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SOON WITH THE JURORS. The Batchelor Trial Drawing to a Close in the United States Court. All the Evidence in the Case Was Completed on Friday. The Opening Argument for the Prosecution Is Begun by Assistant District Attorney Wallace. The trial of H. F. Batchelor for misusing funds of the Stockgrowers' National bank of Miles City, while its president, is nearly over in the United States court, and the case will very likely go the jury to day. The 0 088 examination of the defendant was completed yesterday morning, and then C. R. Middleton, one of the directors of the bank, took the stand. He insisted that the board of di ectors knew of the purchase of the Stebbins stock by defendant. On cross examination he was unable to fix any dates of formal or informal meetings of the board, but he knew the subject had been discussed a dozen times. Before Batchelor went east he was given to understand by the directors that the purchase of the Stebbins stock would be to the interest of the bank. ce-President Harmon, of the bank. was recalled by the defense. He told the story of the time when the bank deposits fell off on account of Stebbins' connection with it. Witness walked into the bank one day and asked Batchelor how he was getting along. Batchelor told him the funds of the bank were getting quite low, and owing to the failure of the Deadwood bank the Stockgrowers' was threatened with a run. While they were talking Judge Bach came in and demanded the county funds. some $13,000, on deposit there. Batchelor referred him to witness, who stepped into the vault with Batchelor. There witness asked Batchelor how much money there was in the bank. Batchelor said the money only amounted to about $1,800. Witness asked Judge Bach what he meant to do with the funds and was told he meant to take them to Helena. "Then," said the witness. "I made & bluff. I gave Judge Bach a draft on the Bank of Commerce of Minneapolis, and took a train right away for that city, and arranged for a oredi & to meet the draft." Witness said that by reason of this and other troubles caused by Steb bins' connection with the bank the feeling was that they should get the Stebbins stock One day Batchelor came in and said he was going to get the Stebbins stock. Witness asked him how. Batchelor eplied that he would give his notes. In consideration of what he had done in the matter of getting the Stebbins stock, Batchelor thought he ought to be made president of the bank. Witness voted for Batchelor for president himself on that account. Witness was asked if he had been told that Batchelor paid for the Stebbins stock with the bank's money. He replied that he had never been sold so. He knew that Batchelor was bor owing money from the bank, and he drew his own inferences. George Sheetz was recalled and testified to the value of the electric light stock In his judgment the plant was worth $50.000 It was never encumbered until just before the suspension of the bank he plant ought to be run on $7,000 a year and the income ought to be $12,000 or $13,000 E. H. Johnson was called by the prosecu. tion. He said that when he bought his stock in the bank Batchelor had told him that the concern would be dec 8 ing div dends in the fellowing June. After he became a director he was away most of the time, but not continuously. He had no knowledge of the discount committee being called to meet at any time and never attended any of their meetings. He never knew of any occasion for attending the meetings. After the bank failed be asked Batchelor for a list of the assets. Batchelor sHil he couldn't give it to him as the books were in the hands of the examiner and he bad no A00088 to them. Witness told Batcheler he ought to be better posted on the condition of affairs. The defense them put on a number of witnesses as to the reputation of the defendant in Miles City. They were D. A. Cory, A. J. Seligman, Col. James Sullivan. Richard Lockey. J. W. Kins E. H. Johnson, E. B. Weirick, T. C. Bach, AI Smith and Capt. Harmon. They all testi fied to the fact that in Miles City defendant stood high and enjoyed unlimited confiMence and was regarded as one of the leading young men of eastern Montana. Tbis closed the testimony for both sides. William Wallace. Jr. began the opening argument for the prosecution during the afternoon He wished to be as fair to the defendant, he said, na he would be to any man accused of bighway robbery or any such offense. He fain would say, however, that in his opinion the offense charged against defendant was a R eater one than that committed by B highwayman. He had violated the trust and cont dence reposed in him by the community When a highwayman stopped a traveler and forced him to surrender his property, the traveler was the only one inconvenienced, and his financial condition might not be seriously impaired. The man charged with crime like that charged against defendant perpetrated crime which was not only far reaching in its effects, but affected a class of small depositors who had int usted their OR nings to the bank by reason of the supposed security affended rather than yield to the temptation of larger profits in the ordinary course of business, The fact Was that defendant had not and never had, during his connection with the bank, any assets except his house and fur niture, his stock in the Electric Light and Water company, and his stock in the bank At the time the bank failed defendant owed it $52,000, of which $40,000 was in his own name and $12,000 in the name of his father. To tuis must be added about $6,500 interest which he had failed to charge on his own notes, having only charged six per cent. when the current rate was twelve De: cent he $52 000 owed. plus the interest withheld, made nearly $60.000. which was about four firths of the entire capital stock of the bank. At the time of the suspension of the bank, accord. ing to his own testimon: defendent's total indebtedness, including that to Site bank, was about $90,000. It was in October, 1891. that defendant began using the funds of the banks, Mr. lace said, to pay for his own ventu ea From then on his connection with the bank was a se 108 of misappropriations and false entries. When he undertook to urchase the Stebbins stock he claimed to expect assistance om friends in Pattsburg and other places in the east, upon which assistance he relied to pay to the funds he had used; and he also OX pected to place portions of the stock with stockg owers hrouguout that section. If, when the notes given in this ansaction
