Indianapolis Journal, Indianapolis, Marion County, 27 May 1894 — Page 2

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no-n and the remainder- of the week was consumed !n the argument cf counsel upon the evidence, there bdn three speeches to the side. Mr. Winter! whose especial duty In the case wat to -explain the evidence relating to the accounts with the bank, spoke for eight hours, and Messrs. Duncan. Kern and . Ccrr for a half day each. t The closing argument for the government was made yesterday 'mcrnlng by District Attorney IJurke, and was concluded by 11 r o'clock. Without preface or useless preliminary he entered at once Into the argument of the evidence. In his argument he gave attention to the valuation of the property owned by the company. There Is a wido variance between the value of the property according to the evidence of the defense and that of the government, and 21 r. Purke argued that the valuation of the defense was necessarily high. In order to establish the uncertain fact of its being ample security for the debts of the company, lie was rhetorical and sarcastic by turns, and frequently made use of bitter Invective. lie likened Haughey to a monarch oak of the forest, and the defendants o3 worms gnawing- at the vitals end accomplishing the eventual destruction of the work. In his picturing of IIaugheys character at the outset of his argument he showed him in the light of an honest, upright old man, wh03e only fault was a sympathetic nature and proneness to belief in humanity. lie attributed his downfall to the blandishments of F. A. Coffin," . . t M A. 1 V. A . V. A 1 ana rata i were, peruaps, uener iiau ine milk of human klndnes3 that rested about that old man's heart not been there and he had been a cold man without sympathy when It came to loaning other peo-, pie's money. At length the district, attorney detailed what he thought might have been the actions of F. A. Coffin in worming himself Into the confidence of Haughey till the peculation had proceeded so far that the "old man" dare not call a halt. The character of all the transactions between the cabinet company and its 'connected" companies and the bank was touched upon la a general way for the purpose of showing that there was in fact ; a .xnlsappllca- -tlon of the funds of the bank. Under the counts charging false entries he; argued that the entries were false; in that they pretended that deposits of money, or Its equivalent had been made upon the date3 Epeciiied, and that the paper constituting these deposits was not the equivalent of money, and that Its true character was known both to Haughey and the defendants. He referred to the drafts In evidence as "fiat money," 'and .'.upon the evidence of the taking up of returned drafts drawn upon customers he said: The theory of the government 13 that If those drafts were drawn against valu? and discounted by the bank they were bought by the bank and these scoundrels bad no right to take them out of the bank upon their being returned." Mr. Burke closed hl3 argument at 1133 o'clock, and the court was adjourned at that hour till 2 o'clock for Instructions to- the Jury. . HEADING THIS IXSTUICTIOXS. F. A. Coflln Wuh Troubled nud Reed "Wu Exceedingly XervouW. . Long before the hour of 2 o'clock had arrived yesterday afternoon the federal court room was crowded and standing room "was at a premium, the crowd being attracted by the announcement that the court would Instruct the Jury Immediately upon the convening of the court in the afternoon. The space back of the desks of the Judge and Clerk of the court was occupied to if fullest capacity and quite a large number of attorneys were present in the room. Prom-' Inent in the space behind the Clerk's desk was Judge Woods, and immediately behind, him stood several attorneys, . The. -chairs occupied .by the Jury had been" rearranged lo th lury sat facing the Judge in th "turors to'the row. At the ist end of the vyng table which has been by tha defense during trial sat ex-Attorne3'-general dler, beside him sat F. A. Coffin, the ,hi3f defendant In the case, with a look of greater concern upon hi3 face than has been noticed at any time during the trial. It was apparent from his countenance that he realized that there was an uncertainty hanging over his future-life. Though his; face expressed no fear there was In the eye, noticeable through the glasses he -wore, a grave look of deep concern. He sat "most cf the time with his chin resting upon his right hand, with his elbow upon the arm of the chair, and listened to every won! of the lengthy charge of the court, 'seemingly oblivious to the fact that all eyes -were rlvlted upon him. He glanced several times at the Jury. Dc?Ue him sat his brother, W. E. Coffin. t!:2 New York, banker. He also paid the utmost attention to the words of the court. He sat perfectly still during the entire tine of the reading of the instructions. It wp.3 a brother wnose fate was hanging in me balanci nnd it was apparent that the r-r.nke; felt the natural concern of brother for brother. 1113 eagtT. ear wa3 ready to. catch a sentence or paragraph that might be construed to bo favorable or unfavorable. Next to th banker sat Albert S. . II? ed. He was greatly affected by the pro-. cvedins an! his fac- bore a feverish flush if it was hut by the greatest effort that he wn5 able to withstand the strain at' all. It has bfen noticed several times during. th COurrof th argument that Heed was' vi.lMv fr-?cd Lv tiie harangues of counf i n-nir.-t him and impugning his .motives en.! Intentions. YccteriLiy he sat for a time with hit face buried In his hands and covered with n handkerchief while th-? court , z . reading th instructions. It needed not a r'oe observer to pec that the strain upon his nerves if much longer continual would prove too Trent for him. Standing Irr.rred'.ately behind Hoed was his attorney. Iwson M. Harvey, In an attitude of deep study. -t the end of the table sat Percival It. C'vTin. and he alone of all the defendants seemed not to to greatly concerned in the ren din it by Ihe court. lie leaned upon the table with hi elbovs. toy Ins a pencil. His face showed no signs of nervou3 strain, an 1 he did not keep his eyes fixed upon Hiiy one person or thfnjc. His aze wandered first in one direction and then another. IJeslde, and slightly behind, him tit A. C. Harris, who has been the attor ney of the cabinet company for years, but' whs comredrd to withdraw from the case en account of the wound received at the htti? of f'c plar.d during the former trial. II r. Harris "leaned bark in his chair and .it with dropping eyell la almost immovable during the entire lifty-tlve minutes occupied In the reading of the instructions. Hi3 f.ice bore a critical, studious loo I;, evidence of the fact that his lesal mind was weir.hir.tr the propriety of each instruction as it was delivered. Only when all the points in the eav had he-en fully covered by the court did the lok vanish from hi face. . At tre table Just orr-oslte F. A. and W. E. Cofhn snt John S. Duncan and Ferd Winter, each of whom gave the court their undivid?d attention. S-everal times while th instructions were toln read they held' brief whispered conversations The counsol for the government all occupied positions convenient for hearing the in.