Jasper County Democrat, Volume 19, Number 52, Rensselaer, Jasper County, 27 September 1916 — BANK CASES ARE BEING HEARD [ARTICLE]

BANK CASES ARE BEING HEARD

Came Up Before S|»e<*ial Judge Pollard at Fowler Monday. William T. Wilson of Logansport executor of the estate of Daniel P. Baldwin, and E. Grant Hall of Fowler, attorney for William H. Dague, have filed joint exceptions to the report of the receiver filed in the cases of the Citizens’ bank of Ambia and the Bank of Fowler, which went defunct some time ago. The exceptions were filed with Charles R. Pollard of Delphi, special judge. The reports and the exceptions came up for hearing before Judge Pollard at Fowler .Monday. A bitter fight is being waged. The two banks were private institutions and were operated by the late Daniel P. Baldwin Logansport and William H, Dague of Fowler. Both hanks were closed by Auditor of State Bilheimer when the law providing for examination of private banks went into effect on December 1, 1907. The cases have been dragging through court for nine years.

The exceptions to the report in each case charge that the receiver hag not charged himself with the inventory and that his final account is so involved that the exceptors cannot determine in what particulars it is wrong and ask that the receiver be ordered to file a new report according to law. The exceptions are quite voluminous and make serious charges against the : receiver and his attorney. It is charged that the reports are so drawn as to conceal from the court the true state of account and that in a great many enumerated items the receiver has neglected to charge himself with money he hag collected belonging to said trust. It is also charged that he seeks many credits to which he is not entitled; that he has transferred money from one bank to another and seeks credit for such transfers without charging himself when the money is restored. It charges that in his credit claimed for dividends paid to depositors that in many cases no money was actually paid, but that such payment was made by crediting on the notes of the depositor ■his dividend without charging the receiver with the note. The exceptors say that over $20,000 has been paid out to receivers, attorneys and agents for conducting said receivership, and that because said receiver

has mismanaged his trust and used the money that should have been paid depositors in his own- private affairs that he should be charged interest thereon, and that no allowance should be made him for his services.

A change of venue was taken from the late Judge Saunderson and Judge Lairy of Logansport assumed jurisdiction and appointed Willard Elliott of Logansport as receiver of both the banks. McConnell, Jenkins & McConnell of Logansport were and are the receiver’s attorneys, but Albert G. Jenkins has been in charge. About a year ago Governor Ralston appointed the Hon. Charles R. Pollard of Delphi special judge in these two bank casds, and ever since his appointment .fudge Pollard has been doing his best to dispose of the matter and is determined to prpceed with the hearing at once.