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The confusion of returning a ver-- | dict and the fact that two weeks of continuous and tryihg service had ended caused the court's remarks to | fall on ears tuned only to hear the | later that they had been locked up ' so that they would not know the Jjudge had ruled that he would not accept a guilty verdict they wero| elated to think they had interpreted the law and facts correctly. [ No one, as far as could be learn-- ed, had any idea that the court had entered such a ruling. They were | locked up, they thought, on a motion from States Attorney A. V. Smith. Juror Has Sick Child. l During the deliberations one juror wenat on unaware that his little daughter was dangerously ill with a He then proceeded to thank the Jjury for its service and attentive-- "Gentlemen, your verdict is in full accord amd meets the opinion of the When the verdict of uot guilty was pronounced the judge said : Circuit Judge Arthur E. Fisher, of Rockford, who heard the case on a change of renue, had ruled Wednes-- day on a motion of defense counsel to instruct the jury as to its verdict, that he would set aside a verdict of guilty if it were reached by the jury. Following his ruling the jury was locked up so that the informa-- tion would rnot reach them. That gave just three ballots on each defendant, counting the one cast on the entire group as one for each man. knock came at the door signifyin an agreement. Within 30 minutes after that all of those figuring in the €ase were present so that the ver-- dict could be read. The jury at first, its members said, voted on all five. The result was 10 to 2 in favor of acquittal. Then. a second series of balloting was started on each individual. The result was Bracher, 10 to 2 for ac quittal, Pearsall, 10 to 2, Martin, 9 to 3, Busick, 8 to ¢, and Nye, § to +. Following that came a third ballot, taken on each individual, in which the five men were cleared. Roy Bracher, 49, county treasurer from 1918 to 1922 and re--elected in 1926 but forced to resign through the disclosures. Take Just 11 Ballots The jury took just eleven ballots. It received the case at 5:40 o'clock in the afternoon and then retired to dinner. At 7 o'clock the deliberations started and at exactly 11 o'clock: the Caleb Busick, 48, Winnetka' oil stock promoter. Clarke C. Nye, formerly cashier of the First National bank at Eureka, Kansas. After four hours of actual delib erations a circuit court jury Thurs-- day night acquitted five defendanth charged with conspiring to embezzle $100,000 from the county treasury. The finding ended a case pending more than a year and tried once be-- fore without a decision being reach-- Ira Pearsall, 44, county treasurer from 1922 to 1926. Harold Martin, 46, formerly vice-- president of the defunct Security Bavings bank. PAGE TWO Jury Takes But Four Hours to Find Not Guilty Verdict; Concurred With Judge ACQUIT BRACHER DEFENDANTS AFTER BALLOTING 11 TIMES Those irvolved had been The New ¢ SHIFT WITHOUT CLASHING AT ANY SPEED Last Year's Improvements Can't Win This Year's Buyer. N the new Cadillacs, La Salles and Fleetwoods I there are 8 fundamentalimprovements. One of the most important is the Silent Shift Transmission. It makes driving simpler--easier--and safer--in traffic or on the open road. With the Silent Shift Transmis-- sion you can shift gears at any speed --without clashing. But there is nothing new to learn, for this transmission is standard design, so improved as to give vital advantages. We sincerely hope that you will accept our in-- @ vitation to drive one of these delightful cars. To do so involves no obligation whatever. McCORMICK MOTOR SALES CALMWDUIIAC LAsALLE ! The bank, at that time, was press-- ed for ready cash and Busick was commissioned to get loans. Busick, | it was charged, induced Martin, then in the Security bank, to encourage iBncher to send the money to Kan-- sa s. Judge Fisher, in his ruling, held that interest of 2 per cent had been paid on this money and that Brach-- er, after investigation, deposited the Nye furnished them with a bogus certificate of deposit on the Eureka bank in which only $100 of the $100,000 was deposited, according to state witnesses. Nye, too, according to the charges of the prosecution, paid interest on this $100,000 as if it had been in the bank. This was not pald to the coun-- ty, records show. Nye was indicted in Kansas by the government.on charges of mak-- ing false entries in the bagk books. Pearsall, when he came into office covered up the alleged shortage, ac-- cording to Col. Smith. The case started Nov. 12 and con-- tinued through each day with the wxceyliou of -- last Saturday.. The Arst one had not been as long and in this the jury failed to reach a de-- cision. In both cases the prosecution alone put in proofs with the defense attorneyy contenting themselves with simply submitting character witnes-- ses to prove the good character of Martin, Pearsall and Bracher prior to the indictment. Dates Back to 1922 Col. Smith, and his assistant, S. H. Block, charged that on Aug. 15 1922%, the conspiracy started 'when Bracher agreed to send $100,000 to the Eureka bank in which Nye was cashier. 'hlgh fever. Mrs. Rolland Stanley, of Highwood, had called early in the evening to advise bailiffs that the child was very sick. ' The foreman of the jury was Geo. |the evidence as follows: Blackburn, _ Wauconda _ hardware Is Unusual Case dealer. Other members of the jury | .Court: This is:an unusual case; were: Edward Gleason, Halt Day |A!l conspiracy cases are somewbat farmer; Erwin Drieske, Highland | UPUSu@al in that the proof of a con Park florist; Arthur Christensen, | SPir@acy thereafter makes the act of | Lake Villa fence builder; Ernest | each conspirator the act of all and lxnux_ Libertyville farmer; Vincent | all are bound thereby, and I want to Martin, Round Lake farmer; Rolland | say the fact that two of these de-- lStanley. Highwood insurance agent; | fendants have been County Treas-- 'John Dupree, Antioch general con--| urers and two of them bankers and |tractor; H. G. Hillman, Lake Zurich | another man a business man, has no stock buyer; Fred Towner, Diamond ; weight with this Court; position or Lake garageman; Peter Hanson, l wealth does not influence me in my £Libertyville, employe of the Foulds |thought of this matter or deciston. Milling company and Frank Suy--| [ have sat here and heard this ev-- dam, Libertyville garageman. idence twice, and I have given a Each of the defendants and six of | great deal of thought and study to the seven defense attorneys who this case. If they are guilty they were present remained and thanked | should be punished, if they are not each one of the jurors. Col. Smith, | guilty they should not be punished. who had come to represent the state,| This is an indictment charging left immediately. 'these defendants with conspiracy to \__ Bracher had been represented by | qefraud the County of Lake, Illinois, f;'::;"';l:y ljfllph JG Q':,d{-hpf:"s?l" :'Y |of one hundred thousand dollars. orney James G. elch, Martin by Attorney J. J. McCarthy, of ('hl(:a-' . A""'?" Charge s . go, Nye by Attorney E. M. Runyard | Now, let us analyze the picture a and Attorney John Gleason, of Wich-- little, the story as it appears from ita, Kas., and Busick by -- Probate this evidence. B appears that Mr. Judge Martin C. Decker and Attor--| NY®° Was in the banking business at ney Charles Harvey, of Chicago. | Kansas and that Mr. Busick, another . Wives and close friends of several defendant, had to some extent sqne of the defendants were in court ht into business with him in the oil the time. * matter; they had made some mornrey, Three Indictments Remain. and evidently that bank, up to the h ana h xn Ahxaacannwnanizare indling. time that it COomes into this Three Indictments Remain. 'There are three conspiracy indict-- ments remaining on the court rec-- ords. One names Bracher, Martin and Pearsall, a second names Brach-- er alone and a third names all of the defendants. 