The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1913-02-06
SECOND 0'NE|L TRIAL
PROGRESSING RAPIDLY
CASE is EXPECTED TO GO TO THE
JURY BY SATURDAY NIGHT
OF PRESENT WEEK.

coEUR DALENE, Feb. 9Th,
second trial of Bernard F. O'Neil for.
mer president of the State Bank Of
Commerce, charged with issuing false
statements of the banks condition
has been under way for nearly tive
weeks and will probably be concluded
this week. 1t is proceeding along the
lines followed In the former trial, with
few new features. Judge Robert N
Dunn presides whereas Judge Flynn
was the first trial Judge. The legal
lineup is the same. Robt. E. MacFar-
land represents the defense and John
P. Gray and JAS A. Wayne the prose-
cution. 1t is noted that the prosecut-
ing attorney of Shoshone has not ap-
peared in the case at it's second trial
Few If any new witnesses have been
called, and the prosecution examined
it's witnesses along the same line as
in the first trial. Both sides express
approval in general over the rulings
Of the court on disputed points, al
though Of course there is here and
there an objection made and an ex-
ception noted to the ruling.
Wyman Main Witness.
Edgar S. Wyman. former cashier of
the State Bank, is the principal wit
ness for the prosecution. Tuesday he
was on the stand practically all day
and told and retold the particulars of
making and signing statements of the
banks condition that were prepared
for submission to the state bank ex-
aminer. Within thirty minutes five of
these statements were shown to wy
man who identified each and admitted
that he prepared 1t; that each state
ment was false in a number of it's
items; that he knew it to be false
when he prepared it, and knew he was
swearing to a false statement when
he acknowledged it. Wyman's only
excuse was that he was acting on
O'Neil's advice in making the state
ments show the bank to be in better
condition than it really was.
Donald Arthur, the expert who ex-
amined and reported on the cordi
tion of the banks books, at the in
stance of certain depositors. was also
on the stand Monday and Tuesday.
Frequent disputes arose over the ad
mission Of much of the testimony of
Arthur as evidence, although little of
1t was excluded w. O. Pierce, deputy
state bank examiner and first receiver
for the State Bank Of Commerce, who
was afterward indicted on the charge
of embezzlement is another witness
for the prosecution.
O'NeiI Is Confident.
To his acquaintances and the friends
of former years. Barney O'Neil ap-
pears but little changed. The effects
of year spent in British and Ameri-
can prisons and iails have changed
him but little. He wears the familiar
smile, and has the same old CHEEKY
word Of greeting for all alike. On his
way from Jail to court and court to
jail he is frequently halted by some
friend who imparts word Of cheer,
and good wishes. Many children know
him In Occur d'Alene and they never
fall to greet him cheerily wherever
they see him. Mrs. O'Neil is not pres
ent at the trial, being at their home In
Vancouver. where their son has en-
ployment.
At the county Jail Mr.. ONeil has
visitors, among whose number
has been included the highest officials
Of the state and men of affairs. lie
Is a model prisoner and has been help
full to the sheriff and his assistants in
many ways They are kind to him
DuC SHOW no ldNOIS vi psii Nieti'eS' '''S
Kootenai Jail at this time contains
several prisoners who are talented mu-
sicians and their efforts are directed
each evening to passing away the
tedious hours with choice vocal and
selections
Tuesday morning the routine OF jail
life was broken by an incident that
Mr.. O'Neil recalls with smile bu'
which might have resulted seriously
for him. During the night lumber
lack had been Jailed for a display Of
temper and other actions leading to
The belief that he was insane. He was
surly and "g>ouchy" at breakfast time
nuttering to himself and resenting the /
friendly advances of his fellow prison
IFS. As they sat down at the table
re took offense at the remark OF one |
If the men anci grabbing heavy glass
'negar cruet. hurled 1t with terrific
rorce at the sneaker The latter dodg- |