The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-06-26
CITY TRUSTS
FUNDS WASTED,
SAYS PROBER
Prosecutor Wilson Under
Fire in Report Filed by
Alvah RuCker.
Continued from Page One

gave judgment in favor Of the
plaintiffs IN large sum.
On Oct. p. 1890. the sum OF
S2O9l3.78 was deposited in the bank
and on the next day the sum of
S9O89.72 was so deposited. All de-
posts after 1890 a. m, Oct. %, 1890.
we're after banking hours OF that
DAY ana after it closed. we're re-
turned % the depositOrs making
the same incidentally the sums so
returned we're preferences and could
be recovered by the receiver from
the individuals"
Nj. Rucker charges the bank was
S73l9i073 in the red at the time
d. closed ITS doors.
The company therefore clearly
was insolvent when 1t suspended, "
the report asserts.
The circuit courts investigator
then points out Section 2479 OF the
state statutes as making it fraud
and endorsement TO receive de-
posts after Insolvency OF a bank is
assured
In cases such as these, il is ad-
visable that criminal charges, If re-
fUcned. should be drawn for con-
splracy to Violate Section 2479. A
charge OF conspiracy" says the re-
port, may be wider in scope and
more free from certain technical
OBJECTIONS than a specific charge IN
Yolving only one matter and one
person.
Here 2 conspiracy charge. If
sroTEht, should allege the union n
IKE the deposits Of certain persons
stating the names Of as many as are
known, and the public generally"
Rulings Are Cited
Comment on this phase of indict-
ments was taken by some as a direct
slap at the indictments in the
Meyer Kiser bank case which charge
specific transactions instead of a
blanket charge as proposed by Mr..
Fuckers report
He cites numerous rulings showing
that manual receiving of deposits
after a bank has closed its doors is
not necessary IN the charge of con-
Spiracy 10 defraud.
"A prosecuting official" continues
the report, who would refuse TO in
dict upon the ground that manual
receiving was a requisite, might per-
petrate a kindred faux pas in in
dieting some one for embezzling
money or in charging him with ap-
propriating funds to his own use
when actually ne had appropriated
them TO the use of another"
Time Wasted. He Asserts
Mr.. Rucker relates how affdavitS
which ne prepared in the Meyer
Kiser case had been termed faulty
and how later he sent witnesses at
great cost" to various parts of the
country to appraise properties. He
tells how those witnesses we're heard
In the Meyer-KiSer case by the
grand jury.
Then" continues the report, TO
the surprise of all. the prosecuting
attorneys office drew indictments
ON an incident only IN reference to
the Nfeyer-KiSer bank. wasting the
time OF your officers, the appraisers,
the grand jurors. and fear of every
one concerned or to be concerned
with them.
Why the intrinsic charge should
be set aside for an incident, not at
all peculiar to banking corporations
In general. after all the evidence
was or should have been heard by
the grand jury on an intrinsic bank
ing OfenSe, seems incOmprehensible.
No excuse apparently referring to
the prosecutors Office seems ever
10 have been offered.
1t is my earnest wish that these
bank matters. wherein 10000 TO 40
O00 of our people have lost their
lifelong savings be honestly, fear
leSsly and tenaciouSly investigated"
Pleads for Courage
L have reached the stage in life, -
adds the report. that 1 do not care
whether a prosecuting attorney or
any officer is a Democrat or Repub-
lican. NV only inSistence is that he
be an upright representative of the
people and not a pOltrOOn or
coward
There is no reason" further adds
the report to the court. that the
present incumbent in the office of
prosecuting attorney (Mr. WILSON,
Is unequal to his aforesaid pre-
decessOrs. Mistakes have been made.
but they can be rectified easily"
The report ends with praise for
Judge Cox and his continuous
pressing of Investigations of defunct
hanks Of Marion county,
Wilson Makes Reply
In reply 10 the attacks on him,
Prosecutor Wilson said:
The grand jury will be glad to
receive any facts regarding bank
cases in the circuit court at any
time Mr.. RuCker or the court will
present them. 1t was my under
standing with Judge Cox that the
grand Jury would receive the results
Of any investigation
In the Meyer-kiSer case. the
erand Jury viewed all testimony
presented by Mr.. Rucker and his
associates. The exact form of the
afidavits filed by Mr.. Rucker was
used with the exception of a slight
change in preparation of indicu-
mentS.'
The ten directors named IN Mr..
Hacks $4,000 suit are Mr.. Miller,
Mr.. Garman. Mr.. Kelly. Mr.. Muir
pllv. Mr.. Peterson, Mr.. Richardson,
.Iohn T. Van Zant. Arthur c. Ayres,
James NJ. Ogden and William F.