Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1912-02-16
'nAvllL| IS CONVICTED.
Application for New Trial
Will Be Heard March


doors on Augukt 4. last, was found
guilty of having accepted deposit Of
$500 from Knuth Fl. Gundei son on that
bank to be insolv ent by the jury Tues
day evening ct Gals O'Clock. after 1T
had deliberated on the case four hours
and forty minutes. The case had &C.
cupied the attention of the district
court during the past two weeks.
It Is understood that the first ballot
of the jury was 6 to 6, then = to for
conviction, 9 to and IL to l, verdict
being finally agreed on on the fifth
ballot.
A large number of Mr.. Havill's st.
Cloud friends we're assem- bled in the
court room 10 hear tue jury's verdict.
The convicted banker appeared be-
fore Judge Taylor shortly after one
o'clock Wednesday, and through his
counsel, asked for new trial. The
arguments will be heard the, second
Monday IN March, until which time
the passing of sentence has been de-
ferred. In the meantime Mr.. Havill
will he out on 81, 600 bonds.
The taFing of evidence was COM
pleted Saturday morning shortly before
noon, after which adjournment was
taken to Tuesday morning. at which
time court resumed sessions.
Upon motion Of the defense that the
considering of eight to nine notes., the
value of which had been questioned by
the prosecution, be taken from the
jury on the grounds that they h~d
been proven to be worth their face
value, arguments were beard by the
court on both sides of the question
during the first part of the morning
session, the court finally ruling that
three of the notes, aggregatlng $4,000,
be withheld from the jury's consider
alton as follows: Note of Northern
Securities & Investment company,
81, 500. on grounds that it was secured;
note of Nj. H. HaviIl, 81, 500 on
grounds that enough property had
Teen shown to pay for 1T; and note of
Henry Roos $1,000 on the same grounds.
o. H. Havill, the defendant, was
placed on the witness stand Thursday
afternoon of last week and for nearly
two entire days session testified in his
own behalf and received a griiling
cross.examiDation at the hands ..of the
state attorney, A. j. Edgerton.
After going over his history in busi-
ness matters and especially in the
banking business, defendant testified
that al papers found IN the. Bowlas
institution at the time Of altas closing,
outside of tho II. j. Schwartz and
Jessie Schwartz notes, we're perfectly
GOOD, and that the makers of these
were also good but slightly slow in
paying. He had not much to do with
the Royalton bank or Armstrong I'm
plement company of Royalton, but
that he had gone to the Bowlus branch
OF the implement company, and con-
sidered the companv's paper good.
He placed the value of bis wife's sum.
mer cottage at from 81, 500 to $1,000.
and admitted that she had not got any
OF tho money tbat had been raised on
the note for 81, 500 and that her note
instead of his own had been put in the
Bowlus tank for the loan in order to
avoid criticism on the part of the bank
examiners office. He gave no testi-
mony as to his own note for 81 1,0O0
found in the bank or as to the value of
lis own property.
Mr. .Havill testified that the reason