Evening journal., 1914-04-13
KELLY Case now
NEAR Federal JURY
District Attorney Opens
Argument and Will Be
Followed By Mr.. Ball.
CROWD IN COURT
TO HEAR LAWYERS.

The case Of George ID. Kelly, former
rashier Of the Peoples National Bank I
of . Middletown, charged with making
false entries in the books Of the bank
and false reports TO the Comptroller OF
Currency, went TO the Jury in United
States Court this morning after argu-
incnt by counsel for the government and
for the defense and instructions by the
court a. 20 how the evidence should be
treated.
The ease has been one Of the longest
drawn out legal fights for some time
in the United States District Court. II
began on the morning of March 30 and
court sat every day since that time
with the exception OF Sundays, Good
Friday and last Saturday.
Before opening the case District Az
tornev Nicld- had all the books that had
been used as evidence against Mr., kclly
laid out ON long table before the Jury.
lie argued his case from the books
turning to the accounts which the gov
crumcnt alleged were altered.
The statues OF the United States
say that cashier Of a National
Bank who makes entries In the books
Of the bank. with the intent TO de-
ceive the officers Of the bank, or 9th
er persons. or makes false reports To
the Comptroller OF Currency. with in
tent TO deceive. said Mr.. Nields COM
mits an Offense against the united
States and that is what the govern
ment claims MIR. Kelly has done.
Mr. Nields called the attention Of
the jury to the fact that this statue
vas passed for the protection OF the
public. He declared that nearly every
man, woman and child In the state Is
q depOsitor In a bank. and such laws
are solely for their protection.
Mr.. Nields stated that the govern
ment to prove its case had presented
the evidence OF such men as MT.
Lockwood, a national bank examiner;
Mr.. Stockton, an expert accountant;
Mr. Stork, an expert Of the Depart
ment OF Justice. and the employees Of
the bank.
On the other hand. said Mr.
Nields, the defense has only pre-
sented Mr.. Kelly. who testified In his
own behalf. a few character witness
es and those who testified that mis-
Ndhto hdu btoh nnuo al NAVh jain
books.
The District Attorney turned to
General Ledger E, which, he said,
contained the false entries.
"Here are the entries" said MT
Nields. You can put your hand on
them; you can see them; this is the
defendants own book, in his own
handwriting"
Mr. Nields stated TO the jury thai
the defendant admitted his note &C
count was $1S,1OO out, and the not,
account was $500 short
did the defendant, who made thess
incorrect entries know that thel
we're incorrect and untrue? There &
the Issue" said Mr. Nields. He de
clared II was a matter of entire indif
ference as to when he knew how
much the account was short IF hS
knew these accounts were false. o
any amount. then he knew II was false
and made a false entry" said Mr.
Nields.
Did he make them with intent tc
deceive? The law prescribes and Il
has been stated many times, that II h;
know the entries we're false and made
them, II is presumed that he made
them with intent 10 deceive"
Mr.. Nields declared that Mr.. Kelly
was the best witness to establish The
governments case. and he. by his Owl
testimony. established his guilt in th'
mind Of every fair-minded man.
Mr.. Nields took up the indictment
in reverse orders, arguing first th'
note account then the deposit ac
counts and finally item No II, in th'
report 10 the comptroller. He dc
clared the total shortage in the banl
when Mr.. Kelly left II was $23,9O8.97
He called the attention OF the jury I,
the sos shortage when Mr.. Fowler
counted the notes. S2100 shortage.
few months later when counted b.
Mr.. stockton, the count by the direc
tors and the final shortage Of nearl.
$4,000 all in period Of few months
He declared that the defendants onl.
defense was that others had access 4
the notes. He declared that Mr.. kell.
had padded the notes. He spoke o
the money paid back 10 the bank
WAS he paying back what Arr
Fowler, the directors or some othe
officers of the bank took" said Mr.
Nields. No, it's not true, people d.
not do that way" He then read tn
agreement with the bank about tn
: restitution money Of S5.1661S.
/, Mr.. Nields will be followed by ]
i Frank Ball, who will argue in behal
! Of Mr. Kelly.