--tructions, and standing by the east window on the south side of the room was expert Hayes, an attentive listener, - and beside him Iouis Itobinson." - ti.e principal witn.-s for the government' in the cas. ' The Jry rave the closest of attention to' the coiirt. an l while the instructions were Jbeir.f rad there was an Impressive si-. 5ence in. the rtm. and only the clear, de-cJs-ive voice of Judge Haker was heard. ilia Instructions . are given elsewhere in these columns. The reading of the instructions, tcck Just f.fty-fo:ir minutes and upon ' their conipltlon ihe co;rt read to the jury the N different fcrun of verdicts v.hicli might bo returned bv them. Deputy Marshal Taylor w.'s sworn to take chargt? of the Jjry, but before h? retired with the mem-' bcrs Judi;e Iiaker said it was rracticei in that court for counsel to take any exertions they might desire to the inctrucJjcns in th prcfynce of tho jur' lef'.re the nicml-rs retired. H f:5kcl If t'e lefxnse wi.-hed to rostrve any exccjtlons t'Athe instructions. iir. if.ficr, rp-nklng for the defens-?. faid: "W( of course, desire to re erve c" pt!ons o the refusal of the court to rive such instructions a? were asked by us anl not given- Theri are als ether the in.3tnietIo.is th.. were given to which tve will- probably tle-iire to enter x our excppt:on.5.but we cannot say now. without a !ittle time to examine them. Just what portion of the instructions we to object to." It was agreed that the counsel for ths Uz-z miht take, the .Instructions for

examination and at a liter pcr'od be given such exceptions as they desired to . be entered on the record as of that time. The. Jury was then sworn by-Clerk? Hurler, and Judge Haker turned to th?m again and Instructed them that they should .retire f:r their deliberations till the supper hour, at whicil time. If they had not arrived at a verdict, they would he permitted to separate for supper, rerremberlnpr the great importance of th-s former Instructions of the court, wh'c were now of far greiter Importance that they should not talk about the case or permit any one to talk to them about It nor l!sten to any peron or person who were talking- about It. He also Instructed them not to in any wise lntlmite to an one what the state of thefr deliberations were at that time. After suprxr they were to return to- their room, and If. at the hour of 0 o'clock, they had not yet arrive 1 at a verdict they would be brought latu th court room for further Instructions. "Make room for the Jury thero." oiled Deputy Marshal Taylor as he retired from the room with th twelve n-en. It wus with some little difficulty that a passage way was opened in the crowls that swarmed in the court room, but it wa secured a'ter a time, and at S:C5 o'clock the Jury, filed out of the room to the grand J'ry roo-n. where their deliberations will be held.

IXSTIU'CTIOXS IX FILL. Full Text of JntlKc linker's Charge to I lie Jnry. The instructions In their entirety as given by Judge Haker are as follows: Gentlemen of the Jury The parties to this prosecution are men who have long occupied conspicuous positions in the business and social life of this community. Their reputation for honesty and Integrity at the time of the transactions involved in this Investigation was above question or suspicion. Naturally this would be so, for, without such reputation they could not have attained to the high and responsible station which thy have occupied. Whether honest or dishonest, one admitted to such places must have an assured reputation for business abiHtv and Integrity: and hnce It is that the class of offenses denounced by the national banking act always concerns npn of the highest standing: for ability and intejrrity. This accounts for the severe penalties denounced by Congress against the violation of those law.-?, rulrs and regulations made to protect the peonle in their enjoyment of the nationaPbanking system. In this class of offenses Congress has departed from Its usual custom In criminal legislation and does not permit tne court to determine the measure of punishment according to Its discretion, but for itself has declared that If men of the high character of those employed In the national banking system and their alders and abettors. shall violate . the laws made to protect the public from wrong doing by those engaged in the high and responsible trusts reposed in them, that they 'deserve and shall receive no less than five years' imprisonment. Without doubt Congress feared that courts might yield to such Influences as were improper and lightly punish reputable men for doing the forbidden acts by violating the important duties and trusts whose faithful performance Congress was determined to secure by these severe penalties. To neither court nor Jury has been committed the power to condone these offenses hy the imposition of light or trivial punishment, as Is permitted In most other cases in federal criminal procedure. The statute itself is a protest against allowing our jud;rments to be controlled by sympathy for fallen pride and shipwrecked lives. The court must caution you that while you are not expected to be without charily for the mistakes and misfortunes of men, nor without participation in the sympathy which all instinctively feel for the fallen and unfortunate, still, in obedience to the oath which binds you. it Is your duty to administer Justice without respect to persons, and to do equal right to the poor and to the rich alike, and a true verdict render and a true deliverance make between the government and, these defendants, according to the law and the evidence. This is the measure of your duty. If these defendants nave been proven gulltv you must a true verdict render and so declare: if they have not been proven guilty you must likewise render a true verdict and make a. true deliverance; and by your verdict say not guilty. That yo'jf will perform this duty fearlessly, honestly and Impartially, the court iloes not In the least doubt. It is your duty to. observe and follow the Isw as given you by the court. In the Etata court in criminal causes the Jury is mode 'Judges both of the law and the facts. Such, however, is not the rule In this court. Here the court pronounces the law, and It is your duty to accept and apply it to the case as given to you by the court. You are 'the sole judges of the facts and any statements of fact made by the court are not controlling upon you. If any. such statements are made they are intended to Invito your attention to the matters of fact which the court deems Important, and not for the purpose of controlling your Judgment. UNLAWFUL BANK ACCEPTANCES. The business of banking cannot be safely and successfully conducted except by the e'xercise of care, diligence and good faith. The funds intrusted to banks represent the scanty savings of the poor men and women of the country as well as the larger accumulations of the rich; and their preservation from loss by careless and improvident loans constitutes a trust of the most sacred character. No officer of a bank has any right to hazard the loss of such trust funds by making loans of them to parties of doubtful solvency