Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1911-09-21

the report ought to have been made,
the defense was able to show as MANY
errors in the governments classi6ca-
ton as the government had shown in
the defendants. This result showed
to the jury the possibility of error and
there was no more reason to charge
the defendant with fraudulent intent
in the respect, Of his errors than there
was TO charge the government with
like intent in respect of the errors of
its accountants.
''The government conceded that all
the deposits were reported and that
no more deposits were reported in the
aggregate than the bank had, but con-
tended that they were not properly
classified and the government con-
ceded that all Of the paper of the bank
was reported and that no more was
reported than the bank had, but con-
tended that it was not properly clas-
siied. The defendant had right to
rely upon the acquittal last April as
conclusive of the fact that he was free
from guilt Of taking money and there
fore was free from any motive for
making false reports to the controller,
and on offering the record Of the trial
last spring and the judgment of &C
quittal, the government conceded
there was no ground for assigning to
defendant any motive for false reports
which would exist on account of any
shortage on his part in the bank.
"Without going further into de-
tails, it is apparent from the foregoing
that the governments position in the
case was narrowed down to substan-
tally nothing. The government Of
fered in evidence a number of trans
actions Of the Lewiston National bank
long prior to the time that the de.
fendant was an officer or stockholder
therein. Upon these matters, Of which
there was no evidence, even indirectly
connecting the defendant the prose
cution made its broadest assertions
which, printed in the press without
qualifications or explanation, did q
great injustice to the defendant, but
which at no time had any influence
on the jury, who were acquainted
with all of the evidence in the cast
and saw clearly that the defendant
was in no way connected with o.
made responsible for any such matters
One of these matters was the carrying
bv the Lewiston National bank of
certain paper as gold in the cash book
The entries of the same IN the casl
book were in the handwriting of Johl
E. Chapman and entered long befor
the defendant was an officer or stock
holder in the bank.
"There remains another indictmen
that has not been tried, charging ket
tenbach with conspiracy with Robnet
to take $137, 900 from the bank. Th
government stated last spring tina
they desired to let that indictmen
stand until after the trial which ha
) just been completed and that the
, would probably not want to bring thi
last Indictment to trial, and since tn
! late trial they have confirmed tina
they will probably not want to brin
this last indictment to trial but tina
they will take the matter up Tan
advise definitely soon.
! "The government did not use elthe
Robrett, Chapman or Pickering o
the trial just concluded. 1t is ma
I ter now of interesting speculation t
know what the government is goin
to do with Robnett whose guilt tn
: government has known and confesse
: all the while but who, nevertheless
it has allowed to direct the operation
of the government in prosecutin
: Kettenbach. If the governmer
I abandons this last Indictment, or tr.
0 ing it is unable to convict the defent
g ant there will certainly have been
e very great miscarriage of justice
e having prosecuted the innocent an
; sheltered the guilty