Free trader-journal. (Ottawa, Ill.) 1916-1920, 1918-04-18
CONVICTIONS Of TWO
T0N|CA BANKERS.
ENDS LONG FIGHT
SUPREME COURT AFFIRMATION
OF LOWER COURT CLOSES ONE
or LONGEST AND HARDEST
FOUGHT CRIMINAL CASES IN
couNTY'S HISTORY.


Court yesterday is the end, (unlcss a
rehearing is granted) OF one of tho
most famous and hard fought legal
battles in the criminal court that has
ever taken place in this county.
The indictments against John i.
liartenbower and George d. liilta.
brand were for receiving deposits IA
bankers at Il time when they were
ins0lvent ana knew themselves to be.
and grew out of the wrecking of the
Tonica Exchange Bank which closed
its doors November nth. 1913 having
liabilities of more than five hundred
thousand dollars on which the credl
tors have received less than ten per
cent OF the amounts of their claims.
The deposits of the bank were un.
usually large for country bank and
many OF the depositors lost all their
means in the failure and in many in
stances II created great hardship. In
June of 1914 grand jury returned
over one hundred indictments against
them. The particular indictment on
which they were tried was FOR receiv,
ing deposit OF $1,000 from Bert
Phelps on November 18th. 1913. They
were put on trial January 18th, 1916
before the Honorable Samuel e,
Slough and jury. The trial lasted
nearly five weeks and attracted large
crowds each day and on some days
the court room was packed. Some OF
the depositors Of the bank attending
every session of court. The jury
rendered their verdict on February
18th. 1916 finding the defendants
guilty land flnciug them $l2S.cO each
double the amount of Phelps deposit
and fixing their term in the peniten-
tiary at three years, While the
punishment may appear to the bank
dep0sitors as light for the wrong
done 1t is the limit that the statute
prescribes for the Oifense. A motion
for new trial was over.ruled and
Judgment was rendered on the verdict
aud the defendants were sentenced
by Judge Slough TO the penltentiary
for three years. Up to the present
time they have avoided the SERVING
OF their sentence by appeals K
higher courts but they have nov
reached the end and will soon have
TO begin serving their time at Joliet
The Judgment of the circuit court
was affirmed in the Appellate Court
August It'll, 1917 and affirmed in the
Supreme Court yesterday, The sue
cessful prosecution Of this case
through all the courts is II great vic
tory for the office Of George S. Wiley
States Attorney who was ably as
sisted ali through the trial of Il
case by Lee O'Neil Browne, It was a
case in which all of the people OF
the county of La Sale were vitality
interested and they certainly feel that
the interests of the peoDle Of this
county were thoroughly cared for by
the States Attorneys office The
defendants were represented by sucl
able lawyers as Henry NJ. Kelly. Al
bert T.. Buffers and Woodward X
Hubs all of Ottawa and Ray II. Lane
Of Chicago and they fought every
inch Of the legal ground aud dd all
that could be done for their clients
Every material allegation Of the III
dictmcnt was attacked and the rec
ord OF the case contained over Tour
thousand pages and 1t would not nave
been strange II in trial OF thal
magnitude there had been some et
rors committed; while the opinion OF
the Supreme Court in full has not
reached US there decision shows the!
have held that there were no errors
committed in the trial sufficient tc
change the verdict Of the jury Th''
is the first time in great many years
that men of such prominence and OF
such high social standing in the com
munity have been sent to the peni
tertiary from this county. but ever
that aud the efforts Of their c0unse
was unable to save them from pun
ishment for their crime.
This is only the second case which
has been taken to the higher courts
in the five and one.half years than
Wiley has been States Attorney, the
other being on branch of the Blact
Hollow Murder case in which th(
sentence OF the defendants to the
penitentiary for life was affirmed ant
for that reason he and Mr. Browne
feel pleased that their efforts in this
case resulted in success and while
they are not elated over the punish
ment OF any man they feel that jus
tice demanded the punishment o.
lIartenbower and Hltabrand. Franz
Il. Richey who was appointed trustee
IN bankruptcy for the defendants to
gethcr with q committee OF the dc
postors rendered great assistance II
the successful prosecution OF this
case. The decision rendered In the
Supreme Court was the unanimous
decision Of the seven Judges.
To Ask for Rehearins.
Claiming that the decision was d
mil On Z riara of iustice attorneys fol