or upon doubtful securities. The acceptance by any officer of a bank of a bill of exchange or draft is an unlawful act unless it 13 drawn in good faith against actually existing values. No otticrr of a bank has any right to accept any bill, draft cr other ixiper and give credit therefor on the books of the bank as cash, credit unless such officer, at the time of its acceptance, honestly believes such bill, draft or pap:r to be the actuil equivalent of a like amount of mov ey. The security of business and me preservation of the people from loss and Injury demand that there should be a vigorous enforcement of these salutary principles of trood faith and honest dealing on the part of the olilcers of the bank. In order that you may bettsr understand the case and apply the facts established by the proofs to the law governing it. It Is proper that the court snould give you a brief explanation or definition of the several offenses with which th2 defendants stand charged. They are charged with having aided and abetted one Theodore P. Haughey, president of the Indianapolis First National E3nk, In doing various acts and in the commission of various offense in violation of Section 529 of th2 Revised Statutes of the United Stites. T.iis section Is as follows: "Section 520). Every president, director, cashier, teller. cJeik or agent of any association (meaning national hanking association) who embezzles, abstracts or wil'fullv tnUiprUe3 any of ths money?, funds or credits of th association; or who, without authority from the directors. Issues or puts in circulation any of the notes of the association; or who. without such authority, issues or puts forth any certific e of deposit, draws any order or bill of exchange, - makes any acceptance, assigns any note, bond, draft, bill of exchange, mortgage, judgment or decree; or who m2k"s any false entry In any book, report or statement of the association, with intent. In either case-, to injure or defraud the association cr any other company, body politic or corporate, or any Individual person, or to deceive any officer of the associition. or any airent appointed to examine t;- afTairs of any sucn association; and .;very person, who with like Intent, aids cr a'r.t-4 ary officer. cl?rk or agent in any v!lton of this section, shall be deemed guilty of a misdemeanor, and shali be impr ..jned not less than live years nor more th-n tT-r." " It Is Unnecessary to notice or enumerate all the different acts which this section describes and makes criminal. It will be sufficient to direct your attention to those offenses 'In the commission of which the defendants stand charged with aiding and abetting-. The indictment, which contains forty-six counts, charges the defendants .with aiding and abetting in only two classes of the criminal acts .enumerate! and described In the statute. They are charged with aiding and abetting Theodore I. Haughr-y, president of the Indianapolis National Hank, in the willful misapplication of the moneys, funds and credits of the Indiannpolls National Rank, with Intent to convert the same to the use ami benefit of the Indianapolis Cabinet Company, and also with ai ling and abetting said Theodore P. Haughey as such president in making or catislng to be made certain false entries in the books of the bank with intent to injure and defraud. EXPLAINING THE CHARGES. The first thirty-six counts In the indictment charge the defendants with unlawfully and knowingly aiding and abetting Theodore P. Haughey, president as aforesaid. In various offenses of willfully misapplying the moneys, funds and credits of the Indianapolis National Bank for the use and i benefit of the. Indianapolis Cabinet Compar.y. They charge, in substance, that one Theodore I. Haughey, a president of the : Indi:na;ydl3 National liank, who had : been intrust d by its bcanl of directors w!th the custody, control and management i oC the moneys, funis and credits of the bank, which cam: had been duly organized under the national banking act, and wan engaged in carrying on a banking business under and by virtue thereof, did, on the firt day of January. 11. and at various times, as set forth in the several counts r.bove named, between that date and the th day of July, 1S33. at the place ; n 1 in th-? manner In said several counts rftcd. unlawfully and willfully u-Lsapidy the moneys, funds and credits of

said banking association without authority of its boara of directors and with intent' to convert the same to the use and benelit of the Indianapolis Cabinet Company; that such willful misapplication consisted In cashing, discounting and paying for the use and benefit' "of the Indianapolis Cabinet Company out of the moneys, funds and credits of said banking association a large number of worthless notes, drafts and bills of exchange drawn hy and upon various insolvent persons, firms, companies and corporations: and also in paying out of the moneys, funds and credits of said banking association a large number of checks drawn upon It by the Indianapolis Cabinet Company In favor of divers persons, firms and corporations when said cabinet company had no funds on deposit in said bank upon which to draw, and when said cabinet company was known to be insolvent all of which said moneys, funds and credits were so willfully misapplied by the said Theodore P. Haughey with inient to Injure and defraud said banking association. And it Is chargel. in substance, in each of said counts, that Francis A. Coffin. Percival If. Coffin and Albert S. Heed did unlawfully, knowingly and willfully, and with Intent to Injure and defraud said banking association, aid and abet the said Theodore P. Urughey to - unlawfully and willfully misapply the moneys, funds and credits of said Indianapolis National Bank. as charged in said several counts ot the indictment. The counts from the seventeenth: to the twenty-third, inclusive, are general. Those from the seventeenth to the twentythird, inclusive, charge the willful misapplication of the moneys, funds and credits of the bank In the manner and bv the means Just stated to the extent of 5375. WO; and those from the twenty-fourth to the thirty-sixth, inclusive, charge the willful misapplication of moneys, funds and credits of the bank to the extent of SmW.OCO to and for the use and benefit of the Indianapolis Cabinet Corypany. The other counts of the indictment, which relate to the willful misapplication of the moneys, funds and credits of the bank, sixteen In number, charge specific and particular acts of willful misapplication. They are too numerous to be analyzed and noticed in detail. Nor is this necessary, as you will have the indictment with you when you come to deliberate upon your verdict, and you can then examine the several counts in the Indictment so far as you may find It necessary to do so. MISAPPLICATIONS NOT CRIMINAL. The willful and criminal misapplication of the moneys, funds and credits of a national bank by Its president, as defined in Section 5209, does not Include every wrongful or unlawful misapplication of such moneys, fund or credits. There are some unlawful misapplications of the moneys, funds and credits of a national bank which are not made criminal, and which are not Included In the statute on which the present indictment is based. For example, the statute relating to national banks provides that the amount borrowed from such an association by any person, corporation or company shail at no time exceed one-tenth of the capital stock of such association actually paid in; and that no such association shall make any loan or discount on the security of Its own capital stock, or be

