Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1885-11-05
The Jury Renders a Verdict of
Larceny in the First
Degree.
The Penalty is Ten Years With.
in the Discretion of
the Court.

ton OF witnesses began on Tuesday.
James d. Fish was the first witness
called. Mr.. Fish said; II am &C
years old, a convict at Auburn state
prison, to which | was sentenced for
ten years at hard labor ! saw the
check handed TO me on May 5, 1884
1t was handed me by the paying tel
Ter. | directed it certified after went
to the telephone and rang up Ward. J"
Question. Is the prisener here the
Ward you mean2 Mr. Fish, would
like to see him. Yes, that is tbe.man
(contemptuously). l said over the
telephone: "Ward, I have your
check here for certidcation for 81 800
against au uncertiied check for $75,-
000." Ward telephoned back it was
all right, and l certified it. saw
Ward on May 5, about o'clock. He
came 10 Monday morning before bus
mess hours and asked for the with~
drawal of a certified $50, 900 check, as
an $SI, 900 check against which the
former sum had beer drawn had been
withdraw. Mr. John II. Carr, the
receiving teller was present, and in
structed him to withdraw the check
When the exchanges came IN, saw
the $81, 900 check which Ward said
was withdrawn was presented and
paid by the bank. | rang Ward up
and told him. He said it was strange
but that it would be all right he was
too busy to come and see me then.
Benjamin Fish, a brother of the
previous witness, testified: Goa May
3 and 5 L was paying teller of the
Marine bank. On May 5 | received
this 81, 500 check over the counter
for certifcation. 1 passed it to the
receiving teller, who showed me a
non- certified check for SIS, 900 depos
tied against it. / then took the S7I,
500 check TO the president, who tele'
phoned to Ward, and | heard w ards
reply over the phone. When | re-
ceived the $8l, 900 on Monday, May
6, took it to president Fish, who tel
ephoned Ward again and received a
reply that it would be all right
Ward listened attentively as he
read off the amount made by himself
and the frm to Grant 81 Ward. Some
of the deposits ranged in the region of
hundreds of thousands. General
Tracy demanded that certain books be
produced, and they not being at hand
he asked for time to examine them.
l don't propose to delay this case
was the answer of the judge, and you
viii have t9get the books the best way
you can. Paying Teller Fish testified
that on April %, 1884, Grant q Ward
had balance Of SAC, 600, and on the
morning of May 2nd, the balance was
$8.048,001, on May 2nd .sWard was
raising money for the bank and he
managed to make deposit By CON
sent the counsel sheets from which
these statements were given by the
witness were admitted as evidence
thereby excluding testamentary evil
dence in regard to the overpaid drafts.
Grant 81 Ward had two accounts one
special and the other general. Ward
besides had an individual account and
drew against the three. Sheets of
these accounts were also admitted as
evidence. Ward had spoken to the
witness about the purposes of the
special account, but the testimony on
this point was ruled out and the wit
ness excused.
Samuel D. Cornell, the book-keeper
of the First National bank, then tes-
tilted. His testimony was OF the same
general character as that of Paying
Teller Fish.
Elk President Fish was then called
and Ills cross examip alton was resum~
ed. 81 do not know" he said, "how
many letters I received from Ward on
Nav 1st 1t was not true that nay
bank was in financial difficulty since
January 1882, and that Ward had
kept helping to save it. We pressed
Ward to return to us the money winch
he and his firm had borrowed.
Fish continued, "On May 9TH nad
no doubt but that we could have got
gen relief from the other banks had
the government contracts been true,
as | believed them to be. A refusal
to certify to Grant 81 Wards checks
would have caused arun on US, which
would have broken them up and then
our bank would be forced down. |
am now staying at the Military Hlll
hotel and | believe the district attorS
ney resides there also. We have had
frequent talks together but not much
about the case.
The examination of Fish then end
ed
Two other witnesses were examined
briefly, but failed to discover any
thing new. The prosecution then
| rested.
THE TESTIMONY of VIM. wARNER
was called to the stand for the defense;
He testified that he knew Ward and
recognized the check for $40, 900,
which he had received in the ordinary
course of business. After certlhcaS
ton by tha Marine bank it was de-
posted in the American Exchange
/ bank.
In the cross examination Warner
said he had received the CHECK. IN
Wards private office, and at the Tune
had with him the obligations which
the money was due. The amount wa
the profit on certain Investments
which were due Grant & Ward on
the government contracts. The W.T.,
ness could not remember the form OF
the obligation, but it was due on thai