The Parker post., 1917-07-28
ACCUSED ARE
BOUND OVER
COMMERCIAL BANK OFFICIALS
CHARGED WITH RECEIVING
DEPOSITS AFTER THEY KNEW
BANK WAS INSOLVEN-.

anu ECU0Tlch M. t1dil, CHdTS-
ing each of the defendants with re-
ceiving deposits for the Commercial
Bank, knowing that such bank was
insolvent at the time the deposits
were rendered The complaining
witnesses were Walter Nelson and
Charles DERRICK
The preliminary examination of
Messrs Spence and Hall was held at
4 o'clock the same day. The COM
plaint was not served on Mr.. Fuller
until Monday, in Phoenix, where he
has been seriously i'll for the past
few weeks Mr. Fuller's prelimin-
ary examination has not as yet been
held owing to his illness.
County Attorney Wupperman was
in town Saturday and it was at his
instance that the complaints were
issued. The only evidence presented
by the county attorney at the pre-
liminary hearing in proof of the
banks insolvency was an unpaid
check issued by Walter Nelson, and
a letter from the Valley Bank of
Phoenix, stating that the check was
sent from that bank to the CONNER
cial Bank on June 6, and later re-
turned by the bank examiner unpaid
AS the bank closed on the 18th of
June the prosecuting attorney con-
tended at the hearing that the fact
that the Nelson check was not paid
was sufficient proof that the bank
was insolvent on that date
Chas. Detrick, w. w. Dunbar, Mrs.
Moll and Walter Nelson testified that
each of them made deposits on June
18th.
The defendants contended that the
solvency or insolvency of the bank
was matter of fact, and that in
the absence of the books and records
Of the bank the county attorneys s
contention of insolvency could not
be sustained
Mrs. Gladys Beck testified that as
an emplOye of the bank and so far as
she knew of the books the bank was
solvent, although she admitted that
on June II the bank was short on
currency, and that the currency
sent for to Phoenix bank did not
arrive until the following morning.
The bank closed, she said, because a
run was threatened the following
day.
o. M. Spence contended that he
was outside of the state on the date
the bank closed, and for several
weeks previous to it's closing. The
county attorney quoted Paragraph
27 of the Criminal Code, which pro-
vides that all persons who advise
and encourage the commission of a
crime, even though not present, are
principals in any crime so commit
ted. However, there was no evil
dence offered by the prosecution
showing that Spence encouraged or
advised the taking of. deposits as
charged in the complaints.
Mr.. Hall stated that on June II
he assisted at the window while Mr..
Fuller was away on bank business;
that it was the first time he did so
since Mr., Fuller had been cashier
of the bank, and that so far as he
knew the books showed the bank to
be solvent when they were last bal
anced.
At the conclusion of the hearing
the local justice of the peace stated
that after hearing the report of the
banks condition as read by Mr.. Wolf
of Phoenix at meeting of the de-
positors the previous Monday even
ing, (which made the cold chills
run down my back" he was con-
vinced that the banks affairs were
in very bad condition. The |. j. D.
further stated that he would
bind over the defendants for trial
before the superior court, where
legal talent greater than he possess
ed would decide their guilt or in
nocence, and that if the defendants
were innocent they would be dis
: charged.
Bonds for Mr.. Spence were set at
$4,000, and Mr.. Hall at $1,000, at
the dictation of the county attorney.
These bonds, the defendants con-
tended, we're excessive, and out Of
all reason for the offense charged.
Later, with the consent Of the county
attorney, the court placed the bonds