the purchaser or holder of such shares, unless such security or purchase shall be necessary to prevent loss on a debt previously contracted; and that no such association shall purchase or hold real estate except for certain specified purposes. Now, if tho directors of a national bank should permit an individual or company to borrow at one time a num in excess of one-tenth of its capital stock actually paid in, or should purchase Its own capital stock or real estate contrary to the provisions of the law, such acts and expenditures would be unlawful and unauthorized applications of the funds of such association. The remedies provided by the law for such wrongful expenditures or such unauthorized use of its funds by the direction of Its board of directors, although made for the account and benefit of the bank, are a forfeiture of all the rights, privileges and franchises of the association, and the personal liability of every director who participated in or assented to such use of the funds of the bank, for all damages the association, its shareholders or any other persons may sustain In consequence of such unauthorized application. The willful misapplication of moneys, funds and credits of a national bank which is made criminal by the above section of the statue is a misapplication knowingly and willfully made by the officer charged, either for his own use and benefit or for the use and benefit of some person or company other than the banking association whose moneys, funds or credits are taken. To constitute the crime of willfully i misapplying the moneys, funds ,or credits or a national dojik mere must oe a wrongful appropriation or conversion of the moneys, funds or credits of the bank by the party charged in this case the presidenteither to his own use or to the use of some person or company other than the banking; association, with intent to injure and defraud such association or some other person or company. In all the counts of the indictment relating to this offense the defendants are charged with unlawfully and knowingly aiding and abetting Theodore P. Haughey, the president of the Indianapolis National Bank, in willfully misapplying the moneys, funds and credits of said bank without the authority of its board of directors, by converting the same to the use of the Indianapolis Cabinet Company in the manner already stated, and with the intent to injure and defraud said bank. In order to constitute the. offense cf willful misapplication by Theodore P. Haughey it is not necessary that he should have been previously in the actual possession of such moneys, funds or credits under or by virtue of any trust, duty or employment specially committed to him. The statute makes it a criminal offense for the president of a national bank to willfully misapply its assets. Such willful misapplication may be either for his own use or for the use and benefit of some company or person other than such banking association. It is not necessary to the commission of this offense that the officer of the bank who makes the willful misapplication should derive any personal benefit or advantage from the transaction. When the moneyss funds or credits of the bank are unlawfully taken from its possession and willfully 'misapplied by converting them to the use of any person or company other than the bank, with intent to injure and defraud, the offense described in the statute has been committed. The criminal acts charged against Theodore P. Haughey may be done directly and personally by him. or they may be done indirectly through the agency of others. IF THEY ABETTED HAUGHET. If Theodore P. Haughey had such control, direction and power -of management by virtue of his relation to the bank as to direct an application of its funds in such manner and under, such circumstances a to constitute the offense of willful misapplication, and he actually made such direction, or caused such misapplication to be made, he is equally sullty as if it was dene by hl3 own hand. If. therefore, it is shown by the proof beyond a reasonable doubt that Theodore P Haughey, as president of the Indianapolis National Bank, did willfully misapply the moneys, funds or credits of the bank, as charged and described in the several counts of the Indlotment relating to that subject, by cashing, discounting and raying for the use and benefit of the Indianapolis Cabinet Company, out of the moneys, funds and credits of said tank a large number of worthless notes, drafts and bills of exchange, known to h!m to be worthless, drawn by and upon various insolvent perrons, firms, companies, and corporations, and by paying out of th moneys, funds and credits, of th bank a large number of checks drawn upon it by the Indianapolis Cabinet Company in favor of divers persons, firms and corporations when sal I cabinet company had no funds on deposit against which to draw and he cashed or caused such checks to be cashed for the use anl benefit of said cabinet companv without the authority of the board of directors of said bank, with the intent to injure anl defraud said bank, then he- would b2 guilty of the offense charged. And if the defendants, Francis A. Coffin, Percival B. Coffin and Albert S. Reed, are shown by the proofs beyond a reasonable doubt to have unlawully and knowingly and with the like intent to injure and de'raud sill bank, aided and abetted the sa'd Haugt-ev, knowing him to be the president cf the bink. In unlawfully and willfully is applying the moneys, funds and credits cf said bank by converting the sam t" the use nnd benefit of the Indianapolis Cab net Company, as charged In the several counts of the indictment relating- to tht subject, then they are guilty of the offense charged againt them. The particular acts of misapplication described in the several specific counts must he established bv the proofs as th'rein respectively charred. If. however. thfr r" any willful misapplications shown by the evidence which are not covr'd l,y the sneeM and soc'fc counts, they may be included under the general counts -nd a verdict rendered thereon ac-crlln?lv. On the counts for wl'lful misiDo'lcation th ouestlons for vou' o determi'-o -r: Did Theoder? P. Harsh y. as prcr!dant o th Indianapolis National Tank, unlawfully and knowincly and with intent xr. inlure and defraud said bank a? charged and described in the several counts of te indictment relating to tint subject willfully mlsapnlv the moneys, funds and credits of said bank by cash'n. discounting and pnying for the use and herein of the said Indlanaoo'is Oab'ne: Company out of th moneys, funds and credits of the bank, without authority from Its board of directors, any note, drafts or b'lls of exchange drawn by ant upon Insolvent persons, frms and rripanlcs. knowing fuch notes, drafts r,r Hn of exchange to be' worthless? If he aid.

