Mountain Home Republican. [volume] (Mountain Home, Idaho) 1915-1946, 1923-10-26
Declared Not Guilty of En-
bezzlement Charge
WORLD WAR ENTERS
INTO THE DEFENSE
Aged Father of Defendant Testifies
To Condition of Son After Return
From France, and Experts Give
Give Their Opinion

The jury which for three days held
the fate of John Stockton in their
hands, reported shortly after 10 p.
m, Wednesday that they had found
thethe defendant not guilty of the
crime of embezzlement while in the
employ of the Home Lumber & Coal
Co., and Judge M. |. Church dis
charged him.
The trial was followed with
great deal of interest by the people
of Mountain Home, and the court
room was crowded for the conclud-
ing night session.
The first days proceedings con-
sisted Of securing jury. Besides the
regular venire, II was necessary to
call in two more before the panel
was completed.
j. C. Pope, special counsel for the
bonding company, who assisted the
prosecuting attorney r. w. Beck
with, stated that the state expected
to prove that John Stockton had col
lected mony owing the Home Lumber
q Coal Co., while manager OF the
Mountain Home yards, and had ap-
propriated the same 10 his own use,
then proceeded to call witnesses who
had purchased materials from the
yards and had either receipted bills
or cancelled checks to show that
these had been paid
George Mott, the first witness for
the prosecutor, who audited the
books Of the company, testified that
the entries in the books were in the
handwriting of the defendant.
The chief witness for the state was
George w. Williams, now assis-
tant general manager OF the Home,
but at the time was acting in capac-
ity of auditor. He told of his first
visit to the local yards while with
Others of the company he was on a
tour Of inspection of the companys
various yards, and how later, from
a cursory inspection of the ledger, he
had come to the conclusion that
things were not just right. He stated
that on Feb. 16 he had arrived on
the early morning train and had
phoned Mr.. Stockton to meet him at
once at the Mellen Hotel, and upon
the arrival of the latter, had taxed
him with being short in his accounts.
He stated that Mr. Stockton admit
ted that this was the case, and that
he, Williams, had then told him that
Il would be better If he made a COM
Dlete statement which would clear
.hings up, so that "his family would
not be humiliated and to avoid ex-
It was this part Of Mr.. Will
Jams testimony which later in the
led to Judge Church's
lenial of the states request for ad-
mission of the so-ealled confession as
as it was held that 1t had
,een obtained through implied prom
Sc of non-prosecution.
Judge Church excused the jury
While the attorneys for the state and
efense threshed out the matter, two
Mr.. Williams and Jack
jtockton, being examined at great
ength, and this consumed the bal
nee Of the second days session.
Wednesdays session of the court
vas opened by Mr.. Pope, for the
tate, attempting to introduce the
peal yard inventory book as an ex-
ibit. Instantly Mr.. Sullivan, for
he defense, was on his feet and OBJ
ected to its admission on the
round that the defendant was
harged in the indictment with the
Of money, and that
iscrepancy Of the stock with the
lventory book would not tend to
rove that the defendant had sold
his stock and converted the proceeds
} his own use. This point was ar
ued at length, and the objection
by Judge Church.
Immediately after this the state
ssted. and court was adjourned un-
] 1880 p. m.
Willis Sullivan, associated with
eslie B. Green in the defense of
n. Stockton, stated in his opening
CONTINUED on page 81