St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-07-14

his gold eyeglasses abstractedly. Will
lam Lothman, who is generally be-
lleved to have been entirely without
knowledge of the firms financial trans
actions, looks like a farmer, with his
tanned cheeks and well-grown beard.
On the opposite side of the room APP
peared the swarthy face and shiny bald
head of John DeLaittre, president of the
NicOllet National bank, which is the
complaining witness. F. G. Winston,
pleasant faced and young looking. sat
with tawny beard and keen eyes, sat
we'll to the front. The defense was con-
Quoted by Hon. E. M, Wilson, who
always communicates confidence to his
clients by his own confident intelli-
gence, and by j. w. Lawrence, presi-
dent of the Algonquin club. Assistant
County Attorney Jameson, with his
pleasant looking, Andalusian conten-
ance, conducted the prosecution, and
was assisted by Judge j. NJ. Shaw, the
banks solicitor, who sat nervOuSly toy
ing with his long black eyebrows and
occasionally interfering quick, forci-
BILE objection or comment. These, with
the crowd of spectators, largely COM
posed of various bank officials and at
tOrneyS, made up the gathering in the
court room.
THE BANKS CHARGE.
On motion of Mr.. Wilson the de-
PENDANTS were examined separately,
and Mr.. Clerihew was selected as the
first subject. Cashier Foss took the
stand and the bank made its case,
though not until counsel had INDUCED
in lively scrap over the admission of
parts of the testimony. The charge is
that Shotwell, Clerihew & Lothman
defrauded the bank of $4,000 on June
II, though the amounts drawn about
tn that time toatled $4,000: Mr.. Foss said
he had had conversation with Shot
well, who said he was going
East to arrange for large sum of
money through Providence bank, and
it was decided. it should be drawn
through the Nicollet bank. After a
wrangle between council, it was shown
how, on June IL, Mr.. Clerihew had
drawn draft for $4,000 on the Ma
tiOnal Bank of Commerce of Provi-
dence. Mr.. JamiSon asked Mr.. FOss
questions to show that regular system
was practiced by the firm, drawing
drafts on Providence, when they had no
funds there. Mr.. FOSS said he relied Oh
Mr.. Clerihew's word that funds were
pension, both Clerihew and Lothman
had admitted they had no money in
either the Providence or the Hanover
bank. They had forwarded checks to
these banks to meet any drafts and
keep their account good. Mr.. Wilson
said there was nothing criminal in this,
as it was purely legitimate business
method. The firm had been doing this
right along, without thought of wrong
doing. He introduced various checks and
drafts used in this way which were paid,
to show there was no criminality of in
tent. Mr.. Foss admitted this, but main
tanned the representations then made
were different. He also, on the redi-
rect, submitted dishonOred checks of
June Z, 8, 8 and 10, aggregating S64, 900.
He had received telegram announcing
the dishonor of the first check on June
z, but it was after the $4,000 draft had
been deposited. President De Laittre
corroborated all that Mr.. Foss had said
and added that Shotwell had told
him they had no money in the
Providence or Hanover bank, where
the drafts were drawn, but had ex-
pected to raise and deposit it in time.
Vice President Winston also corrob-
Grated what had been said, and added
that Shotwell had told him he had eX-
pected up to June IL to receive check
for $95, 600 from friend, but had failed,
and he excused the queer proceeding of
drawing where there were no funds by
saying they had often done it before.
MIR. CLERIHEW'S STORY.
In the afternoon Mr.. Clerihew was
called for the defense. Mr.. Wilson first
making an argument that to hold him
it must be shown he had knowingly
made the draft when there were no
funds to meet it. This brought both
JamiSOn and Shaw to their feet to COM
bat it. They held that all Mr.. Clerihew
could testify to were the facts, leaving
the court to decide whether he was JUS
titled, from them, in thinking all was
right Mr.. Clerihew said:
before Mr.. Shotwell went away, on
June 2. he told he had made certain
checks on the Nicollet bank. l could
tell about what time they would be re-
turned to the bank for payment, and he
told me to make drafts. to cover them,
on the Providence bank and at the
same time send to the Provi-
dence bank checks on the Han
over bank to meet them. He said
he would see that they were taken care
of at the Hanover bank, and would tele-
graph me if all was right. He tele-
graphed and l made the drafts as agreed
upon,"
Mr.. Wilson here produced copy of
the telegram, as the original was
destroyed. 1t read: Everything in
good Shape. and will remain so, if it
takes all summer" MessrS. Jamison
and Shaw objected to admitting this,
and quite a discussion enSued, in the
course of which the latter grew satirical
and called the message heroic quota
ton from Grant. The operator had been
subp9naed but had failed to appear,
but finally the copy was admitted.
Judge Shaw here made long and
scathing argument, in which he referred
ciering'' by which $4,000 had been
drawn from the Nicollet bank. He
claimed that this did not relieve MIR.
Clerihew at all. The dispatch conveyed
no information, and might mean that
the Shotwell financiering scheme was
working all night on it might mean
| anything. Mr.. Wilson argued that
after the agreement between Shotwell
and Clerihew the telegram was notice
to the latter that funds had been placed
with the Hanover bank and he might
was innocent of any guilty intent. At
this point Manager CaSsiday. of the
Western Union, came in to verify the
telegram.
1T WAS VERY AMUSING
to the crowd to hear him read the rules
of the company in regard to producing
kilograms in court, and apparently urge
these rules against the law. His pomp-
Gus speech to the effect that he would
obey his superior officers. even though
in contempt of court, also raised smile.
The telegram was verified and the testi-
mony proceeded. Mr.. Clerihew said he
supposed the firm was in good
standing and financially sound
hot Sc fol ina
| their paper had gone to protest, was
like thunder from clear sky. Mr..
| Shotwell had said to notify the banks,
| which he did the next morning He