The Parker post., 1917-10-20
BANK CASES
DISMISSED
FREDERICK M. HALL EX0NER.
ATED BY COUNTY ATTORNEY.
FORGERY CHARGE AGAINST
.-.---.
SPENCE ALSO DISMISSED.

All the Parker bank cases were
disposed Of in the superior court last
Saturday, when County Attorney
Wupperman made a motion to dis
miss the Spence and Hall cases, and
the court acceded to the county at
torney's request.
The county attorney stated that
inasmuch as r. H. Fuller was ac-
quilted ON the previous Thursday. 1t
would be impossible to secure a con-
viction in the other cases. In refer
M. Hall, who was attorney for the
defunct Commercial Bank, the coun-
ty attorney stated that the state had
no case against Mr.. Hall, and in his
remarks exonerated the defendant
from any connection with the banks
failure. He said that Mr.. Hall had
the respect and confidence of the
people Of Parker, and that as a mem
ber Of the Yuma county bar he bore
an excellent reputation. Mr.. Hall
was brought into the case against the
Parker bank officials for the reason
that he temporarily assisted at the
receiving window on the day the
bank failed during the absence of the
cashier.
1t appears that the cases against
Spence and Hall were dismissed at
the request Of the complaining wit
nesses. Charles DERRICK and Walter
Nelson, who. with John F. Collins
and B. B. Brown, called upon the
county attorney ON Friday and stated
that they could see no use in pro-
ceeding further with the prosecu-
tion lof the remaining bank cases In
view Of Fuller's acquittal.
Forgery Charge also Dismissed. :
The forgery charge against O. NJ.
Spence. preferred at the instance of
the local, Justice Of the peace, was
also dismissed In the Yuma justice
court by Judge Smith. after the state
had presented Its side of the case.
The charge was based upon a $4,000
certificate of deposit held by the
Bank Of Jonesboro. Ark, in favor of
Spence Bros. The Arkansas bank
sent the certificate to Mr.. Hewitt,
local Wells-Fargo agent for presenta-
tion to the Adjustment company.
After payment was refused by the
adjustment company Collins was in
structed to secure the certificate
from Mr.. Hewitt and protest its non
payment and return the item to the
Bank Of Jonesboro. Instead Of doing
as he was instructed he sent the cer-
tiacate to the county attorney and
instructed that official that it was q
forgery committed by o. M. Spence,
and asked the county attorney to
swear out complaint against
Spence. Believing that Collins had
sufficient evidence to hold Spence on
a forgery charge, the county attor-
nsy caused Spence's arrest in Yuma,
and he was locked up in the county
jail from Friday until the following
Tuesday, when he was arraigned be-
fore Justice Of the Peace Smith and
his bonds placed at $1,000, which he
furnished.
The preliminary examination was
held Saturday morning, and after
the states witnesses had been exam
ined Attorney Peter T. Robertson,
who was representing Spence at the
hearing, moved for dismissal of the
case. In replying to Mr.. Robertson's
motion for dismissal, Assistant Coun-
ty Attorney Ingraham admitted that
the state had no evidence whatever
that would tend to prove that Spence
signed the name Of Mrs. G.. M. Beck
to the certificate. Mrs. Beck stated
on the stand that she did not sign
the certificate: and that it was not
registered on the books OF the bank.
Mr.. Robertson made the whole
affair clear when he stated that the
charges were the result Of the ignor-
ance Of Collins, who did not know
the difference between the words, pro-
test and prosecute. Therefore acting
under the belief that protest meant
Collins at once started
In to prosecute, which was not the
desire Of the Bank of Jonesboro.
Collins swore on the witness stand
that he had carried out the instruc-
tions Of the Bank of Jonesboro con-
veyed In telegram instructing him
to protest and return" The attor-
usy for the defense Immediately In