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CITY TRUST'S FUNDS WASTED, SAYS PROBER Prosecutor Wilson Under Fire in Report Filed by Alvah Rucker. (Continued from Page One) gave a judgment in favor of the plaintiffs in a large sum. "On Oct. 22, 1930. the sum of $20,913.78 was deposited in the bank and on the next day the sum of $9,089.72 was SO deposited. All deposits after 10:30 a. m., Oct. 23, 1930, were after banking hours of that day and after it closed, were returned to the depositors making the same Incidentally the sums SO returned were preferences and could be recovered by the receiver from the individuals." Mr Rucker charges the bank was $731,910.73 "in the red at the time it closed its doors. "The company therefore clearly was insolvent when it suspended," the report asserts. The circuit court's investigator then points out Section 2479 of the state statutes as making it fraud and embezzement to receive deposits after insolvency of a bank is assured. "In cases such as these, it is advisable that criminal charges, if returned, should be drawn for conspiracy to violate Section 2479. A charge of conspiracy," says the report, "may be wider in scope and more free from certain technical objections than a specific charge involving only one matter and one person. "Here a conspiracy charge if brought. should allege the union to take the deposits of certain persons stating the names of as many as are known, and the public generally. Rulings Are Cited Comment on this phase of indictments was taken by some as a direct slap at the indictments in the Meyer-Kiser bank case which charge specific transactions instead of a blanket charge as proposed by Mr Rucker's report He cites numerous rulings showing that manual receiving of deposits after a bank has closed its doors is not necessary in the charge of conspiracy to defraud A prosecuting official," continues the report, "who would refuse to indict upon the ground that manual receiving was a requisite, might perpetrate a kindred faux pas in indicting some one for embezzling money or in charging him with appropriating funds to his own use when actually he had appropriated them to the use of another Time Wasted, He Asserts Mr Rucker relates how affidavits which he prepared in the MeyerKiser case had been termed faulty and how later he sent witnesses at "great cost" to various parts of the country to appraise properties. He tells how those witnesses were heard in the Meyer-Kiser case by the grand jury "Then," continues the report, "to the surprise of all. the prosecuting attorney's office drew indictments on an incident only in reference to the Meyer-Kiser bank. wasting the time of your officers, the appraisers, the grand jurors, and I fear of every one concerned or to be concerned with them. 'Why the intrinsic charge should be set aside for an incident, not at all peculiar to banking corporations in general, after all the evidence was or should have been heard by the grand jury on an intrinsic banking offense, seems incomprehensible. No excuse (apparently referring to the prosecutor's office) seems ever to have been offered. "It is my earnest wish that these bank matters, wherein 30,000 to 40.000 of our people have lost their lifelong savings be honestly, fearlessly and tenaciously investigated.' Pleads for Courage "I have reached the stage in life." adds the report, "that I do not care whether a prosecuting attorney or any officer is a Democrat or Republican. My only insistence is that he be an upright representative of the people and not a poltroon or a coward. "There is no reason." further adds the report to the court, "that the present incumbent in the office of prosecuting attorney (Mr. Wilson) is unequal to his aforesaid predecessors. Mistakes have been made, but they can be rectified easily.' The report ends with praise for Judge Cox and his continuous pressing of investigations of defunct banks of Marion county Wilson Makes Reply In reply to the attacks on him. Prosecutor Wilson said: "The grand jury will be glad to receive any facts regarding bank cases in the circuit court at any time Mr. Rucker or the court will present them. It was my understanding with Judge Cox that the grand jury would receive the results of any investigation "In the Meyer-Kiser case, the grand jury viewed all testimony presented by Mr. Rucker and his associates. The exact form of the affidavits filed by Mr. Rucker was used with the exception of a slight change in preparation of indictments." The ten directors named in Mr. Hack's $500,000 suit are Mr. Miller, Mr. Garman. Mr. Kelly, Mr. Murphy, Mr. Peterson, Mr. Richardson, John T. Van Zant, Arthur C. Ayres, James M. Ogden and William F. Fox