Cottonwood chronicle. [volume] (Cottonwood, Idaho) 1917-current, 1922-11-10
WATERMAN IS
GIVEN new TRIAL
SUPREME COURT REVERSES
FINDINGS IN WATERMAN
BANK CASE.

After spending several months
in the Idaho state penitentiary,
George II. Waterman, convicted
last spring of making false re-
port to the state commissioner of
finance, will probably be releas-
ed as a result of the reversal
Friday, October 27 by the SUI
preme court of the decision send
ing him to the penitentiary.
The supreme court order sends
the case back to the district
court for a new trial and state
legal officials believe that he will
be turned ov er to the custody of
the sheriff of the county from
which he was sentenced and re-
leased under bail.
Waterman was president of
the State Bank of kamiah in
Lewis county at the time j. G.
Fralick, state commissioner of
finance, issued call upon all
state banks for report showing
their condition at the close of
business May 4, 1920. Waterman
submitted his report May Ia of
that year and it is this report
which is alleged he knowingly
made false for the purpose of
conceaing the real condition of
the bank, which later closed.
Numerous Errors Cited.
In the brief to the supreme
court, attorneys for Waterman
cite q 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 prejudice of
the judge, his denial of motion
for new judge and his refusal
to allow the defendant TO teFe
dispositions from witnesses resid-
ing outside the state.
The case was tried before the
Hon. Wallace N. Scales, Judge of
the Tenth judicial district.
THE facts set forth as the
ground for charging bias and
prejudice against the trial Judge
are not denied" says the court,
"and while the trial Judge, in
view of the situation presented
by the affidavits supporting the
motion for a change of judge,
might with propriety have grant
ed the application for trial be-
fore 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 a criminal
case on the ground of bias or
prejudice, and counsel for appel
liant rely upon the constitutional
provision of this state that
right and justice shall be admin
isered without sale, denial, delay
or prejudice This provision has
been held by this court to be
self-executing.
The supreme court held that
the lower court committed rever-
sible error when it refused to
allow Waterman to take a depos-
ition from his brother, Frank w.
Waterman, residing in Spokane.
The record shows, the decision
continues, that efforts were
made to have Frank Waterman
come to Nezperce and testify in
his brothers behalf but he could
not be brought to the Idaho
court.
Attorneys for Waterman also
alleged in the appeal that the
trial Judge made repeated state
ments during the impaneling OF
the jury and also in instructing
the jury to the effect that the
allegation of the information
that the alleged false report was
made with the attempt and in
tent to deceive the commissioner
of finance is not material and
need not be proven by the state. "
The court says this matter
could well have been disposed OF
without so much discussion and
controversy as appears in the re,
cord and that it does not seem tc
have worked any injustice or
Waterman.
The court held the admission
as evidence of copies of letters