Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1911-09-21
FOUND NOT GUILTY
I " Kettenbach, Lewiston Bank
er is Exonerated.
Ann. BABB REVIEWS CASE
ab.t Will Government Do With
Confessed Criminals?

In the action brought by the gov
eminent against Frank Kettenbach,
|the lewiston banker, who was charged
-;tb completely in the abstracting Of
sl37 900 from the Lewiston National
Rank, the jury returned a verdict Of
i. ouilty on all five counts. In
making Of the case, Attorney Babb,
rho conducted the defense, had the
following to say:
rIn April, 1911, Frank w. Ketten-
hack was tried at Boise on three in
drtments, two of which charged him
Nth completely with Clarence w.
Robnett in abstracting $4,000
from the lewiston National bank, and
the other Of which charged him with
completely with Robnett in making
hlse entries in the Lewiston National
hank which were made by Robnett
and which covered said shortage. The
government, after introducing evil
dence for about ten days, on closing
Its evidence announced in court that
1t considered its evidence insufficient
10 present to the jury and asked that
The indictments be dismissed, where
upon judgment acquitting Ketten-
hach Of the charges was entered.
"The case was tried by Hon. Carl
s Rasch, United States judge from
Montana, and the government attor-
neys complained that they were
handicapped by certain rulings as to
the admissibility Of evidence.
"Another indictment charging
Frank w. Kettenbach with false re-
ports to the controller had been set for
trial to follow the preceding ones but
the government secured continuance
and the same was reset by Judge
Rasch for September 5, at which time
be expected to return to Boise to try
the same. When September 5 arrived,
however, arrangements had been made
TO try the same before another Judge
and the trial began at the appointed
time before Hon. F. S. Dietrich and
was finished on September Is, wher
the jury returned verdict acquitting
Frank W. Kettenbach on all of the
i've counts in the indictment. On thi.
trial evidence was admitted with NOR.
lberality than at the trial befor,
Judge Rasch and the government hae
no adverse rulings of which it cal
make complaint, and the government
left finally defeated. Some of tn,
Jurymen after the trial stated tina
tney were ready to bring in verdic
y the close Of the governments cas-
Oeiore the defendant had put in am
evidence. After the jury retired, i
s0ems that there were only two of tn
lurymen who entertained any doubt
AND they requested to have the in
uuctlons re-read to them. The in
s1uctlons were very elaborate an,
,ne mere reading of them required al
lour and half. After the instruc
.0ns were reread to the jury in par
.uey retired again and one Of the tw'
uocot.ng jurors Immediately joined IN
majority and n liIlle later they wer
omed ny the other. The Jurors in tn
..ijO,lty stated that they could prob
10y nave brought i'll a verdict with
su' Tue delay Of rereading the instrue
,ous II they had pressed their argu
n.u' with vigor upon the two in th
umollty' but they preferred not t
se and to allow them time for cor
%eatlon and deliberation SO the
ns yn' Independently arrive at th
majority. "
A.. Inc only charges in this last il
uent were one in the first coun
aanlnlng y ]: ing to classification Of deposit
- u the remaining four counts col
H. Sug classification IF paper held b
oenk. 1t was shown that th
o.:s I N the report concerning the d,
I, ~ was founded upon q similar q
~ : an entry in the daily balanc
! 'iom which the information pu
~ - report was taken and the erre
NJ .Se caily balance book was in th
h. alltlng .g Of John E. Chapman, an
bo.r mount =. :, Of the deposit in questio
III ~. !. ~ the daily balance book W.
mo.. A0unt Mt which was inserted in tt
sS;s & The alleged errors in IL
sus;ss ;st!on Of paper were more g,
MAJ out after the government ha
'o showing - to how it elaine