he has committed the offense of willful misapplication as charged and described in the several' counts of the Indictment relating to that subject which have b??n established by the proofs. Did Theodore P. Haughey, as president of the Indianapolis National Bank, and with intent to injure and defraud said bank, as charged and described In the several counts of the indictment relating- to that subject, unlawfully and wlllfulb' misappl: the moneys, funds and credits of said bank by caching or paying, or causing to be cashed or paid, checks drawn upon it by the Indianapolis Cabinet , Company hi favor of various" "persons. firms or comnni when ol,1 rnhlnpt pomnanv Viart

. no funds or credits on deposit against lf A . ... A. . SA wiiicn 10 araw ana wunom aumoruy from its board of directors? If he did, he has committed the offense of willful misapplication as charged and described in the several counts of the indictment re-, latincr to that subject which have been e3tabHbM bv the proofs. Did Francis A. Coffin. Percival B. Coffin and Albert S. Iteed, unlawfully and knowingly, and with the like intent to "Injure and defraud said bank, aid and abet said Haughojr. knowing him to be the pres'dent of said bank, in unlawfully and willfully misapplying the moneys, funds and credits of Faid bank as charged nnd described In the several counts of the Indictment relating to that subject, which have been established by the proofs? If they did. thev have committed the offense of aiding and abetting in the willful misapplication of the monevs. funds and credits of said bank as described and charged in the several counts of the indictment relating to that subject which have been proved. REASONABLE DOUBT QUESTION. If the government as to any count or counts of the Indictment has failed to prove the allegations therein contained to your satisfaction beyond a reasonable doubt, it will be your duty to find the defendants not guilty as to such count or counts. If, however, you are satisfied beyond a reasonable doubt that Theodore P. Haughey is guilty of the willful misapplication of the moneys, funds and credits of the Indianapolis National Bank, with intent to injure and defraud said bank, as charged in the count or counts of the indictment relating to that subject, and tii.it the defendants unlawfully and knowingly, and with the like intent, aided and abetted said Haughey in such willful misapplication, as charged in such count or counts, then you ought to find the defendants guilty as they stand charged in such count or counts of the Indictment. You may find the defendants . guilty upon all of the counts of the Indictment If you are satisfied beyond a reasonable doubt that the proofs Justify it; or you may find the defendants guilty upon one or more of the' counts of the indictment and not gulltv upon the others. You may find all the defendants guilty or not guilty; or you may find some of them guilty and others not guilty. Before you can find any one of the defendants guilty, you must be satisfied of his guilt as charged in some one of the counts of the Indictment beyond a reasonable doubt. In order to make the defendants liable as alders and abetters as charged in the indictment. It is necessary that they should be proved to have done or said something showing their consent to and participation in the unlawful and criminal purpose of Theodore P. Haughey, and contributing to its execution. FALSE ENTRIES COUNTS. We come now to the offense of aiding and abetting In making or causing to be made false entries in the books of the bank. The counts of said indictment, from the thirty-seventh to the forty-sixth, inclusive, charge the defendants wdth aiding and abetting Theodore P. Haughey in making certain false entries '.n certain books of the bank. The thirty-seventh count charges, in substancek that Theodore P. Haughey, being the president of the Indianapolis National Bank, which had been organized and was carrying on a banking business under and by virtue of the national banking act, with intent to injure and defraud said bank, did, on the 30th day of March, 1892, unlawfully, knowingly and willfully make and cause to be made in a certain book of 'the bank, under the account of the Indianapolis Cabinet Company, and in the credit column, a certain false entry, to wit: $20,4S0.76, which entry purported to show and did indicate and declare that the Indianapolis Cabinet Company had, on said day. deposited in said bank moneys, funds and credits in the sum of $20,480.76, and was entitled to credit therefor upon the books of the bank; that said entry was false as said Haughey well knew, because said cabinet company had not on said day deposited said sum with said bank and was not entitled to credit therefor in said book of said bank, but was entitled to credit for a less sum, to wit:-$17; 450.76 more or less, the exact amount 'being unknown to the grand Jury. And the defendants are charged with unlawfully aiding and abetting said Haughey with like intent, in making such false entry. The thirty-eighth count relates to the same false entry as charged and described in the thirty-seventh count, and differs from it in no material particular ex-c-pt in charging that the false entry was nif.de with intent to deceive any agent appointed or to be appointed by the Controller of the Currency to examine the affairs of the bank. And the defendants are charged with aiding and abetting said Haughey w 1th like intent In making said false entry. The thirty-ninth count differs from the thirty-eighth in no important particular except in charging that a false entry was made in a certuin book of the bank on May 9, 2 81)3, purporting to show a deposit in said bank to the. credit of the Indianapolis Cabinet Company of $41,000 when said cabinet company had not on said day deposited said sum or any part thereof, with intent to deceive any agent cppolnted or to be appointed by the Controller of the Currency to examine the afJXUirs '.-I Euiu iui: rv. iiiiu v- . v-........... ""r charged with aiding and abetting said Haughey with like intent in matting. &aiu false entry. The fortieth count differs from the thirty-ninth only in charging the false entry to have been made with Intent to injure and defraud said bank. The fortyilrst count charges a false entry in a book of the bank purporting to show a deposit to the credit of the Indianapolis Cabinet Companv to have been made in said bank on tne 6th day or January, ui of 23,009.C4, when said sum was not, nor was any part thereof, deposited in said bank on said day, with intent to injure and defraud the banK. And the defendants are charged with aiding and abetting saidHaughey with like intent In 'making said, false entry. The forty-?econd count relates to the same iaU-e entry described in the forty-first count and diners from it only in charging the intent to have been to deceive an agent appointed or to be appointed bv the Controller of the Currency to examine the affairs of the bank. The fortythird count charges a false entry in a boo of the bank purporting to show a deposit to the credit of tho Indianapolis Cabinet Company to have been made in said bank on the 5th day of January. of the sum of $2,723.10. when said sum was not nor was any part thereof deposited in said bank on said day, with intent to injure and defraud said bank. And the defendants are charged with aiding and abetting said Haughey with like intent in making said false entry. The forty-fourth count differs from the forty-third count only in charging the false entry to have been made with Intent to deceive the agent appointed or to be appointed by the Controller of the Currency to examine the affairs of said bank. THE FORTY-FIFTH COUNT. The forty-fifth count charges a false entry In a book of the bank purporting to show a deposit of $13,273.09 to have been made In said bank on the 17th day of September, 1S02. to the credit of the Indianapolis Cabinet Company, when, in 'truth, the said cabinet company was entitled to credit for a less sum. that is to say, for the sum of $3,000, more or less, the exact sum being unknown to the grand Jurors, with intent to injure and defraud said bank. And the defendants are charged with aiding and abetting said Haughey with line Intent in making said false entry. The forty-sixth count relates to the same talse entry described in the forty-fifth count, and differs from it only in charging the iment to have been to deceive any agent appointed or to be appointed by the Controller of the Currency to examine the affairs of said bank. The charges touching the subject of false entries in the books of the bank will need but little explanation. Any entry on the books of the bank which is knowingly and purposely made to represent what is not true, or does not exist, with intent either to deceive the officers of the bank, or to defraud the association, or to de celve am officer appointed to examine the affairs of the association, is a false entry within the meaning of th-statute making It ii .cnm.ru offense. It may be done persouady or bj direct'on If - the false entry is calculated to deceive or defraud, the making or causing it to bo made in the books of the - bank with intent to deceive or -defraud is all that is necessary to bring the act within the meaning of the statute making it a criminal offense. The circumstance, that the attcrnt to deo?ivo was not uone in au adroit or sKillfui manner Jrfl??;r.rel1 tr- act of its criminal character; nor will S fact that the fal,ity f the jny could be easily detecttd or exposed -by Inquiry, or by the examination o. othr U, or nan-rs render such false entry any 1heriePs.Pc"minal if made with infnt to deceive cr defraud. In order to prova Theodore P. Haughey gulKy cf making false entries in the books of the bank it Is not necessary to show- that th? fals? entries were made by his own hand or In his presence; if the proof establishes o your satisfaction that the entries r-re In fact false In the particulars charged, and

