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Cashier Sivley Goes Free. The case of H. F. Sivley, charged with receiving deposits of the defunct Merchants & Farmers Bank at Newton, when it was insolvent, has been reversed Sivley was cashier and had been, sentenced to three years in the penitentiary. Three opinions were read. Justice Cook delivered the finding of the court, Justice Reed concurred, and Chief Justice Smith dissented. The reversal was based chiefly on that feature of the evidence alleging that Sivley accepted deposits on the day .the bank failed, but kept this money separate from the bank's cash, with the. intenton of returning it to depositors in event a closing of the doors could not be avoided. In his dissenting opinion Chief Justice Smith declared that the money was received by the bank in the usual and ordinary way, and became immediately the property of the bank; that the presence or absence of intent to defraud is immaterial, since it is evident that the cashier had reason to believe that the bank was insolvent." Sivley is a son of Mr. and Mrs. W. Baker Sivley, of Jackson, and was born and reared there. His father, who was also vice-president of the bank, was indicted, together with other members of the Board of directors, but these indictments were nolle prossed after Mrs. Sivley paid over to the receivers about $60,000 of the bank's collateral, which it was claimed belonged to her as a preferred creditor.