The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1922-05-25
!, grssE1L SUMS UP
IN WATERMAN TRIAL.
...,,s Argument for the State In
which Prosecutor Gets Case
Clearly Before Jury.

49, If Kamah, convicted in the di'
D''' ''s .ourt here last week of charge 0
"'.;.r false report of his bank t
.OT-5ls !. .se banking department, and tn
'.hlitv of the press to give the mas
H., ,t.,hnieal evidence to the public, w
=. o;ve Prosecuting Attorney Pen
was enterane ,ls address to the jury, which con
va Thompson slv sums up the whole matter from
0on was sNl de states viewpoint.)
Mr. Penne said:
ere: Mesdame uav it please the court, and you
En Fred smih ,otemen of the jury, not goins
|iier Dunhan i burden you with lengthy argu
+ Marie and nan, You have been here a. long
sale and have been exceedingly pa
We're: Mes liant You have been sitting here day
|hnell Miller ,he day for two weeks listening to
ers Caldwell AZ Introduction of this evidence. 1t
Frs, Sweeney bss been slow and tedious 1t was nee
r. and P " sssrly so. from the nature of the
er, and Misses sss and with all this voluminous rec
IS ana O'Col ord here which we have attempted to
introduce and get into the record and
Pd by Mrs !. evidence to make this matter clear
Pus twocours YOU. And as I said, feel that you
hv been exceedingly patient in bear
win several ing with US along this line for all these
Find violin By ays of the trial. I am going to com
MISSES 0CO fine my argument absolutely to the is
nss in this case and to the evidence
T oe neld at which has been presented. $500.
/ 9ennie Is Now, in opening our case, gentlemen,
secretary you will remember that we made
statement to you as to what we ex-
psted to prove There are two allega-
lany Inend tons, or two counts, in the informa-
we recovered ton The first is that certain report
lneunat'' dated May II, 1920, purporting to have
u al Sals been made the defendant in this ac-
dsn, George H. Waterman, was made
F. WIN me 1t Kamiah, Idaho, and subscribed to
- y 'unaep before Lottie NJ. Works, notary pub
Nc anu "a' he Of this state; that the report was
|n for until t,snsm;,tea ~ eousea ~ ,s tra
'lOse ua'ss ted to the commissioner of commerce.
and industry of the state of Idaho, and
nas that the report purported to show the
20 ha' condition of the said bank as of the
ny n0ln' close of business ON the 4th- day of
''''' 'H'' May 1920. Now, the report itself, the
'4Ao = original report bearing the signature
0p'"'u u Of the defendant as well as the sigma
''iAS'. y me Of the notary public and the no
'Sri0 ary SEAL has been introduced in ev
= idence and it was shown to you that
4, 1t came from the files of the commits
- ~ ~ aOners office at Boise. It was shown
"nu - 70 bear stamp of May IL, which is
80 The date the report was received in
ore Make Boise.
office voa
ctioneer n,t 49,. =. = -" - 'A'. '
10 person, firm corporation was in
ue0led to the State Bank of Kamiah
on the 4th day of May, 1920, in ex-
Fal spec cess Of the limit fixed by statute. i
Nezperce call your particular attention to
st. ne Nhedule of Obligations exceeding the
Office limit fixed by statute. in which ap-
da. 0V1 pears the word 'snone.'' That shows
mat it was their contention and their
ispresentation and that the report
SHOWS no person, firm or corporation
- On On the 4th day of May, according to
'Ms report, was indebted to the State
pank Of Kamiah for money borrowed
"a excess of the limit fixed by statute.
ana before I go further it might be
wen at this time to call your attention
D'eiiy to that. The court will instruct
'Ou, assume, as to what an excess
0an is under this statute so far as
auOunt is concerned. However, / feel
aa' that matter has been brought to
as attention of the jury so many
umes that it is well fixed in your
mind
me paidin capital and surplus OF
'le Dank as shown by the report on
ua9 date-the capital was $4,000 and
'le surplus $4,000. Now, 20 per cent
xy y mat amount was the limit loan to
|I u5 person, firm or corporation, and
4a' would mean $4,000; and / think
.Vu all have that amount of $4,000
nmly fixed in your minds and have
lau for number of days. And any
van above that unless it comes within
4e exceptions of that statute is and
40 an excess loan at that time. In
nVceedlng on that item we alleged
w ra' at least one person, towit, +. w
|, .a1erman, was on the 4th day of May.
esD indebted to the State Bank OF
'aniiah In excess of that limit, or in
excess of $4,000.
W first started in, gentlemen, as
Nv WI remember, with large list OF
'' ao items as shown on the states ex-
a0it lO4, the first item being $3.50,
LII s4sn $4,000, $4,000, $4,000, and 50
NH - These items, as you win recall,
iii 'e traced through these books and
III s'ofos from their origin to the date
III aa' they were paid, or the date they
III 0'e renewed or whatsoever became OF
III 'aem You will remember gentlemen
the jury, that the evidence, which