that they were made by some clerk or bookkeeper - under or In pursuance of the directions of Theodore P. Haughpy for the purpose of fraud or deceit, tht will be sufficient to make the act Or acts his own, and to constitute tne offense described in the statute. If an entry was made in the books cf the bink fhow.rg that a certain sum of money had teen deposited in the bank to th? credit of some person or corporation when in tr ;th and In fact no such deposit had been made and no such creiit nctual'y existed, such entry, if made with the intent to deceive or defraud, would constitute a filse entry. So. If commercial papr known to be valueless was knowingly and purposely received and accepted by said Hauphey as president of the Mnk without authority from its board of directors as solvent commercial paper, he knowing it to be valueless, and the' person or company so negotiating such paper sheuld by his direction be riven a cash credit cn the books of the bank for the fac? amount. of such valueless pip r with Intent to deceive or defraud, such an entry of credit would constitutea false entry. If the pres'dent of a national bnnk in the" honet exe-c'se or official dis-retion, in good faith nnd without frai:d. makrs loans or discounts for the actual or supposed alvmtace of the bank, there is no criminal llabTtv, .!- though the transaction may be inj-sdicious pnd unsafe, and actually result in loss or damage to the bank. But If such 'oans discounts are made in bd faith for the purpose of pain or advantpre to sorre other person or company, ard not therefore in the honest exerrdse of official discretion, the officer making then pass the line dividing honesty and dishonesty and his action is criminal anrt punishable under the statute if done with intent t inlure or defraud the bankincr association. Theodore P. Haughey, between the meetings of the board of directors had authority, by virtue of his official pasUIon as president of the bank, and by virtue of the authority given him by the board of directors to make bona fide loans of the bank's funds and to make discounts of piper offered to the bank for discount, and he had authority to have the amounts of such loans and discounts placed to the- credit of the borrower. But this authority to make, direct or sanction loans and discounts extended only to legitimate trans ictlons. honestly intended for the benefit of the bank. Ioans or discounts made on credits g-iven in bad faith for the purpose of defrauding the bank or to. enable him to convert the moneys, funds or credits of the bank to the use and benefit of another would be an unlawful and criminal exercise of authority. The form of a loan or the piving of credit upon the books of the bank may be adopted as a cover and pretense to conceal a fraudulent transaction; and. when resorted to for that purpose, and the moneys, funds or credits of the bank are withdrawn by such means and converted to the use of another person or company whereby injury results to the bank, he is guilty of a criminal act. FORMS OF FICTITIOUS CREDIT. A false and fictitious credit given to any one on the books of the bank is, in Judgment of law, no credit at all. It confers no rights in favor of the party to whom it is given, nor does it impose any obligations on the bank. The form which such a transaction may take, the methods adopted to reach the fraudulent ends, or the instrumentalities employed, whether consisting of one act, or a succession of acts, to accomplish the 'fraudulent purpose, in no way changes or alters the character of the act. The law looks through all forms, devices or contrivances to the results. No form of paper, and no system of bookkeeping, however cunningly devised, can sanctify fraud or give It validity. If, therefore, fictitious or fraudulent credits were plven upon the books of the bank to the Indianapolis Cabinet Company, it thereby acquired no right to the funds of the bank represented by such credits. A credit upon the books of the bank to be valid and create the relation of creditor and debtor between the Indianapolis Cabinet Company and the bank, must represent value received by the bank in the shape of money, or what i3 honestly deemed to be the equivalent of money. It must represent a bona fide indebtedness of the bank. Such a credit on the books of the bank, obtained by the unauthorized acceptance of valueless paper, or by credits fraudulently given, without some valid consideration passing to the bank at the time, is no credit in a legal sense, and when the funds of the bank ara drawn out upon such credits, they are wrongfully obtained. Therefore, if the Indianapolis Cabinet Company obtained credit upon the books of .the bank by making and negotiating to it notes, drafts or other paper which Haughey and the defendants knew did not represent actual values, wdth intent to defraud the bank, such credits gave the cabinet company no right to moneys represented by such credits. Before you can find Theodore P Haughey guilty as charged in the indictment, of willful misapplication of the moneys, funds and credits of the bank, or of making or causing to be made false entries in the books of the bank, you must be satisfied that such willful misappllcatlon and such false entries were made as charged, with intent to injure and defraud the bank, or some officer or person as alleged In the indictment; and before you can find the defendants guilty you must be satisfied 1 that they unlawfully and knowingly, with like intent, aided and abetted the said Haughey in making or causing to be made such willful misapplications, and in making or in causing to be made such false entries. THE BRANCH CONCERNS. If you should find from the evidence that articles of association were from time to time filed by the defendants in accordance wdth the statutes of the State of Indiana for the creation of corporations within such State, under the statute of the State, providing for the incorporation of manufacturing companies, then, as matter of law, such corporations were thereby created, even though you should find that nothing was paid into the treasury of such corporation as capital stock, and on such facts such corporation would not be a fictitious person. But if such corporations were organized by the defendants not for the purpose of legitimate business, but as mere instrumentalities for the criminal purpose of wronpfully and unlawfully obtaining money from the Indlanapoll3 National Bank for the use and" benefit of the Indianapolis Cabinet Company, then the fact that such corporations were organized with legal formality will not aid the defendants. LJv the statute of limitations the defendants cannot be" convicted of any of the olfense charged unless the same are shown to have been committed within the three years next preceding the time of the finding and return of the indictment, which was on the 21st day of December, 1S03. Kvery person Is presumed to Intend the natural and ordinary consequence of his own acts. Hence, if the natural and ordinary consequences cf the acta of Haughey and the defendants, as shown by the evidence, were to injure and defraud the bank, or to deceive and defraud any ofllccr of the bank, you will be authorized to find that such was 4heir intent, even though they may have been Injured thereby. I do not wish to be understood as meaning that the intent to Injure; deceive or defraud is conclusively established by the simple proof of the doing of the prohibited acts which result in injury. What I do mean Is this: That when the prohibited acts are knowingly and intentionally done, and their natural and legitimate consequences are to produce injury to the bank, or to benefit the wrongdoer, the Intent to injure, deceive or defraud is thereby sufficiently established to cast on the accused the burden of showing that their purpose was lawful. and their acts legitimate. The indictment contains charges that divers persons, firms and corporations wer? insolvent. In a commercial sense a person or corporation is said to be Insolvent TL-hr i. not able to rav in the ordinary

course of business the obligations which his creditors may enforce by recourse to legal measures, even though his estate when wound up may prove sufficient to pay all his debts. In a larger and more usual sense a person Is said to be insolvent whose estate, when wound up, is not sufilcient to pay bis iebts in full. In this case if you are satisfied that the Indianapolis Cabinet Company, or any other persow, firm or corporation alleged to have been Insolvent at the time charged had - not sufficient property and assets to pay its debts in full if wound up,, then such person, firm or corporation was insolvent. THE PLANT VALUE. Evidence has been introduced in regard to the value of tho plant and other property cf the IndHnapolIs Cabinet Ccmpa-.y, during t'-ie time covered by the in lictment. This value is to be measured not by what the property would bring at a forced sale, nor at a fancy price which xnight be placed upon it by the owner cot wishing to sell. The true criterion is its market value, and the mirket value of prop?rt 13 the price which it will bring wh?n It iJ offered for sale by one who desires, bu; who Is not obliged' to Fell, r.n 1 Is bought by one who is under no necessity cf having it. In . estimating its vakc ail ib? capabilities cf the property and ail the use3 toswhlcii it may be applied are t be conslred. TeUeJ by thess p'Ir.c!p!es would the plant and other property of the Indianapolis Cabinet Company have sold for enough to have paid its debts In full? If not, the Indianapolis Cabinet To Justify you in returning a verdict of guilty, the evidence raust ba cf suca a

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33 and 35 South Illinois St.

