The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1924-05-08
BANKER ACQUITTED

: w. F. Bergman was acquitted
/ last week in his trial at Boise or
the charge of the theft of liberty
bond. The defence did not put on
, any evidence but argued the case on
the presentation made by the pro-
secution. The jury was out only a
few hours and it Is reported that
on the first ballot they stood nine
for acquittal and on the second bal
lot were unanimous for acquittal.
i The case was tried before Judge
10. r. Baum OF Bannock county, and
the prosecution was in the hands of
county attorney Hamilton Wright as
sisted by former attorney general
Roy l.. Black of Pocatello. The
principal witnesses for the state were
George F. Gagon, Wendell Gagon, l..
u. Chapman, Judge D. w. Stanrod
and members of the state bank COM
missioner's office.
Reports of the evidence as pre-
scented showed that when the bank
was short of funds they used up their
| liberty bonds as collateral in secur-
| ing loans of cash. Then they borrow
| ed liberty bonds that were in the
bank for safe keeping, this done by
the consent of the owners. Then,
the reports say, the evidence indi-
Gated that they used the liberty bonds
left for safe keeping without con-
sulting the owners and secured loans
on them or sold them outright and
that the money was used in keeping
the bank open and operating. 1t IS
said that Judge Standrod testi-
ID 1of hn Ino oil
that this thing was going on
bonds be redeemed and restored to |
done, but the evidence indicated that |
the transactions were handled thru |
w. F. Berryman's personal account |
in the bank, the theory being that
his account was not scanned by the |
directors.
The defence was handled by ]. H.
Peterson of Pocatello and ]. H.
Anderson of Blackfoot, and it is said
that when these enormous transac-
lions were displayed upon the books
in w. F. Berryman's account, they
replied in their arguments that they
must be all right of they would not
have been placed on the books at
ALL If there was any theft In 1t,
would not the perpetrators seek to
conceal it from the directors and the
bank examiners instead of putting all
of the transactions thru the book
keeping machines for year OF two,
openly as they did. That aspect of
1t cast reflections upon everybody
from the state bank commissioner
down thru the bank examiner, and
70 70
people In commenting upon the situa-
ion in the jury room suggested the =,
of the jurors raising the :
question, "Why prosecute just one !
nan for the sins of all?" The books
lid not show that w. F. Bergman
made use of the moneys for himself, =
tut rather that he used it to meet the
demands of the business in trying :
o keep the institution afioat. That .
,hase of it Is supposed to have tenn
,ered the attitude of the jury toward !.
he defendant.
The cost of the trial to Bingham e
county was about $500; the v
lrst case little less than v
hat. Two or three months ago it +
vas stated unofficially that the con- 1
ition of the bank books would war
ant bringing twenty or thirty other q
imilar suits, and now since the e
eople are paying to the tune of n
thousand dollars apiece to get thru O
nth the case and accomplishing no "
articular purpose, it is not likely a
hat the taxpayers will want any OF G
he others placed on the docket. Il
There are many angles to this n
ank failure and many interesting
delights might be put in print, but
is like the World War-we are
90 close to it to escape the dis
greeable effects of reviewing 1t. 1t G
ppears that anything which can be II
one now would only increase the NJ
uses and the injury and the sooner e,
is forgotten the better.