Evening capital news. (Boise, Idaho) 1901-1927, 1912-09-20
GRAND JURY GIVEN
Instructions IN
DISTRICT COURT
Affairs Of the Boise State
Bank Are to Be Given Air
ing-Other Cases Also
Presented.

SINSuS ny Juu6V DoNA ." 1AAAA
Carthy convened before Judge Davis
this morning. The 16 men responding
were closely questioned by the county
attorney in an effort to ascertain
whether or not there would probably
be any obstacles to their serving as
grand Jurors upon matters to be pre-
scented. The following were sworn to
serve upon the jury:
Harry II. Titus. William J. Mcleod,
Hans J. Roam, Stanley w. Tucker, l..
J.. Baldwin. Wilbur Tate, James Belk,
H. A. Taylor, w. c. canton. d. NJ.
Ragon, George Peninger. ST.. John Pat
tcrson, O. Turley, w T. Creason. M. M.
Webb, w. c. Fenton, George Hurlburt.
Hans J. Roam was appointed foreman
by the court and the Jury thereupon
retired to the jury room TO receive
evidence
The charge of Judge Davis to the
grand jury was lengthy going infinitely
into detail in giving the powers and
authority of such body and as to the
method and manner OF returning In
djctments The portions of the charge
which are believed to relate to matters
which may be brought before the jury
are as follows:
Perjury.
In an Indictment for perjury, or sub
ornation of perjury, 1t is sufficient to
set forth the substance of the contro-
versy or matter in respect to which the
offense was committed, and In what
court and before whom tho oath al
legged to be false was taken. and that
the court, or the person before whom
It was taken, had authority to admin
ali, fo~a of h a
falsity of the matter on which the per-
jury is assigned: but the Indictment
need not set forth the pleadngs, record.
or proceedings with which the oath is
connected, nor the commission or au-
thority of the court or person before
whom the perjury was committed.
Every person who, having taken an
oath that he will testify. declare, de-
pose. or certify truly. before any COM
petent tribunal, officer. or person in
any OF the cases in which such an oath
may by law be administered, wilfully
and contrary to such oath, states as
true any material matter which he
knows to be false, is guilty of perjury.
Bank Officials and Others.
Every officer or employe of any bank
or trust company who shall wilfully
swear or a1llTfl ldlSely upoii any Hid :
terial matter shall be deemed guilty
Of perjury.
In an Indictment for the larceny or
embeZzlement Of money, bank notes,
certificates of stock, or valuable securi-
ties, or for conspiracy to cheat or de-
fraud a person of any such property, 1t
is sufficient to allege the larceny or
embe2zlement or the conspiracy to
I.
bank notes, certificates of stock, or val
liable securities, without specifying the
coin, number, denomination or kind
thereof
Embezzlement is the fraudulent ap-
preparation of property by a person to
whom it has been intrusted
Every officer of this state, or OF any
county, city or other municipal corpor-
alton or subdivision thereof, and every
deputy, clerk or servant of any such
officer, director, trustee. clerk, servant
or agent of any association, society OF
corporation. (public or private) who
fraudulently appropriates to any use OIL
purpose not in the due and lawful exc
cution of his trust, any property which
he has in his possession or under his
control by virtue of his trust, or Sc.
cTeteS IL Will Il intent u dp
propriate it to such use or purpose, /!
guilty of embezZlement.
Every trustee. banker, merchant
broker, attorney. agent, assignee II
trust, executor, administrator or col.
lcctor, or person otherwise intrustet
with, or having in his control, prop.
erty for the use of any other person
who fraudulentIy appropriates it to an,
t.,
lawful execution of his trust, or sec
retes 1t with a fraudulent intent to APP
propriate 1t to such use or purpose, il
guilty Of embezZlement.
Every president, director, cashier
officer. teller, clerk or agent OF an,
bank or trust company who embez
bles, abstracts or wilfully misapplie
any OF the moneys, funds. credits. o
property of the bank or company
when owned by 1t or held in trust. o
who. without authority Of the direc
tors. issues or puts forth any certifi
cate OF deposit, draws any order o
bill Of exchange. makes any accept
ance, assigns any note. bond. draf
bill Of exchange, mortgage, judgmen
or decree, or make any false entire
in any book, report or statement Q
the bank or company. with intent. 1
any case, to injure or defraud tn
bank or any person or corporation. O
to deceive any officer OF tho bank O
company. or any other person, or an
one appointed to examine the affair
of such bank or trust company. or an
person who. with like intent, aids Q
abets any officer. clerk or employe I
the violation Of this law, upon con
viction thereof. shall be imprisoned !
the state prison not to exceed twent
(e0) years.
Any banker. officer. director or EN-
ploye Of any bank or trust compan!
who shall wilfully and knowingl
subscribe to. or make or cause to
made. any false statement or falls
entry on the books Of any bank q
trust company. or shall knowingly
or exhibit false papers, with the al
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