415 South Genesee St. WAUKEGAN, ILLINOIS Bracher had been represented by Atorney Ralph J. Dady, Pearsall by Attorney James G. Welch, Martin by Attorney J. J. McCarthy, of Chica-- go, Nye by Attorney E. M. Runyard and Attorney John Gleason, of Wich-- ita, Kas., and Busick by Probate Judge Martin C. Decker and Attor-- ney Charles Harvey, of Chicago. Judge Fisher did not let the re-- port get to the jury room as it was felt that a decision would be reach-- ed any minute and that the f?ather could do nothing to*help his daugh-- ter as long as a competent physician was in attendance. Before the jury returned, however, there was a sec-- ond call informing the court that the condition 'of the child was more tavorable, , C time that :t comes into this picture, was considered 'worthy of credit; it could borrow fifty thousand dollars from an Arkansas bank. it could borrow fity thousand., dollars or more from the National City Bank of Chicago; it could borrow money on the note of the bank pretty gener-- ally, but there came a time when the west was to some extent begin-- ning to be depleted, their notes were ; not being paitd and Mr. Nye saild to his associate, Mr. Busick, "Isn't there some money back east that you could deposit out here to bring us over this spell?" Busick had done that work for him before. Now, whether he got overpaid for doing | that work, big commission, that is 'uot the thing that is on trial:y the | thing on trial is, did these defend-- fants conspire to defraud Lake Coun-- ty out of one hundred thousand dol-- ; lars? !_ Busick knows: Martin, who is at I that time cashier of a bank here, and 'he goes to him and he says, "Is i there any money that you think we could deposit in the bank of my 'friend out in Kansas?®" Well, Mar-- 2tln knows Bracher; Bracher is the |County Treasurer. I think the rec-- ord shows that at the time the Security bank failed he had some thing like six> hundred thousand 'dclhrs on deposit in 'that bank; he was a heavyy depositor in that bank | and he said, "Maybe we can get Busick, he stated, might have reé-- ceived a commission but was entitl-- ed to one. Martin, he urged, acted in the capacity as a banker in trans-- ferring the account, and Nye's acts bhad ro part in th6 Lake county trial. Pearsall, he pointed out, merely accepted certificates of deposit turn-- ed to him by Bracher. money in what ne thought was a solvent bank, although it rallfcd and reorganized later. Judge Arthur E. Fisher, in hold-- ing there was no conspiracy and hence no crime in the case in which five defendant, Roy Bracher, Ira Pearsall, Caleb Busick, Clarke C. Nye and Harold Martin were charged with conspiracy to embezzle $100,000 from the county treasury, analyzed the evidence as follows: Is Unusua! Case ,Court: This issan unusual case; all conspiracy cases are somewbat unusual in that the proof of a con-- spiracy thereafter makes the act of each conspirator the act of all and all are bound thereby, and I want to say the fact that two of these de-- fendants have been County Treas-- urers and two of them bankers and another man a business man, has no weight with this Court; position or wealth does not influence me in my thought of this matter or deciston. Inore IrC Chicago the note O0OD Statement of Court LIBERTYVILLE INDEPENDENT. THURSDAY, NOVEMBER 29. 1928. Clears Bracher, et al * They made a deposit. _ Bracher drew checks amounting to sixty | thousand dollars on the various ! banks where he had his deposits. | Naturally he did not want local in-- | Interests to know that he deposited ';out there, and he made the deposit 'or sent it to be made through the Security Bank to a Chicago bank. It seems that five th8usan'd dollars 'of that sixty thousand disappeared at [.hat time. I think the proof !showa that that went to Busick. The record shows that Nye told one of the United States men that he sup-- posed that was commissions. It was |evidently intended as commissions hn-(-ausé Nye issued two certificates | of deposit of thirty thousand dollars ic-ach, to represent that sixty thou: isand dollars. w on them for fifty thousand dollars and send it to another bank there for collection" -- "Alright, we will do that." _ Pearsall was adopting the theory and Busick telephoned--long distance telephone--to Nye that that w s going to be done. On February 10th, 1923, the ma-- turity of those two thirty thousand dollar certificates, interest was paid up to that time, and they were eur-- rendered