The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1922-03-31
ACTION IS OUSTED
CLEARS UP SLATE
CASE AGAINST w. J. RICH
TER FALLS FLAT
Prosecuting Attorney At Ellen
dale, N. D., Decides That Com
monwealth has Nothing on Ma
pleton Man; Civil Proceedings
Amounted To But Very Little.

The case of the State against w.
J. Richter, which was the nrst
criminal case to come up at the
regular March term OF district
court, and which has aroused much
interest III this city, came to an
abrupt close Friday afternoon, says
The Glendale, n. D., Leader. Mr..
Richter was charged with the en-
bezzlement of $750.S6 from the
Farmers State bank. at Forbes, n.
D.. while he was cashier Of that in
stitution, some two years ago. The
facts shown in the testimony by
the state were to the effect that
Mr.. Richter sold out his interest in
the bank about the first of Janu
airy, 1920, and about December 80,
1919, he drew an expense cneck
payable TO himself for S750.S6, for
automobile expense for lhree years,
This was deposited TO his credit in
the bank and drawn out short
time later.
When the state had shown these
facts and rested, the attorney for
the defense moved the dismissal of
The case on the ground that there
was no evidence that the bank did
not owe Mr.. Richter the amount Of
this cheek and that he was not en-
titled to take it. The court made
few remarks TO the same effect
that there was no showing that the
defendant was not entitled to what
he took.
The st;te then ked permission
Of the court to reopen the case
and make this showing, and the
court gave them until the opening
of court in the afternoon. When
court opened after the noon recess,
the states attorney stated to the
court that they had carefully ques-
toned the witnesses and that the
state was unable to show that the
bank did not owe Mr.. Richter the
money and that he was not entitl-
ed TO it, and moved the dismissal
OF the case, which motion the court
granted, and the defendant was
discharged.
Story of transaction
This is the story SO far as the
record Of the court proceedings
show; but aside from this, the rest
of the story is to the effect that at
the time the bank was organized
Mr.. Richter was made cashier and
was placed practically in entire
do a real estate business and make
farm loans. In addition to stated
salary. he was to have one half the
real estate commissions earned.
and the hank was to pay the ex-
pense of operating the automobile.
AS a result of this real estate
phase of his duties, Mr.. Richter
turned in as the banks share of
the commissions, some $4,000 for
the three years he was there. and
in taking out his automobile ex-
penses, amounting TO $750.S6, he
was merely taking what it was
agreed he should have.
The above is the story told by
Mr. Richter. and is supported by
practically all the older stockhold
ers of the institution who under
stood the conditions at the time
persons who have later acquired an
interest in the bank discovered
that the minutes of the meeting of
the board of directors, does not
disclose and agreement to pay this
automobile expense, and they con-
Guided that it was, therefore, illeg-
AL 1t seems to have been this fact
that the board of directors never
formal action authorizing this ex-
pense. and never formally allowed
the bills-upon which the state re-
lied TO convic5 on a charge of en-
bezzlement
The motion OF the states attor
ney for a dismissal, granted by the
court is the legal equivalent of an
acquittal. and results in complete
eXOneraIlon.
On the civil calendar, Mr.. Rich
ter sttod trial III an action by the
Farmers State bank of Forbes, for
the recovery of some $500. which
Mr.. Richter had used TO purchase,
at the request Of the directors,
stock in the electric line from FL
lendale The case occupied two
days of the courts valuable time,
though the jury found in favor of
the defendant after being out ap-
proximately nire minutes.
Mr.. Richter is a resident Of Map
Teton and he is well known TO a
great many people in this section
of Minnesota. who will he pleased
TO know that he is cleared of the
charge which was prefo m d
against him.