Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1922-11-09
Waterman Case
Is Reuersed By
Supreme Court

After spending several months in
the Idaho state penitentisry, at Boise,
George H Waterman, convicted last
spring of making false report to the
state commissioner CT finance, will;
probably be released as a result of
the reversal by the idaho supreme
court of the tenth judicial district,
sending Watrman to the states prison.
Waterman was tried in district court
at Nezperce, found guilty by a jury,
and sentenced by Judge w. N. Scales
to from eighteen months to three
years in the state penitentiary and to
pay fine of $4,000.
APPEALED BY JOHNSON
The case was appealed by Miles s.
JohnsoI of Lewiston, ATTORNEY for
Waterman. The supreme court order
sends the case back to the district
court for a new trial and state legal
officials believe that Waterman will
be turned over to the custody of the
the county from which he was SEN
fenced and released under bail.
Waterman was president of the
State bank of Kamiah at the time j.
G. Fralick, state commissioner of fl
nance, issued call upon all state
banks for a report showing their con-
dition at the close of business May
A, 1920 Waterman submitted his re-
port May IA of that year and it is
this report which it is alleged he know
ingly made false for the purpose of
the real condition of the
bank, which later closed.
NUMEROUS ERRORS CITED
In the brief to the supreme court,
for Waterman cite twenty
seven errors alleged to have been made
by the trial court when the case was
heard in May of this year. Chief
Of these deal with the alleged pre-
JUDGE of the judge, his denial of
motion for new judge and his re-
fusal to allow the defendant to take
from witnesses residing
outside the state
FThe facts set forth as the ground
for charging bias and prejudice against
the trial judge are not denied" says
the supreme court, "and while the
trial judge, in view of the
situation presented by the aft
davits supporting the motion for
a change of Judge, might with
propriety have granted the application
for trial before another judge, we are
not prepared to say that the denial
of the motion was erroneous. There
is no statute authorizing a change of
Judge in criminal case on the ground
of bias or prejudice, and counsel for
appellant rely upon the constitutional
Il 80 1.f TT. Il
Justice shall be administered without
sale, denial, delay or prejudice This
provision has been held by this court
to be self-executing.
LOWER COURT ERROR
The supreme court held that the
lower court committed reversible
error when it refused to allow Water
man to take a deposition from his
brother, Frank W. Waterman, resid-
ing in Spokane. The record shows,
the decision continues, that efforts
we're made to have Frank Waterman
come to Nezperce and testify in his
brought to the Idaho court.
Attorneys for Waterman also alleged
in the appeal that the trial judge
made repeated statements during the
of the jury and also in
the jury to the effect that
the allegation of the information that
the alleged false report was made
with tbe attempt and intent to de-
,eive the commissioner of finance is
not material and need not be proven
by the state"
The court says this matter could
we'll have been disposed of without so
much discussion and controversy as
appears in the record and that it does
not seems to have worked any injustice
on Waterman.
The court held the admission as evil
lence of copies of letters written to
Waterman by the cashier of the Ka-
miah bank to be errer because they
we're immateria1 and were written
many months before the alleged false
report was made and had no direct
bearing on the charge under which
he was being tried. The trial court
also admitted letter written by Wa
5erman under date of May %, 1920,
over the objection Of the appellant.
The contents of this letter were also
the court said, and should
,ot have haen admitted in evidence