and the forty thousand dol-- lar check was surrendered and a new certificate issued by the bank in Kansas for one bhundred thousand dollars; issued in the name of Mr. Pearsall who was then the County Treasurer. There isn't anything in the record that will indicate that Mr. Pearsall had any notice, or anything to put him on notice that that was not a good certificate. It went* along and finally he thof@ight that ought to be pald, or get at least some of it palid; he bad a talk with Busick and Busick sald, "Yes, call it in." "Now, they are getting hard up, don't try to get it all at once, but draw a draft lhere is some testimony with ref-- erence to a five thousand dollar item there, but evidently it was not in-- tended that any of those items should te cut out ef the one hun-- drex1 thousand dollars. Next those two certificates of deposit of thirty thousand dolars were issued, and supposedly forty thousand dollars on deposit; that was the condition as of December, 1922, when Bracher went out of office and Pearsal] took office. Now, up to this time Pearsall has not appeared in the picture at all. It seems at that time thos» thirty thousand dollar certificates did not mature until February 10th, 1923 He took, in the turning over of the {unds of Lake County, an assign-- ment of those two thirty thousand dollar certificates agd a check of Bracher for forty thousand dollars on that bank. (Is there any way you could charge Pearsall with conspir-- acy up to that time* Now, so far there isn't anything wrong, is there* There is no con-- spiracy to defraud so far. That was followed by another twenty thousand dollars, which as I recollect was de-- posited in the Kansas bank in the name of Bracher, and he was given a pass book--a bank book--a check-- Ing account showing the deposit of that twenty thousand dollars. I think that was done on Sunday when he was there. That was a legitimate deposit in the bank. There was la-- ter another twenty thousand dollars, which as far as the record shows Bracher supposed was deposited in that bank, it may not have gotten there, some of it did not, some of it went to Busick, but Busick and Nye had dealings back and forth, and ~Nye and Martin had more or less There is some testimony with ref. Bracher to deposit some out there:." If things were honest and clean there was nothing wrong about that. He sees Bracher; Bracher says "I don't know, I will go out there with you. Busick and Martin--the local banker, and Bracher, the County Treasurer, go out there; they look things over and the proof is that Martin told> Bracher that it was alright to make that deposit. Nye says at that time "We are of Americas Most Modern _ Automobile Plant -- detail . . . this New All--American Six. Cor in to see it and drive it . . . a car the like which you've never seen before. In the New All--American Six. In this faster & . . finer . . . smarter . . . more beautiful car. Here you'll see the perfected product of America's most modern automobile plant & . . a plant where the most drastic stansardo are rigidly enforced. Where scores of oper-- ations are held within one ten--thousandth of an inch. Arid the result? A car with formance ability far in advance of, any'tfie.nl: ';h lt= field' -- . . sterling quality in every @ej@ded Product se $1145 to $1375, at . _ Love Hydraulic She rbers:and ".m!:muln'gtm Bumpe rear fender 'eatre. Check Oakland delivered prices 4 b-.ch'nm.u. CGeneral Motors Tin ment Plan at minimum rate. DAN E. WINN, Manager LUDLOW MOTOR CO. Of Libertyville 608 N. MILWAUKEE AVENUE Where is there an item whore you could charge Pearsall with conspir-- acy. You might say Mr. Brache was given ten shares of stock in that bank, which at that "me were worth one hurdred and seventy--five dollars a share--one thousand seven hundred fifty dollars--if e _ ould I]eave that money ther a year. He may be--I am going to refrain from commenting too much upon items that are not invol ed in this case, because there is another indictment p~»ding and I do not wish to com-- ment too much, He iy not have been justified in ta"'~g that, but he is not on trial fotr that; he is on trial for conspiring to °' 'raud Lake