Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1922-01-11
THE HEAToN VERDICT.

In the case of Frank C. Heaton, former teller in
the Observation-Disclosures Bank of Fargo, whose
trial for embezzlement has attracted attention
throughout the state, the jury after hours of deliber-
alton found the defendant guilty of embezzling less
than $4,000. This subjects the defendant to a fine
OF not more than 500 and confinement for not more
than 30 days in Jail. The verdict was accompanied
with a recommendation for leniency.
The case has been followed with unusual in
terest because it involved transactions bearing on
the conditions in the Bank
during a period when that bank was in close alliance
with the Bank of North Dakota, and was a r~ecogniz-
ed part of the political machinery of the Nonpartis-
an league. The bank was closed by order of At
torney General LANCER. on the ground that it was in
unsound condition and was no longer a safe deposi-
tary for the funds Of the people. The contention of
the attorney general was denied by the officers of
the bank and by the administration of the state, and
every effort was put forth to prevent the actual facts
concerning its condition from coming to the knowl-
edge of the public. Upon the demand of persons
representing the state administration, a majority of
the supreme court, denying opportunity for the at
torney general to present the facts in the case, or
dered the re-opening of the bank, and it containued
on its way until even with this kind of support, it's
further operation became an impossibility and it
collapsed Of its own weight, its doors being finally
CLOSED some. months ago.
The testimony in the Heaton case has revealed
not only that all of the, statements as to its condi-
ton at the time of its first closing were justified. but
that these represented only a part of the material
facts in the case. The bank was utterly insolvent
and according to the testimony submitted and not
controverted, its funds had been misappropriated
right and left, some of them apparently having been
stolen outright, and others having been used to boil
ster up decrepit banks elsewhere and to strengthen
the credit which the league managers were attempt
ing to use for the promotion of more of their politi-
cal schemes. The charges made against the opera
ton of the bank have been more than sustained.
There has been abundant ground for the filing of ad-
ditional charges, and sthe public will demand that
the case be prosecuted until every person involved
in the attempt to defraud the state and the deposi-
tors shall have been properly tried before a jury.
The verdict in this case is of course an absurditv.
If Heaton embezzled anything, he embezzled more
than $4,000. The finding OF a verdict of this kind is
one of the illustrations frequently given of the pecu-
liar workings OF Our jury system. The juror is
sworn at the outset of a trial to decide according to
the facts as presented in the testimony. and accord
ing to the law as interpreted to him BY the court.
The adequacy Of the law and the equity of it's ap-
|p~lication are matters with which the Juror is not
supposed to have any concern. Nevertheless Jurors
have a fashion at times of disregarding both the
law and the facts as presented. Regardless of what
they have promised to do, they decide not only on
whether or not the facts come within the purpose
OF the law, but upon the justice or injustice of that
law as applied to a particular case. They do, not
always confine themselves to the testimony present
led in court. They read between the lines of that
Testimony and assume the existence of other facts
which appear to them to have a bearing upon the
case at issue, and upon this sort of consideration,
they endeavof in many cases to administer what
they believe to be justice regardless Of what the law
says and OF what the sworn testimony reveals. It
is in. this manner that the Heatorr verdict must be
interpreted. There is absolutely no ground pre-
sented in the sworn testimony for finding Heaton
guilty Of the ernbezzlccent Of only $50. co. Il is quite
apparent that the jurybelievcd Heaton to have been
used as the tool Of other men, some Of them holding
more responsible positions than he, and that regard,
less OF law, they did not intend to permit him to be
made the scapegoaat for the sins Of his superiors.
Apparently they felt that there was no escape from
9 verdict Of guilty, but in rendering that verdict
they limited il in such a manner as to reduce it /,
absurd terms.
An. ostrich IS worth about $500. The size Of
her egg is satisfactory, but the frequency Of il SHOT.
It IS hard to dispute the hen right to make a
noise when she drops nickel egg into the slot.
Gork was q for the treaty. but South Boston