173 Mass. 541 | Mass. | 1899
The motion to quash and dismiss the indictment was rightly overruled. The property alleged to have been embezzled and stolen by the defendant is described in each of the counts of the indictment on which the defendant was convicted as “ a great quantity of money, to wit, the sum of five thousand dollars of the property of the said Hampshire Savings Bank.” It is contended that the indictment is insufficient, because it fails to make an express statement of the value of the money. Ordinarily, in indictments for larceny and other similar offences, the value of the property is stated in terms, out of abundant caution, as well when the property is money as when it is something else. But by the Pub. Sts. c. 203, § 44, it is provided that in prosecutions like the present “ it shall be
This indictment is brought under the Pub. Sts. c. 203, § 41, which treats as guilty of larceny any officer of an incorporated bank “who fraudulently converts to his own use . . . any bullion, money, note, bill, or other security for money belonging to and in possession of such bank, . . . whether intrusted with the custody thereof or not,” etc. The indictment rightly contains an averment that the money was in the possession of the savings bank. This statute makes it immaterial whether the accused was intrusted with the custody thereof or not, and
Another question, which arises upon the form of the indictment and upon the defendant’s request to direct a verdict in his favor, is whether the term “ incorporated bank ” in the statute referred to applies to savings banks. This question has been argued by the District Attorney, but not by the counsel for the defendant. The words “ an incorporated bank ” are broad and comprehensive. They have been held to apply to national banks incorporated under the statutes of the United States. Commonwealth v. Barry, 116 Mass. 1. Commonwealth v. Tenney, 97 Mass. 50. In Commonwealth v. Shepard, 1 Allen, 575, they are assumed by this court to include a savings bank. The word “ bank ” is commonly used in referring to savings banks as well in opinions of the courts as in conversation. McCarthy v. Provident Institution for Savings, 159 Mass. 527. North Brookfield Savings Bank v. Flanders, 161 Mass. 335. Johnson v. Gerald, 169 Mass. 500. In the opinion in Commonwealth v. Pratt, 137 Mass. 98, is a discussion indicating that savings banks are not included in the provisions of this section. But in that case the court was careful to say that it did not determine the question, and it put its decision on other grounds. Even in this opinion the savings bank under consideration is repeatedly referred to by no other designation than “the bank.” In the General Statutes of Massachusetts the laws pertaining to savings banks are found with those governing banks of issue in chapter 57, which is
In examining jurors the court rightly refused to put to them the third, fourth, and seventh interrogatories suggested by the defendant’s counsel.
The records to prove the organization of the bank were sufficiently proved and were rightly admitted.
The witness Kimball was rightly permitted to testify that the defendant produced this book of records at the meeting of the trustees prior to May, 1898. His answer tended to identify the book.
The exception to the admission of the check whose stub was dated September 23,1893, is immaterial, for the check evidently was admitted upon the count charging the crime nearest to it in date, and that count, with all the evidence pertaining to it, was taken from the jury. The defendant excepted to the admission of a check signed by him as treasurer of the bank “ payable to order of loan 0. E. Stevens,” and to evidence showing that no money was received on it by C. E. Stevens of Northampton or by C. E. Stevens of Ware, who, so far as known, were the only persons of that name in Hampshire County, because it did not appear beyond the possibility of a doubt that some other person of that name might not have received the money. There were many similar exceptions. In regard to all of them it is enough to say that the evidence was competent. The jury might well believe that the persons who testified that they did not receive the money were the persons referred to in the checks. As bearing upon these questions and upon many other questions in the case, the jury might consider that there was a very large deficiency in the assets of the bank ; that the defendant was the treasurer for many years, and that his sworn returns to the commissioners of savings banks were grossly false; that he fled when he heard that the examiner of the national bank of which he was president, whose business was done in the same rooms as that of the savings bank, and that a commissioner of savings banks were both in the banking rooms to examine the two banks; that he went to a distant State and lived there under an assumed name for several months, until he was discovered and arrested; that when he went away he left a written statement that the loss was more than $300,000, in which he admitted that he was guilty of fraud, intimated flight and suicide,
The witness Prince, who had been employed by the receivers upon the books of the bank in ascertaining its condition, was allowed to answer certain questions in reference to his examination of the boobs and papers, as, “ What was the aggregate of the deposits of the bank?” as shown by a trial balance which was taken, and, “ What was the amount of the assets ? ” A general exception was taken to the testimony. It is now said that the books were the best evidence. We understand that the books of the bank were in court. Particular reference is made in the testimony to the journal and ledger as there, as well as to the book of records. The witness said, “ I have in my possession the deposit ledgers purporting to indicate the deposits in the bank by different people.” We understand this to mean that he had them there, ready to be exhibited to the jury. He said he had put together the aggregate of the deposits. Referring to the trial balance, he said, “ I have the figures.” He also said,
The defendant contends that, some of the checks did not correspond exactly to the specifications. But this is of no consequence, so long as there was enough to establish their identity with the checks intended. Pub. Sts. c. 214, § 26. Commonwealth v. Hall, 97 Mass. 570. Moreover,' the specifications filed are merely for the information and convenience of the defendant,, and it is within the discretion of the presiding judge to admit evidence which is entirely outside of the specifications if it is pertinent to the indictment, and if the defendant is given a sufficient opportunity to answer it.
The defendant was not entitled to have the jury instructed as to the effect of the evidence introduced under each specification.
There was no error in the charge. The other exceptions need not be considered. Exceptions overruled.
These interrogatories were as follows:
“3. Are you related to any person who at the time the offences charged in this indictment are alleged to have been committed was a depositor in either of said banks, or a stockholder in said National Bank?
“ 4. Were you at the time the offences charged in this indictment are alleged to have been committed a stockholder in any corporation which was a depositor in either of said banks, or a stockholder in said National Bank? . . .
“7. Was your father, mother, brother, sister, aunt or uncle, wife or child, at the time the offences charged in this indictment are alleged to have been committed, a depositor in the Hampshire Savings Bank? ”
These records were contained in a book produced by a person who had been appointed receiver of the bank, and found by him in the rooms occupied by the bank.