County of that on hundred thousand dollars. . There is another 'indict-- ment pending, therefore 1. refrain ,fr(gm commenting _ v some of the items that are irvolved in th proof. , Whatever Nye did, if he did any-- 'thing, in th< shape of misappropri-- ating those funds, is not involved 'in this case; if that was done it | was without the jurlsdiction of this |Court. There is some proof was indicted and on "ther investiga-- | tion they decided that he had not em-- bezzled that but it all went to the | \creditors of the bank, and as far 8 | (he was concerned he was free, but' L am not passing on that; this' \Court has got to pass solely on the | question of whether or not these de | Ifo ndants are guHty of the crime "fi conspiring to defraud Lake County | out of that one hundred thousand | dollars. If the bank out there had' not met with : sf iune and had | gone through and b. en able to pay it in.full, is there any one that could contend that Brach _ or Pear-- sall or Martin, or any of them, had conspired to defraud this County---- is there any one contending now that Pearsall or any of the other ide!endants were guilty of conspiracy because they deposited in the Secur-- ity Bank here at Waukegan and that failed? As I eay, a conspiracy case is a peculiar case. In the view of the Court the crime has not been proven. Now, it is be-- yond the power of this Court to di-- rect a verdict in a criminal case It it was a civil case this Court | would not hekitate at all to direct a verdict of not guilty. As far as this Court can go is to annaunce its viecws to the State's Attorney, | it is then up to the State's Attor T to exercise his judgment and discretion as said before. I have listened to this case twice as said before; it has been : ly tried on both . sides, and nfuch closer this time than it was the last time, but I feel it my duty to end the thing so far as I am concerned, believ-- Ing that the crime has not been proven. The motion by all defend-- ants to announce my; views to the State's Attorney will be granted, and I will adopteothe order or direction which has been prepared by counsel for the defendants. I now advise the State's Attorney that the Court does not regard the evidence introduced by the State as suffcient to sustain a conviction-- and does now inform the State's At-- torney of the certainty that a ver-- dict of guilty, if returned, will be set aside. Such an announcement to the State being given for the purpose of permitting the State's Attorney to exercige, at this time, his official judgment and discretion. That ended the jud#ge's statement. Col. Smith refused to nolle prosse the cases. hard up, we can't pay it, dout do 't, send the draft to ime." Now, has Busick been guilty. of any consp ~acy up to that time? He was advising Pearsall to make the collection and do it in the way that he thought he could get the money, that he get half of it first It went on and finally Mr. Pearsall in correspondence, after having made demand, received a let-- ter denying any liability on t' at cer-- tificate of deposit. Now, what does Pearsall do--he goes to Chicago, consults his lawyer, who is a special-- ist on banking law, and evidently-- perhaps not fully explained in the record, but evidently acts under his advice there from that time on, un til he is indicted and ~ants some local counsel. _ Mr. and Mrs. J. H.; Rouse, of Mun-- delein visited at the home of Mr. and Mrs. Charles Weaver on Sunday evening. ' s Mrs. Charles Werner spent last Thursday and Friday in Chicago Mr. and, Mrs. James Snetsinger and son leave for Florida on Decem-- ber first, where they will spend the winter: monthé. Mr. and Mrs. V. LL Dondanville at-- tended the twenty--fifth annversary of Mrs. Dondanville's sister, at Rock ford, on Sunday. Mr. and Mrs. Fred Blau wili have a family Thanskgiving party for Mr. and Mrs. Albert Prehm and daugh-- ter, Mr. and Mrs. Otto Frank and family and Mr. and Mrs. Howe and family, of Grand Rapide, Mich. Mrs, Almyra Heybeck and Mrs. Jensen attended the teachers' meet 'ng in Libertyvyille Saturday. Mr. and Mre. Harold Hans went to Eigin on Baturday evening to transact business. Mr. and Mrs. Miltorn