Goll v. United States

• Decision Date: 02 January 1907
• Docket Number: 1,295.
• Citation: 151 F. 412
• Parties: GOLL v. UNITED STATES
• Court: U.S. Court of Appeals — Seventh Circuit

151 F. 412

GOLL v. UNITED STATES

No. 1,295.

United States Court of Appeals, Seventh Circuit.

January 2, 1907

The plaintiff in error was convicted of several offenses, charged under section 5209 of the Revised Statutes (U.S. Comp. St. 1901, p. 3497), in 19 several counts of the indictment, and was sentenced thereupon to an imprisonment for 10 years, such sentence and judgment to 'be concurrent, and not cumulative.' Reversal of the judgment is sought upon numerous assignments of error, many of which are plainly without merit and are not referred to in the brief or argument at the bar. The assignments which appear to be relied upon are sufficiently mentioned and discussed in the opinion.

The indictment as filed consisted of a number of counts which were nolled. Several counts charging embezzlement and several for misapplication of bank funds were in the case as submitted to the jury, but were excluded from the verdict, so that acquittal resulted thereunder. Of the 19 counts upon which the verdict found the accused guilty, each charged an offense committed as 'cashier, assistant cashier and clerk' of a national banking association, known as the 'First National Bank of Milwaukee,' respecting the funds or credits of such bank. Four of these counts (3, 5 20, 26) aver that he willfully misapplied the funds of the bank, with intent to defraud. Fourteen of them (4, 9, 17, 18 22, 27, 28, 30, 31, 32, 33, 34, 35) aver that he unlawfully caused false entries to be made in the books of the bank with intent to defraud and deceive. The remaining count (19) named in the verdict avers the unlawful making and drawing of a bill of exchange, without authority and with intent to defraud.

Of the first-mentioned counts for misapplication of funds, No. 3 reads as follows: 'And the grand jurors, aforesaid, upon their oath, aforesaid, do further present: That one Henry G Goll, late of the said Eastern District of Wisconsin, on the 7th day of December, A.D. 1904, at the city of Milwaukee in said district, was then and there the cashier, assistant cashier, clerk, and agent of a certain national banking association, the First National Bank of Milwaukee, theretofore duly organized, established, and then and there existing and doing business in the city of Milwaukee, county of Milwaukee, in said district, under the laws of the United States; and that on the said 7th day of December, A.D. 1904, at said city of Milwaukee in said district, the said Henry G. Goll, by virtue of his said office as said cashier, assistant cashier, clerk, and agent, and while he was employed therein, as aforesaid, had in his possession and under his control in said bank certain moneys of the said banking association, to a large amount and of great value, to the grand jury unknown, but exceeding the sum of twenty thousand dollars, then and there being; the particular kinds and descriptions of which last-named money the grand jurors aforesaid have no means of knowing, and therefore cannot set forth; that on the said 7th day of December, A.D. 1904, the said Henry G. Goll, at the city of Milwaukee, in said district, and within the jurisdiction of this court, and as such officer of such First National Bank of Milwaukee, and so, having in his possession the moneys aforesaid, did knowingly, willfully, unlawfully, and feloniously, and with intent to injure and defraud the said banking association, and Fred Vogel, Jr., Charles Pfister, George P. Miller, and divers other persons whose names are to the grand jurors unknown, then shareholders of said banking association, namely, the First National Bank of Milwaukee, transfer and pay over, and cause to be transferred and paid over, to one Gordon Bigelow, late of the said Eastern District of Wisconsin, from and out of the moneys of the said banking association, the First National Bank of Milwaukee, then and there so in his control as aforesaid, the sum of twenty thousand dollars, for the personal use and benefit then and there of the said Gordon Bigelow, and the same not then and there being in any wise a debt or obligation of the said First National Bank of Milwaukee, and in no wise for the purposes, uses, and benefit of the said banking association, and no wise in the regular course of business of said bank, and without any consideration whatever therefor passing to the said banking association, and the same being so paid without any authority whatsoever therefor from the board of directors, and without any proper authority, and the said Gordon Bigelow being then and there in no wise entitled to such payment, and the same being in no wise made on account of any debt, obligation, or liability of said First National Bank whatsoever; and that thereby the said Henry G. Goll, as such cashier, assistant cashier, clerk, and agent aforesaid, then and there, to wit, on the said 7th day of December, A.D. 1904, at the city of Milwaukee, in said district, by means of the payment aforesaid, in manner and form aforesaid, did willfully, wrongfully, and feloniously misapply the said sum of twenty thousand dollars of the moneys of the said First National Bank of Milwaukee, with intent then and there on the part of him, the said Henry G. Goll, to injure and defraud the said banking association, and Fred Vogel, Jr., Charles Pfister, George P. Miller, and divers other persons whose names are to the grand jury unknown, then shareholders of said banking association, namely, the First National Bank of Milwaukee, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States of America.'

