhe reclxlessness as well as the ap-
parent openess of the transactions of
he man who wrecked the First Ma
ional bank of Rugby and the First
State bank of Barton, has been a
eature of the testimony throughout
he trial
There is lit lie doubt that the Min
lesota bankers who did business with
Zones, were positive they were deal
ng with the millionaire of Rugby"
According 10 Bank Accountant ]. I.
Proctor, of the department of Justice. |
he defalcations will probably never be
Inown. AS expert of the government
lie has made an extended and thorough
examination into the books and but
yesterday he confessed that he had
Tot reached the bottom.
BY those who have attended the ses-
ions of court from day to day, little
comment Is made on what the Jury
nay do. Those who have heard or
cad the least are usually the first to
'ffer a prediction as to what the YER
lict of the jury will likely be.