Show TRIAL OF W 11 BACON I 1 charged with making false bank entries 9 STAT statements OF ATTORNEYS t prosecution contends that in the books of 0 tho the american national mank bank and in a report keport to the th comptroller the tha De defendant fondant made false eloures riB Tirs I 1 B S hills Test testifies liLes via as to tho the custom of bariks banks in making united states ati attorney tomey on the W atness stand the th era against james jamea 11 bacon ch charged T making a king false entries arged took k up all it toy day yesterday before judge marshall in the united states district diseri C t court beur I 1 the morning session ton waa occupied in gett ilig IL a lury jury as by reason ot of the notoriety ot of the case and tho the prom of 0 the defendant it was ficello what to obtain twelve men who were competent to try the ca case As statements OF ATTORNEYS when e court r convened oid in the noon judge maginnis made the tn opening statement on behalf of 0 tho the prosecution he said that the prosecution expected to prove that tile the defendant had made wits false entries in tin tile books of 0 the the american national bank and in returning a false tal w report to the comptroller of 0 the currency he stated that thai the lh comptroller requires a statement from every national bank of how and in what form any overal existed a a failure to do which would be b a false entry centry he paid fald that whereas a number berof people had overdrawn and owed the bank as shown by the books tor for hla his jovn purposes oes mr dawn bacon in place of 0 BO 90 stating staling to the comptroller ot of the currency reported that they were cepres e by ap pp paper per obligations in the bank ban it whereas there waa as not a scrap ot of to show for or lt it lie he said that they would chow that in thi ilia report it was declared that on december ath the bank was in possession ot of shares of sanitarium stock clock and that on december it was waa the onaner ot of shores shares and that mat tho the r tock stock was earning calming dividends to the amount amoun t of 8 9 to 10 per cent judge mo ala fils said that tile the prosecution would prone that these shares had never been ame in n the batik and that they naver arver had bad earned dividends before or since the making of the report A C ellla elite on behalf of the defendant ell t announced that the detente defense would show that there was an overdraft in ill the bank end and that in the report tho the amount of a part of the overdraft was ch chi treed to loans and discounts instead of overdraft and that it w was to so BO legitimately charged in purba puri sult I 1 t of instructions of jhc thc lh blank egami rl er ile iia said that the defense would show that the bank did have in its possession shares of the sanitarium thock and that thai tills this stock has paid dividend and Is now pit ing them the report rendered by mr bacon to the comptroller of the currency was put in evidence by tho the prosecution CUSTOM CUSTO 11 IA S hills president 0 of f the deseret N national bank as 09 to the cus t ilni ili of tankers in making their reports to the comptroller of the currency find and inn in v hilt hat form overdrafts loans so BC I 1 curit lea land and discounts wore were charged in the report ilia his evidence went to show that tile report rendered by mr air bacon to the comptroller of the currency was irregular Irro eular in many respects ile he stated that mr bacans bacons method 0 of f entering up overdrafts as loans and discounts as not usual and T bould riot not be understood ders der stood t acad by the ordinary banker JUDGE JUDD TESTIFIES judge john lali W judd was tho the next vilt witness ness ile ho identified the report to the comptroller of the currency as 1 in n tho the writing of james 11 bacon he il e stated that the american national bank went out of exis existence in february 2894 and that the assets of the lank bank were turned over to james ill 11 Ilar orl he stated elated that lie he never knew 0 w that the american national ba bank n k owned any stock in the sant sanitarium barium com company pamy asked whether ho he did not net state officially onic lally in a letter to the C comptroller ernp of the currency that such cuch stock wa wai i in the possession of the bank judge judd paid gald that he had signed that letter while at provo without looking at its contents that it was brought him by harvey bacon trial and was signed upon his representation that it was all right 1 I never handled the assets of the bank at all he said 1 I used to go to the bank banic rev BOV erell aral times a week to look over the dally statement mr bacon was tile active manager of the bank and I 1 took hla him word tor for anything and everything in conn conniption tiona wilia the bank tho the letter was introduced in evidence BOOKS OF 01 TUB THE BANK jeremiah schenck was waa coiled and produced in evidence the stock certin cate cala book of the sanitarium company mr schenck requested re permission to seat up nil a portion of the book as it contained business m matters qt lots tho the was accorded t to him lind and the llie book was waa put in w as A an t exhibit X asked to produce tho the ledgers and other books of the bank mr air schenck wald that they were to in tho the poss possession of mr byr bacon tho e prosecution ui pave otice to the defense to product produce tile books in court cobit then adjourned adjourn eil until this morning |