The weekly tribune and the Cape County herald. (Cape Girardeau, Mo.) 1914-1918, 1915-12-31
KACE ACCOUNTS
DOLLY WILCOX
ON z COUNTS
Says State Failed To Prove
Charge Of Embezzlement
Against Him.
LIMITATIONS STATUTE
BECOME OPERATIVE
Circuit Court Docket Shows 3
Cases Pending Against
Him At Jackson.

Mayor Rage yesterday announced
the acquittal of A. D. Dolly" Wilcox,
former cashier Of the Bank of Bloom
field which was wrecked with losses
amounting to about $4,000, who was
tried before him recently on two
charges of cmbc2zlcment for more
than $1,000.
Mayor Kage last night cited three
primary reasons for his decision in the
case. He mailed a notification of the
acquittal to Wilcox yesterday and
that is the only one connected with the
case whom he notified.
Wilcox resides in Bloomfield where
he now is engaged in the moving pic
turc business.
Following his acquittal in the JUS
tee of the Peace Court, it b ecame
known yesterday that three cases have
been placed in the docket of the Cir
cult Court at Jackson against Wilcox.
The warrants upon which Wilcox
was arrested last fall we're issued by
Judge w. H. Willer on the affidavits
of 4 bookkeeper in the Bank Of Bloom
field swearing that Wilcox had en-
bczzled money belonging to the bank
in having checks cashed at the First
National Bank in the Cape.
The three counts totalled more than
$1,000. When the ease cane to trial
before Mayor Kage on a change of
venue, the prosecution withdrew one
of the counts against Wilcox and pro-
cppdcd 70 take testimony on the other
two.
The prosecution was done by Prose
cutting Attorney Hodge of StOddard
County, and Wilcox was defended by
Mozeley and Woody of Bloomfield.
After the trial on November % and %,
a pOstponement of the decision of the
Judge was asked until the attorneys on
both sides could file briefs This was
set foy December Il
The briefs were filed and the Mayor
said yesterday, he made up his mind
last Friday what he was going to do
about the case.
AS his reasons for the acquittal, the
Mayor said that not sufficient evidence
had been introduced in the trial to
prove that Wilcox had performed the
embezzlement acts of which he was
accused.
The testimony was that the Bank of
Bloomfield had no money in the First
National at the time that the checks
were cashed, and anything that was
given to any of its officers through
caShing a check was done in what is
technically known as "the red" and it
simply vas at the banks own risk.
Rage points out that in as much as
the Bank of Bloomfield had no de
post in the First National Bank. there
was no money there to embezzle.
In the third place, the Mayor said
that the statute of limitations had run
on the case, which was the most i'm
portant feature of the case.
According to the statute, the Mayor
said, in a case of this character, an in
formation must be filed by the prose
cutting attorney or an indictment must
be returned within three years after
the time when the crime is supposed to
have been committed.
Rage says that both the information
and the indictment to satisfy the re-
quirements of the law are lacking in
this case. He does not regard the af-
fidavit that the banks bookkeeper filed
in Judge Willer's Court as being suf-
ficient to satisfy the demand for an in
formation.
Unless the proper procedure has
been taken in the Circuit Court, the
Mayor declared, the case against Will
cox is forever ended.
ALVIN X. HARNES MARRIES
MISS ELLIS CHRISTMAS EVE