character as to satisfy your judgment to the exclusion of every reasonable doubt. If, therefore, you can reconcile the evidence with any reasonable hypothesis consistent with the defendants Innocence, it Is your duty to do zo. and in that case find the defendants not guilty. And If, after weighing all the proofs and looking only to the proofs jou Impartially and honestly entertain the belief that the defendants may be innocent of the offenses charged against them, they are entitled to the benefit of that doubt and you should acquit them. It is not meant by thi3 that the proof should establish their guilt to an absolute certainty, but merely that you should not convict unless, from all the evidence, you believe the defendants are guilty beyond a reasonable doubt. ; Speculative notions or possibilities resting upon mere conjectures, not arising or deduclble from the proof, or the want of it, should not be confounded with a reasonable doubt. A doubt suggested by the ingenuity of counsel, or by your own Ingenuity, not legitimately warranted by the evidence or the want of it, or one born of a merciful Inclination to permit the defendants to escape the penalty of the law, or one prompted by sympathy for them or those connected with them. Is not what is meant ' by a reasonable doubt. A reasonable doubt, as that term is employed in the administration of tho criminal law, is an honest, substantial misgiving, generated by the proof or the want of It. It Is such a state of the proof as fails to convince your Judgment and conscience and satisfy your reason of the guilt of the accused. If the whole evidence, when carefully examined, weighed, compared and considered. . produces in your minds a settled conviction or belief of the defendants guilt such an abiding conviction as you would be willing to act upon in the most weighty and important affairs of your own life, you may be said to be free from any reasonable doubt, and should find a verdict in accordance with that conviction or belief. You are the Judges of the weight and credit to be given to the testimony of the witnesses. You ought fairly and impartially to consider and weigh all the testimony given in the case. In determining the weight and credibility of the testimony of any witness you have a right to consider his bias or prejudice, if any is shown, his Interest in the result of the cause, his intelligence and- candor and the knowledge which he Is shown to possess touching the matters about which he testifies. CLOSING INSTRUCTIONS. . The indisputable evidence shows that the offenses charged In the indictment, .if committed at all, were committed in the State of Indiana and wdthin the Jurisdiction of the court. It is undisputed that Theodore P. Haughey was, during the period of time covered by the Indictment, the president of the Indianapolis National Bank; that said bank was -a national bank, duly organized under the national banking laws, and was engaged in the business of banking during the period of time covered by the indictment, and that It had an authorized capital stock actually paid In of $300,cxxj. it is also shown that Theodore P. Haughey, as such president, had the entire custody, control and management of the affairs of the bank, and that the directors of the bank gave him no authority to do or commit the various alleged criminal acts charged against him in the indictment. It is further proved that 'large sums of money were obtained from the bank by the Indianapolis Cabinet Company by means of notes, drafts and bills of exchance which are now wholly or partially valueless. It is also shown that various sums of mony were obtained from the bank by means of checks drawn upon it by the Indianapolis Cabinet Company, which were presented to and cashM by the bank out of it moneys and funds when said cabinet company had no funds on deposit with which to pay such checks. The evidence shows that the defendants organized a number of corporations, ostensibly for the conduct of business in this city, in Richmond, Ind and In the cities of Boston, New York and London, England. These corporations seem to have had little substantial capital nnd to have been usl as mere instrumentalities for furthering tht? purposes of the defendants as the corporators and owners of the Indianapolis Cabinet Company. It will be for you to determine whether they were organized and conducted as legitimate corporations or whether they were intended to be used as Instrumentalities to more succe?sfully obtain moneys, funds and credits from the Indianapolis National Bank. It Is c!alm:d by the government thit these corporations were merely colorable, nothing mora than names, and were organized as devices to enable the defendants to obtain rmney from the bink for th us; of the cabinet company. It is claimed that tnese corporations had little cr no assets that they were Insolvent at all times, and tnat pjper drawn or accepted by them was valueless. It Is also claimed that Haughey and these defendants knew thlr financial condition, and that paper drawn or accepted by them did not represent exIstlns values. Carefully weigh all the evidence In the case and from it. under the rules of law which I have given you, determine the guilt or innocence of the defendants. When you retirr to deliberate on your verdict select one of your number to act as your foreman. When you have agreed upon a verdict let your foreman slsrn it and then return it Into open court. Forms of verdict will be furnished for your usa. And now, gentlemen of the Jury, thanking you for the patiencs and attention that you have bestowed upon this case, the court leaves the determination of it in your hands. HISTORY OP Tim CASK. " The Suiinennlnn of the Dnulc and the ItotteuncfcK Unearthed. The failure of the Indianapolis National Bank was one of the most rottei' that ever occurred in this city. On the night of July 21, 1SD3, after midnight, it was known to a few persons, among them members of the Journal staff, that the bank eoufcl not open Its doers the next morning. On the morning of July 23 a placard was hung upon the door at the bank announcing its suspension. The true state of facts ia connection with the failure was slow in developing, and the first reports after the suspension were to the effect that the; bank would pay dollar for dollar. This fonddelusion was nursed for a few weeks, ana then It became . apparent that the bank had con. paraUvely bo asseU at aJL It was about

