The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1922-05-25
MIR. pENNELL SUMS Up
IN WATERMAN TRIAL.
CONTINUED from page y

his explanation, Gentieinen VI
Jurv. of his way or system of AVOID
ing excess loansa How did that SQUAD
70 yous Now he said he had bank
at Khmiah. one at Kooskia, one at
| Peck. Orofino and so on, and what
happenedg When Dawes Rosengranfs
would get up to about $4,000 and come
in and want $4,000 more, yes, they
would take his note, all right they
would kite that up to another bank, 81
/ that their books wouldn't show that
Dawes Rosengrans had an excess loan.
| IF that ism It a violation of the law,
Gentlemen Of the Jury, it is scheme
to defeat the purpose of just such a
Pstatute as we have here. That is my
contention, and there is really no dis
tinction between them. Now than,
why were these drafts deposited to the
checking or personal account of r, W.
Watermans Mr.. Waterman said he
|. didn It know; that had been permitted
that way there; how it originated and
so on, but what do his letters from
Dempsey to him shows Frank s
checks in the till; we have taken
Frank e checks out of the till.
He didn't say Rawson Works Lum-
Der Company. How did the Defend
ant IS replies to those soundf Didu t
they sound to you as if he knew exact
ly the manner in which those items
and that account was being carried.
Now then I want to caution you.
Gentlemen of the Jury, to follow veey
closely the Courts instructions in this
case. They are important, an import
ant factor in any case. When the wit
ness Waterman, the Defendant, was
asked something about those reports
he said I didn t make those reports,
I just signed them. / caution you t..
follow very carefully the instructions
of the Court as to what constitutes
make" undes the laws of this state
in regard to making false report;
don It overlook that. Follow it very
carefully and then see when you have
received the Courts instructions
whether or not he "made' - that re-
port or whether he didn't make" it.
Now then the burden is upon the state
to prove every material allegation in
the information beyond reasonable
doubt, Gentlemen of the Jury. This we
have attempted to do. There are two
charges, two counts in that informii
ton, the first being that the report
was false regarding an excess loan to
F. w. Waterman. That constitutes one
count. The other is that the report WIS
false in that they reported $4,000 due
from Transient Banks. That is the
second count. assume that the court
that we have proven either of these
counts beyond reasonable doubt,
both or either, that then we have es-
tablished our case. The burden is also
on the state to prove that the defend
ant knowingly made these, and per.
haps you will remember how the Coun.
sci emphasized that word during !he
time that he was examining you AZ
jurors. All right, what knowledge di
he haves What knowledge did he
have of the Transient Bank account 2
He had sufficient knowledge of the
affairs of the bank to instruct his
Cashier to kite those Rawson- Works
item into the Transient Bank account
from time to time. He knew what
was going on in that bank before he
left it. He also knew what was goin1
on in that bank after he left it and IT.
lis my contention and that contenti. N
is based upon the letters which VIC
have submitted to you in. evidence
here that George Waterman the de.
PENDANT in this action, Gentlemen of
the Jury, was familiar with and know
each and every item, condition, and
affair of the State Bank of Kamieh,
when that report of May 4th was
made, and I think we have shown
that absolutely and conclusively. Per
haps you will remember the statement
OF the Counsel for the Defense, Gentle.
men,, in which he referred or mention
ed when he was making his statement
before the defense opened it's case,
that the defendant Waterman didr !. |
treat this as an excess loan, that he
wrote the department, Mr.. Jay Gibson.
that it was not excess and he would
not so classify it and that he never
seceived any reply and that no reply
was ever made to that letter. Hero
is the letter. He brings that up tel
the witness. Now perhaps you remern.
Der this, and shows him that letter;
he identifies it; he asks if a reply
was ever made to that letter. No. But
what did he discover a little bit latcrYl
On the back of that very letter, LIT.
ter which reads as follows: ssMr. Geo. II
II. Waterman. President, State Bank |
of haniah, Kamiah, Idaho. Dear Sir;
am very pleased to acknowledge rel
ceipt Of your letter of December 22,,
this is the letter. advising as 10
the financial standing of the variors /