Count No. 4, for the making of false entries, reads as follows: 'And the grand jurors, aforesaid, upon their oath aforesaid, do further present: That Henry G. Goll, late of said district, on the 8th day of December, A.D. 1904, at said district being then and there the cashier, assistant cashier, and clerk of a certain national banking association, then and there known and designated as the 'First National Bank of Milwaukee,' which said association had been theretofore created and organized under the laws of the United States, and then and there existing and doing a banking business in the city of Milwaukee, and county of Milwaukee, in said district, under the said laws of the United States, did knowingly and unlawfully make and cause to be made in a certain book then and there belonging to, and in use by, the said banking association in transacting its said banking business, and then and there designated and known as 'General Ledger No. 18-- 1904,' and upon page 388 thereof, under the page heading, 'Security Bank of Minnesota, Minneapolis,' the same being one of the pages in, and a part of the account of a certain banking association of Minneapolis, Minnesota, doing business under the name of Security Bank of Minnesota, Minneapolis, and in column headed 'Dr.' a certain entry of said date in figures as follows, to wit: '10,000,' and which said entry, so as aforesaid made in said book, then and there purported to show, and did in substance and effect indicate and declare that the said First National Bank of Milwaukee had then paid to, for, and upon the account of the said Security Bank of Minnesota, Minneapolis, the sum of ten thousand dollars, with which the account of said Security Bank of Minnesota, Minneapolis, with the First National Bank of Milwaukee should be then and there charged. And the grand jurors, aforesaid, upon their oath, aforesaid, do further say: That the said entry, so made as aforesaid, was then and there, false in this, namely: That neither moneys, funds, or credits, nor collectively such, in the sum of ten thousand dollars, nor approximately such amount, had been then paid by the said First National Bank of Milwaukee to, for, or upon account of the said Security Bank of Minnesota, Minneapolis, with which the account of said Security Bank of Minnesota, Minneapolis, with the First National Bank of Milwaukee, should be then or there charged, as he, the said Henry G. Goll, then and there well knew: and that the said false entry was then and there made and caused to be made by the said Henry G. Goll, he then being then and there such cashier, assistant cashier, and clerk, as aforesaid, with the intent then and there on the part of him, the said Henry G. Goll, to deceive the other officers of the association, to this grand jury unknown, and to deceive any agent who might be thereafter appointed by the Comptroller of the Currency to examine the affairs of said association, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States of America.'

Count No. 19, for drawing a false bill of exchange, is as follows 'And the grand jurors aforesaid, upon their oath aforesaid, do further present: That on the 17th day of September, A.D. 1904, Henry G. Goll, late of the city of Milwaukee, in said district, was then and there cashier, assistant cashier, clerk, and agent of a certain national banking association, to wit, the First National Bank of Milwaukee, in the state of Wisconsin, in said district, theretofore duly organized and established, and then existing and doing business at the city of Milwaukee, county of Milwaukee, in the district and state aforesaid, under the laws of the United States; and that the said Henry G. Goll, on the said 17th day of September, A.D. 1904, at the city of Milwaukee, in said district, and within the jurisdiction of this court, did then and there, as being such cashier, assistant cashier, clerk, and agent of such banking association, then and there with intent to injure and defraud the said banking association and Fred Vogel, Jr., Charles Pfister, George P. Miller, and divers other persons whose names are to the grand jury...