Evening capital news. (Boise, Idaho) 1901-1927, 1912-10-28
O'NE|L TRIAL At
COEuR ALENE| IS
DUE THIS week
Demurrer to Indictments
Overruled by Judge Flynn
Defendant Was Taken
Into Court Saturday.

b. f. O'Neil, under indictment for
embezzling funds Of the defunct State
Bank OF Commerce Of Wallace. Is due
for trial this week at Occur d'Alene.
Judge Flynn has ruled against three Of
the demurrers submitted by O'Neil to
the indictments and has taken the de-
murrer to the two remaining indict-
mcnts under advisement In order to
demur It was necessary to withdraw
the plea Of not guilty Mrs. O'Neii
IL now in Occur d'Alene awaiting the
trial.
When the denurrers were argued
Saturday Mr.. O'Neil was called before
the bench and Judge Flynn asked him
II 1t was. his desire to withdraw, his
plea of not guilty in five Of the indict-
ments and the defendant quietly an
swered that It was.
Later in the day his other part in
the proceedings came when he was
arraigncd following the announcement
by the court that three OF the demur-
rers would be overruled Mr.. ONeil
waived the reading OF the indictments
charging ENHANCEMENT and to each
pleaded not guilty.
Mr.. O'Neil was represented by At
torney r. E. Mcfarland and the state
by Prosecutor James A. Wayne Of
Wallace and Attorney John p. Gray,
who has been hired by the commits
sioners Of Shoshone county to assist
In the prosecution.
The principal point on which the
| courts opinion as to the sufficiency
Of the indictment and the merit of the
1ar IL
the indictment should have stated to
whom the report Of the banks finances
was given. The indictment reads,
making a false report"
IN q ke Indictment Direct"
Attorney Mcfarland held that the
Indictment should be made more d.
rect and certain.
He argued that the mere making Of
false report was not a crime under
the law and that If he had made a
false report and locked it Up in his
desk 1t would rot have been a crime.
Judge Flynn interrupted to ask IL 1t
| would have been a report II 1t had not
been given to some one.
Attorney Mcfarland argued that It
could not be taken for granted that
| the report was made to the bank ex-
aminer any more than to Bradstreet's
| or Dunn or the Exchange National
| bank Of Spokane.
Attorney John Gray said that the in
dictment should not contain every
thing, but just the essential element.
He insisted that If Attorney Mcfarland
had his way the indictment would con-
tain evidence.
In the three indictments charging
embezzlement of $3.50. $5S96.52 and
1915, the argument was briefer. At
torney Mcfarland argued that the in
dictment did not state how the de-
defendant got the money, and from
whom the money was obtained, ex-
cept that 1t belonged to the bank, and
for what 1t was given to the bank.
Larceny, Not Embezziement."
He said that O'Neil was president
Of the bank, and had no actual hand
ling of the money in 1t. He argued
that II the defendant had taken the
money out Of the vault 1t would be
larceny and not embezzlement.
When asked by Attorney Gray for
authorities sustaining his contention,
Attorney Mcfarland said It was "com-
mon sense" and that he knew of no
authorities.
The indictment which was not at
tackled was one charging O'Neil with
receiving deposits the day before the
bank closed. May IL, 1911