Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-05-19
HAYNES DEFENSE
HITS INDICTMENT
Seeks to Throw Out Bank
and Brokerage Records
in Trial of Banker.

Arguments were being concluded this
afternoon on the admissability of bank
and brokerage records which the Gov
eminent Is seeking to introduce as evi-
dence against Harry v. Haynes, former
president of the Farmers & Mechanics
National Bank
II. Winship Wheatley, counsel for the
defense, concluded his objects to the
items entering into the IA counts against
Haynes this morning. In general, Wheat
ley based the defense on three lines.
On those counts alleging false entry
the defense holds that Haynes had
nothing to do with the actual making
OF the entries themselves. Where mis-
appropriation is charged the defense
set up either that the indictment does
not allege that these reputed misap-
preparations caused any loss to the
bank or holds otherwise that the money
entered into legitimate business trans
action
In two counts charging abstraction
OF securities the defense says that the
indictment Is faulty in that the Sc
curltles referred to are stocks which
cannot be legitimately termed as
funds of the bank.
IDstructs U. S. Attorney.
siding over the trial in District SUI
preme Court, instructed United States
Attorney Leo A. Rover, prosecuting the
case. TO make a complete response" to
defense arguments. The court said that
because OF the manner in which the
numerous exhibits had been offered
that he did not have a clear knowledge
oil how these items inter,ocked to form
picture OF the whole case and that
ne wanted such presentation before
ruling on the admissibility of these
papers.
Rover. starting with the false entry
counts, declared that the defense argu-
ment against going back and showing
the steps leading up to the alleged false
entry Is untenable. Under such argu-
ment,' he said. I'VE would have no
right TO show in a murder case that
man had made threats against his
Victlm' lie said that the Government
would show that antecedent entries, for
"nlcn Haynes was responsible. in the
records OF the bank were themselves re-
spcnsinie for the false entries now al
legged
When court adjourned Yesterday eve
ming, Wheatley had covered four counts
covering false entry and one false re-
port ID the Controller Of the Currency.
MISE ppicatlon of funds and abstraction
OF loan collateral are the other charges.
In general. his argument was that
Haynes had no connection with the
entries that are alleged to be false. To
base a charge on the controller report,
which was said to reflect false entries
IN the general ledger Of the bank, was
tantamount TO making two charges for
the same of1ense, Wheatley said.
Sensing an attempt by the prosecu-
ton TO link UP stock transactions in
which 1t has been said Haynes was con-
cerned with his reputed operations at
the bank, Wheatley argued that these
| stock transactions were not within the
scope Of the indictment, and asked that
they be excluded.
Further, he insisted. there is a GER
! tain prejudice in this community" to
/ stock transactions. and to let the eyi-
I dence bearing on them go before the
jury would tend to divert the Jurors
! from the main issue invoived-namely.
that Haynes is being tried on specific
! charges relating to banking practices.
Some OF the stock transactions antedate
the alleged Offenses by several months
ITO go into collateral and antecedent
matters win lead to endless Confusion. !"
Wheatley said.
Justice Gordon interposed that IL
would seem necessary 10 20 back"