Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1922-01-09
|Efj Z
ARGUlVIElg ARE
CONIIIEl9C in
Il! HE|ATON I. TRIAL R!
Defense Closes Today After
Attempt to Have Law
renee Testify.
PROSECUTORS Says Heaton
Showed Brevig One Hon
est Man in Bank"
(Herald Special Seryice.)

Sderald Special Sery1ce.)
Fargo, N. D.. Jan. s.-The question
of Frank c. Heaton's guilt In connec-
ton with the shortage Of approx
n1ately $4,000 in the accounts Of the
Scandinavian American bank Of Far
so will rest with the jury either late
today or tomorrow. 4
The defense closed this forenoon.
after endaavoring to have Attorney
Aubrey Lawrence testify in support OF
certain statements made by II. J.
Hagen, the court ruling the evidence
not admissible.
NJ. j. Brevig. Lars Christianson c.
0. Bjore and e. J. HeadIund were
each recalled by the state
HcadIund Cross Examined.
The directors, C!iristianson and
Headlund. denied having any under
standing with Heaton to the effect
thar he. Heaton. should assume re-.
spc visibility for the bank shortage as
testified to by the defendant.
I1eadlund, under cross examination
was questioned by Francis Murphy
WITH respect to signed statements that
the bank was without bad loans, such
statements being signed by Headlund
as director. The witness said he had
signed such statements in the belief
! that he was stating truth.
In opening the arguments Of the
prosecution. States Attorney w. G.
Green maintained that it was not fer
; the jury to determine the innocence
Or guilt OF Fl. ]. Hagen, the president
OF The bank or to determine whether
or not the officials had been guilty OF
misconduct and maladministration in
connection with the discharge of their
duties about the bank. The sole is
hn a SS tor 30 fho 1,sJh
cence of Heaton.
! The prosecutor arraigned the action
Of the defendant in attempting, on the
witness stand to make it appear that
Brevig had heeq responsible fer some
Of the shortages in the bank. Mr..
Green contending that the /. witness
! disclosed clearly that Brevislmls HI
one honest man in the bank" ss.s
! Prevented Deal. 'E
/ vented certain deal by Hagen. and
/, it was Brevig who first became susks
! picious OF the actions of Heaton and;
caused the inquiry that led to Heaton'Es
admissions.
| The prosecutor said that Heaton.ss
defense was based wholly on the
proposition that it was not possible
! to produce the former bank presi-
! dent, Hagen. in court. Hagen said
Green, was made to appear as having
made certain propositions to Heaton.
which propositions were not supported
| by the evidence.
4 All OF Heaton's testimony, Mr.
Green averred can be legally disposed
| of on the theory that he lied on the
witness stand in connection with GER
tain statements attributed by Heato1
to Hea Glund and Christianson, as well
as Brevig and Bjore.
/. Grounds for Charge
! Mr.. Green dealt briefly with the
crime of embezzlcmen.. He said it
was not necessary for the jury to find
that he took all Of the $4,000 that
jury found he took any part OF it. he
should be found guilty. The prose
cutor asserted that the average en-
bezzler does not steal with the idea
that he is doing wrong, but that he
takes at first a small amount. and this
! keeps growing until the house OK
(. card tunb bles in
! So it was with Heaton, insisted the
/ prosecutor. In his case it was the
visit of the bank examiner on January
is. 1921. and the unsatisfactory ex-
! planation Of Heaton in connection
with cer'ain Liberty bond transac-
tions, followed by a certain $1,000
! could not explain. that led to the
! crumbling Of his scheme ot deception.
i followed by his confession to the
bank officials.
Saturday Session.
! The cross examination of F. c.,
! Heaton was concluded during the Sat
urday afternoon session. In the course,
! of this the accused declared that
! Everybody in the Scandinavian
! American bank knew that there were
! shortages in the funds" and cited the
1 SIS, 900 transaction in connection with
funds of the state agricultural college
! to which he testified Friday