The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-09-05

fore him and gave its men,
bers pointed instructions on
consideration of bank cases.
At the same time, Prosecutor Will
son revealed that the grand jury
had subpenaed the Rucker report
week ago at his suggestion and had
been told at that time that the re-
port was not ready. The prosecutor,
apparently resentful, said Judge Cox
had yet to forward Rucker bank
report to him.
The judge first explained briefly
the bankers embezzlement act IN
the Indiana code. discussed at length
in Mr.. Fuckers report. and told the
Jurors that, If an officer, knowing
his bank TO be insolvent, keeps 1t
open for the purpose Of receiving
deposits, it is immaterial as to who
accepts the money.
Responsibility on Jury
II now wish to impress upon the
grand jury its responsibility, ne
continued after the explanation and
after commencing the jurors Tor
past work
There is a public impression that
the prosecuting attorney is reSpon-
sible for. indictments that are re-
turned or for the failure of a grand
Jury to return indictments. This
impression is erroneous in the ex-
IRENE.
THE responsibility does not rest
with the prosecutor; it rests solely
upon the shoulders of the grand
jury.
The prosecutor has the right to
be present and TO present evidence
1t is his duty to advise you as TO
the law. He is not permitted TO
enter into a discussion as TO
= whether an indictment should or
should not be returned.
We is not permitted to be in the
grand jury room when a vote is
taken"
First Thought of Wilson
Judge Bakers statement here ap-
peared at first TO be a defense OF
Prosecutor wilson's office, criticized
again in the present Rucker report.
It was learned, however, that he
so instructed the jurors because of
a report to him that the jurors had
failed to return indictments in a
consideration of one or more de-
funct banks because they believed
officers must receive the deposits
personally 10 be guilty OF en-
bezzlement.
After referring TO the numerous
bank failures here and throughout
the United States within the last
five years. Judge Baker said:
1t would be straining our credul-
ity 10 believe that all officers OF all
of the insolvent banks and trust
companies in our communities are
dishonest. or that the failure of all
these banks could be attributed TO
dishonesty on the part Of the Of
ficerS.
However. where banks fail leav-
ing practically no assets. 1t IS I'M
likely that all of the officers Of all
such banks could be ignorant Of
their condition. 1t is your duty TO
INQUIRE diligently into all Of them to
ascertain which, if any, have vio-
lated the criminal law"
The judges words on banks clos
ing without assets were almost
identical with those employed by
Mr.. Rucker in one section Of his re-
port.
Mr.. Rucker charges that the bank
was insolvent or. at least, on the
brink Of insolvency" in l925-and,
&, possibly. in 1924.
Insolvency Is Charged
He LAYS much Of the banks grief
on alleged insolvency and miSman-
acement of its real estate subSidi-
aries and insists that at least one OF
these was inSolvent from the time
il was founded and was a constant
drain on the banks funds.
The trust company'S officers and
their relatives were in debt 10 the
bank when il closed. III many cases,
and. in others. we're carrying ex-
ceedingly small deposits, Mr.. Ruck-
er'S report said
He SCOTS az the theory that the
depression was responsible for the
banks troubles. pointing to the
early insolvency. and denies. at the
same time. that the depression
caused the failure Of the Meyer
Kiser bank, the Washington Bank
and Trust Company and the City
Trust Company.
The failure Of all OF these he laid
% unsound and dishonest banking