Evening journal., 1914-04-15
w. KELLY FOUND
GUILTY, Counsel
ASKS new TRIAL
contlnued from Flrst Page.


whispered conversation with Mr.. Ball
and a few minutes later he and his
relatives went into the jury room for
a conference and leave taking.
The marshal stated this morning
that he could not say when Mr.. Kelly
would be taken TO the workhouse or
that he would take him there. He
said he would allow Mr.. Kelly 10 re-
main In the postOffice all day with
his relatives. II he desired TO do so.
After listening to a plea for con-
victiOn by United States District At
torney John =. Nields and 10 a
lengthy charge by Judge Bradford.
the jury I'm the case retired "A few
minutes after o'clock yesterday af-
tornoOr
At 10 o'clock last night. after being
out seven hours. the jury had not
reached a verdict. Judge Bradford,
who had remained In his chambers
up 10 that time, ordered the twelve
men locked up for the night, and left
for his home.
In his charge TO the jury, Judge
Bradford reviewed the allegations OF
the indictment, stating the meaning
of the different counts and explaining
them.
"In order TO warrant conviction
of the defendant under all or any
OF the counts of the indictment nov
remaining Open," said the Court, "all
of the essential ingredients OF the
onense or ofenses therein charged
must have been established 10 your
satisfaction beyond a reasonable
"a f.aNI do
any given count remaining open for
your consideration, Il must appear
to your satisfaction that the defen-
dant was the cashier OF a national
bank, namely. The Peoples National
Bank of MiddletOwn, located at Mid
dletown, In this district, and that
while such cashier he made a false
entry In a report of the bank to the
comptroller of the currency OF IN a
book OF the bank as therein charged.
namely, General Ledger 10, and fur
ther. that the defendant at the time
knew Of the falsity OF such entry
and made II with intent to deceive as
therein charged"
Judge Bradford referred 10 the law
on presumption of innocence and rea-
sonable doubt and touched upon the
character witnesses of the defense,
telling the jury the character OF the
defendant was 10 be considered by
them, but the mere possession OF good
character would not render the person
possessing II incapable of committing
crime involving dishonesty or in
tegrity.
After referring 10 the credence 10 be
given TO the testimony OF the defen-
dant and telling the jury that the de-
fendant could not be convicted for
any act not alleged in the indictment.
Judge Bradford said:
IF the defendant wilfully made an
untrue entry knowing at the time
that Il was untrue, he made a false
entry, and II he made a false entry
in the books Of the bank, or In the
reports TO the comptroller, as charg-
cd, the question IS whether he did
or did not thereby intend TO deceive
Is Il or not reasonable OF probable
that one should make such false en-
try without an intent to deceive? And
n he did so intend, TO deceive whom
II a false entry was made by him
in report 20 the comptroller was
Il OF not made with intent to de-
coive the comptroller or. II not the
comptroller. some examiner or agent
appointed by the comptroller 10 in
I vestlgate the affairs of the bank? II
you find that he made a false entry
Ia the books of the bank. the Ques-
tion Is whether or not Il was made
with the intent 20 deceive the prcsi.
dent and directors of the bank a.
we'll as a bank examiner or ans
agent appointed by the comptroller
OF the currency 10 examine into the
financial condition of the bank. II
you should conclude from tho ovi.
denco that discrepancies I'm the fig
ures Of the defendant. as charged II
the indictment, we're not the result
OF an evil or unlawful intent on hi
part but were solely the result o.
mere mistake or clerical error. No
criminal responsibility would attacl
10 him.
But II those discrepancies were no
the result OF mere mistake OF clerica
error. but. on the contrary were in
teruonally and purp0sely made b.
the defendant, then an impOrtan
question is for what purpose did h
J make them. Did he make thom f.
a legitimate purpose OF .Or the pIr
pose G.: deceiying? Th1 intent 4
deceive may be inferred from "a
false entry itself ia the absence G
explanation. The law presumes tina
man intends the natural and prol
able consequence OF a false entry
a book or a report Of the bank is I
deceive the comptroller. an examined
OF the officers of the bank. you ar
authorized 20 presume Il was mad
! with that intent. The fact. II fact
be. that the president and director
Of the bank did not investigate Il
affairs as often and as thoroughly a
n lis claimed would have been prope
} OF that committees of the board ha
; reported on two occasions that O
examination they found the account
of the bank satisfactory. OF that ban
examiners had been negligent or care
/ less IN the discharge Of their dutie
should not be treated by you as
and BY itself conclusive. This prose
cution Is not against the president
directors. committees so reporting
bank examiners OF officials OF IN
bank other than the defendant Kel
ly. And the court instructs you tina
no negligence on the part of the pres
ident. directors of the bank. any com
mittee thereof. or any bank examine
could. II It existed. afford the defen
dant justification for making a falls
entry II he made one. In the book
OF the bank or In the reports 10 IN
comptroller OF the currency with IN
tent TO deceive, as charged IN the In