Rudsinski and daughter and Mrs. Charles Rud-- s:nski and daughter Verna attended a shower on a relative in Dundee, on Friday evening. o LAKE ZURICH o 0o o 0o 0o 0o 0o 0 0o 0 0o 0o 0o 0o 0o consider the said. Likewise the defendants, naturally pleasedgwith the verdict, refused to comment at any great length. They took the position for.the most part that the ruling of the court and the verdict of the 'jury could tell their view to the public better and more impartial than they. One of the jurymen. John Dupres, Of Antiocb, stated that the closing atgument of Col. Smith was so effec tive that it held the durvy hatk ean 0 0 0 0 0 0 0 0 0 o0 0o 0 o < "I trust tonight that you will bring in a verdict which will be a word to the slickers of Kansas and Chicago, to the man who falsified the books and records and who showed no lia-- Lbility on the books. 1 say to "you this sort of thing cannot 'be carried on in the State of Illinois and the County of Lak(',"' he said in closing. States Attorney A. V. Smith to-- day refused to discuss any phase of the treasury. trial which resulted State's Attorney A. V. Smith Fri-- Thursday night in a not guilty ver-- dict for the five defendants. The last appeal in his '-'closing argument to, the jury had been 26 follows: Three indictments are pending. He refused to state what he intend-- ed to do with these. Likewise he declined to discuss the verdict or the ruling of the. court. -- CPhat man nd made it a aw we must fi rard to forge SMITH SILENT ON OUTCOME OF -- BRACHER TRIAL Refuses <to Discuss Indict-- 'ments Still Pending; Doubt Further Prosecution 'cderable ion. W!!yN 1t held th tiume N_ rget Every member W | of the family... Y¥)! > short ortall---- _ $# enjoys perfect e driving comfort in Buicks new adjustable front seat . . . BETTER AUTOMOBILES ARE BUILT : : : BUICK WILL BUILD THEM ig of the court and : e 'jJury could tell th public better and in« n they. jurymen. Jolin Dupr tated-- that the closi Col Smith wrase cy. af U A tremendous advance . .. yet only one of mapny comfort features in this newest and finest of Buicks. The new twin--blade electric windshield wiper . . . Buick fingertip steering . . . improved grouping of instruments and controls . . . and many other refine-- ments found here are combined in no other car at any price! These features, in addition to vivid beauty and unrivaled per-- formance, have won nationwide acclaim for the new Buick . .. have made it undisputed leader in its field . . . as well as America's favorite family car' 1 Everyone enjoys complete driving comfort in the new Buick. Buick's new adjustable front seat, and the adjustable steering column, assure a made--to--measure driving position for any individual. ) R pear (hi'i 1 them ® the argy Telephone 456 ¢ B'jfie Silver Anniversary ] arguimel U t i ' \Jhe New Buick i(AU Capturing % Counir;' d WITH MASTERPIECE BODIES BY FISHER MAIN MOTOR SALES W Mr. and Mrs. Phillip Sha'ier an family spent the week end at th« Henry Shaffer home. § Percy Maether of Prairie View spent Sunday in this locality. Mrs. Mary Rockenbach attended an entertainment at the Deerfield Sh'elds high school on Friday nite A large number followed the E. T. H. S. basketball team on Friday nite, to Richmond and our team won with a score 'of 18 to 5.. Tuesday nite, they will play W. T. H. S. at Gurnee. Let's hope they have the same good luck. + Mrs. Anna Hertel has to California by the d aunt. Last Tuesday evening, a number of ~Eastern Star members went to Wheeling, where Mr. Weaver and Mrs. Fimma Hans filled stations on Worthy Matrons' Night. while Mr. Wenrer and other Ela| This wee Township Highschool peonle attend-- are away : ed the teachers' convention at Ur-- their respe bana. Thanek9ivi C. BERNARD Before Buying OUhe New Buick iss By far the most sensational! group of meter car bargaigns ever offered in this city, eur steock of brand new, cur-- rent medel Pontiac Sixes, with prices reduced $150, is naetaa es oo ees < Fube Pe Small down payment --easy menthly terms--your old car taken in trade! Come in and choose yours today. is geing at record --breeking speed. 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