Stanley Matthews

“ The fifteenth count is for wrongfully, unlawfully, and willfully misapplying certain described funds of the bank, with intent to injure the association, and without the knowledge and consent thereof, by paying and causing to be paid to certain persons, out of the moneys, funds, and credits then and there belonging to the property of the association, a large sum of money, in the purchase by him, the said Northway, for the use, benefit, and advantage of himself, of a large number of shares of the capital stock of certain stock companies. ”

“ This can mean only that it was organized and established as a banking association under the act of congress authorizing the organization and establishment of national banks, and that it was in existence and doing business at the time of the alleged offense as such national banking association, because it could not be organized and established and existing and doing business under the laws of the United States in any other capacity. ”

“ Both are alleged to be officers of the same corporation. The knowledge that each had of the official relation of the other is necessarily implied in the co-existence of this official relation on the part of both towards the same corporation. ”

“ Whethe either of said counts charges defendant with an offense under the laws of the United States; (2) whether the charging of the defendant with committing the acts therein charged against him as 'president and agent' did not vitiate said counts of said indictment; (3) whether, under section 5209 of the Revised Statutes of the United States, it was necessary in the indictment to charge that the moneys and funds alleged to have been embezzled and misapplied, or either, had been previously intrusted to the defendant ”