IPTPJP J h C lis i P.IIRPR PtrmnnenUj GUARANTEE CIVEN. XO XAI. 0 t"lTTI. !VO UlAOI IMtAWTV. 2500 Cared by this Methol. Examination free. Call or write for circular. DR. J. A. G0UIH60R C0.'Ml. TT'.i South Illinois street. Itooms 5 to a, Indianapolis. two weeks before the extent of the in Ki t,, edness of the cabinet company waa p. tively knovn. On Aug. 6, 1833. revelations were nu and It then became known for th i':r.t time that the debt of the cabinet cuin; u.r.y to the suspended bank ran into th- hundreds of thousands of dollars. It was at first reported that the debt amounted to f400,000, but this was subsequently phowa to be a mistake. Two days later th Ks;t for the appointment of a receiver i"r the company was filed in the Circuit Court ly Addison C. Harris, acting as attorney f. r Newton Todd, who alleged that the company was Indebted to him some thins: r Jl.OOO for unpaid premiums upon inurarr The proceedings In the case were very brief, and F. A. Coflln testinM upon the witness stand at that time that the company was hopelessly insolvent. The InJiana Trust Company was appointel receiver. After the receiver took io.-esHi.ja all the books, papers and correpon kr.re of the company of every description ar.l all its branch concerns that were locate 1 here were opened to the inspection f U.-i receiver of the bank and clven int h.j possession for examination. The careful examination of all the books was immediately begun. The investigations proceeded until Aug. 21, when it was thought su!!k-i-r.t facts had been developed to warrant the arrest of the Coftins and Iteed for aihr.; and abetting In the wrecking of the lark. In the meantime Investigations lr.to thd conduct of President Haughty had on, and it was found that he and his Schuyler Haughey. had abstractel I art--3 sums from the bank In operations with the giue and the curled-hair works. On the evening that the Cothns wer arrested both the Haugheys were also arretted by Marshal Hawkins and his dj:jt:s upon warrants issued by I'nired Stat-a Commissioner Van Buren. All of th ar rested persons gave bond for tlu-ir appt.irance, and were held for the action th? grand Jury. The investigations of the rra-1 Jury were extensive, and wltnes.--. fr summoned before It from New York, ston, Chicago and other places out-:!1 th-? State. The whole operations of the o.-.i-'ru : company within the statute of litn tat r:J was gone over, and on Dec. 2. Jut i -:r months after their arrest, these t.nre- defendants were indicted for aiding and ah tting Theodore P. Haughey In rnisa; ; the funds and Tdlts of th bank. .t. i fr aiding and abetting him in makinc f.dentries upon the books of the hir.k. T..e Indictment against these ".hre? def-n hint was Joint, and contained fifty eo ints. !'. ah the Haugheys, R. 13. F. i'eirce ir-! i;..r Rexfcrd. of the bank, were also ir. Li 1 at the same time. The oo:id5 of ai! v. :-; renewed. On Monday. April 9. T. P. Hvhry pleaded guilty to tiv of the counts -r.?t him. and on the following l.iy :h e-? apainst the Coffins and Rvd v;i -'!'' I for trial. The trial prop!?l Till Ai r.; 1.. when it was Interrupted bv the s:. ...: :: of A. C. Harris, chief counsel i.r defense. It was resumed on April 2. aril on the following day was again intrru;-!-1 1 the discovery of the attempt of j-ror Armstrong to secure a bribe. Arniftr is nw serving a term of eighteen months in the penitentiary for his offense. The j ;ry 3S discharged, and the second trial 1-;-in on May 1, and has continued from d..y to oay since that time. f.I Impugn nt lh Defendant F. A. Coffin Is a than of strikir. s, o I i - ance. His countenance Indicates hir.i f be a man with a wonderful force of character, and his endurance throve:. ) :t this trial demonstates him to be a iv.an of tl nerves. He appears to be about thirty-r.vo years of age, and he has an ;u-?i i . but the look is deceiving, if c-r.e r : 't Judge from his demeanor during tho ent trial. He dresses plainly b :t r.e..i'y. and tastefully; wears glasses at tir.i ;t. 1 parts his. hair in the middle. He h recently resided at the' home of hi tath-r-inlaw, John Roberts, No. CIS N rth Ahbama street. P. B. Collin, the younger of th - tw. 's twenty-nine years of age. He 1- a i ' below the medium in height :i I vt-r" slightly above the averac in wtdrht. l 9 bearing Is hardly as dignifl as thit . f elder brother, and one would j ;; r . t h 1 rn with less hesitation than the e! I. r. I.'k his brother his demeanor throughout thprogress cf the trial has be. n c-y.:rt-,.;:i and polite to all persons c7r.net.-l with :t in any capacity whatever. I'e ha- u:.M recently resided with l is family at -N W North Pennsylvania street. , . Albert S. Heed resides at 4"; North Lt street. He Is a man of about hfty v- -- wears a sandy mustache and poatee. U:s face plainly shows the strain that he .its undergone uurln the trial, anl during tr.? last day of the trial had a b flush. The suspense sems to be U''r-J upon him. and it is doubtful if he u rill aide to endure it were it much lur.ctr ca tlnued. On Fifty Ceiifn Worth of i: Itleiu'c. The smile of John S. Duncan, cr.e of the counsel for the defense ia the !i:k case, which has Just come to a c! sc u the federal court, is rroverblal. A '' d3-3 a k"o Mr. Duncan was seated at , h tab!e In the court room Mst.r.inr t tiargument of opposing counsel and an unusually serious lk cversprea 1 his fi This was observed by two persons lr the rear of the room an 1 led one of them to remark to the other tht it was tin? to see that look of concern vi;vn Mr. Pn "Well." "replied the other. "I imtf: you would look grave if you had !o a flve-hundre 1-dolhtr speech upon e" eta worth of evidence." 3 PUncs, coca order, at Uryant'

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