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Show Judge at Preliminary Hearing Rinds Defendant Over in Sum of $5000. WAS CHARGED WITH FILING FALSE ANNUAL REPORT Habeas Corpus Proceedings Likely for Release of Continental's Conti-nental's President. On the charge of llllng a false report with tho Secretary of State, Hiram Tyrcc, president of the Continental Life Insur-anco Insur-anco and Investment company, was on Wednesday held In bonds of $5000 for trial in tho District court by Judge C. B. Dichl of the City court. Tyrec was already under un-der bonds to this amount, s.gned by S. A. Whitney of McCornlck's bank, und Frank Pierce, of counsel for tho company, which were continued, so that tho defendant was not for a moment hold in custody. Substance of Decision. In announcing his decision Judge Dichl held that tho evidence showed that Tyrco had kept the books of the company open arter filing tho annual report for 1904. thus alTectlng the report of tho company for the year named, while certification hud been made that the books had closed on December 31, 1S0I. Cash Not Straight. Tho court also stated that tho testimony testi-mony was to the effect that a $15,000 certificate cer-tificate of deposit which was counted aa cush of duto December 31, 1MM, was not Issued until January IS, lM5, nnd that tho evidence showed that the various sums stated In tho report ns cash on hand were not properly bo stated. Question of Law. Judgo O. W. Powers, counsel for Tyree, based much of his argument for the discharge dis-charge of the defendant upon the contention conten-tion that the action had been begun un-dir un-dir the wrong provision of tho statute, the offense charged being. If nnything a misdemeanor instead of a penalty. Upon thl3 point the court said: Quotes the Statutes. "Chapter C of the Revised Statutes Is certainly an administrative chapter, designating des-ignating the manner of tho formation of corporations and tho duties of tho officers thereof But section 4121 of chapter 9. of tho penal code, Is distinctly a penal statute, so that If the rule as laid down In section 407, chapter 6, Is not strictly adhered to, then section 4121 of chapter 9 can and should be used to penalize any transgression or'fallure to comply with It, and that strictly. In fact, tho report must be full, truo and complete." Genuine or True. The court, also hold that while defendant's defend-ant's counsel was right In his contention that the report wns genuine nnd not forged the law; also provided that It must be true, that It could be falso and yet not a forged Instrument. Not Question of Solvency. Concerning the question raised by Judge Powers as to an attack upon the solvenoy of the company, tho court said that this did not enter Into the inquiry, as tho caso at bar concerned only tho acts of one of tho officials and In no way had to do with tho financial standing of tho corporation. May Hove for Release Judgo Powers has expressed his Intention Inten-tion of Instituting habeas corpus proceedings pro-ceedings for tho release of his client from tho obligations of tho courfs decision. He believes that a higher court will find that there is no legal ground for binding Tyree for trial In the District court. |