St. Paul daily globe., 1888-07-18

in the East.to meet those cheeks you
had drawn?'
Possibly 500
"Did you make statement to any one
after you went East?"
Il think l did, 1t was''-
81 object" interrupted Mr.. Wilson.
That would show nothing"
"Yes, it would" replied Mr.. Jamison
Il want to show that false statements
were made and that MIR. Shotwell knew
the firm was insolvent."
Ibid you not know on June 2, when
you made an assignment June 20, that
your firm was insolvent?"
mo, sir. On June did not know
that our firm was insolvent."
"You say that in December that your
Indebtedness was only about $500,0O0,
and now you swear that in June your
Indebtedness was over 81 100000"
u never said that in December our
Indebtedness was only S500,000. 1t was
over 100000. More than that-Sl, 100,-
600. never swore that our liabilities
were placed at the first named figures"
''Ihen the statement made to the
commercial agency here was false, and
you knew it?''
"For the sake of argument will ad-
init that such was the case"
"And do you mean to tell me that you
did not know that your liabilities in
creased from 100000 to over S1,000,0 900
from February to June"
"No. sir; did know it.''
Ibid you not make statement in
New York that your liabilities were
were?"
Substantially the same statement
was made.'
''Oh, | thought so. That tends to
show what the firm was up to-"
II knew that our liabilities were
larger in June than they were in JAN
uary, but did not think they were more
than 100000 or 100000 larger. The real
figures are in the neighborhood of
5000, O,O0O.'
''The statement you made in New
York was the same as the one you made
here in December, was it not?'
ITO whom did l make this statement?
Ii L made such statement it was the
same. 1t was based on the December
figures, and was based on our increased
profits and business"
"Then you did not take into account
your increased indebtedness?'
II did not say So"
Mr.. ShOtwell was asked if he had re-
ceived notice of all the checks Mr.. Cler-
thew had drawn on the Nicollet bank.
He said Mr.. Clerihew had notified him
of all except twO-One of them being the
check for $4,000, which had caused all
trouble.
''Have you made statement in writ
ing in this city to bank?"
II do not remember such statement.
sir. If you will show me the statement
can tell you whether l made it or
Ibid you not make statement show
ing your assets to be considerably larger
than your liabilities?''
"What statement do you refer TOP"
"Did you not know that such a state
ment was made?'
81 saw Mr.. Clerihew give CONNER
cial agency man some figures, but l do
not know what they WERE"
"Did you not hear Mr.. Clerihew swear
that you gave these figures to the
agency?"
Il did not, for Mr.. Clerihew did not
say that"
A discussion ensued as to whether or
not the statement was admissible. The
question was argued at some length by
Mr.. Wilson and Mr.. Shaw. The state
ment was finally admitted.
Mr.. ShOtwell was shown the state
ment dated Feb. 90, 1888. He would not
swear that he was not present when the
statement was made, but he thought he
was. When the statement was made he
did not know what the figures were, as
he did not see them. Judge Shaw ques-
toned Mr.. ShotweIl pretty closely and
finally brought out the fact that the
statement was not a perfectly correct
one. This was not the same statement
that was made Dec. l, 1887. The assets
mentioned in the statement shown Mr..
Shotwell were placed at $691, ,235. .16;
while in the schedule prepared by the
assignee they were given at S722, $3.50:
showing that the assets had increased
about $4,000 from December to June.
The same statements showed that the
liabilities increased from S600,00 to ST.
100000 in the same period. An adjourn
ment was taken until 2 p. m.
During the latter part of the morning
Mr.. Shotwell became decidedly nervous
and frequently looked troubled when
certain pointed questions were fired at
him. Mr.. Clerihew, who occupied seat
just back of Mr.. Wilson, was also very
nervous. He took copy of the penal
code, which lay on the table near him,
and read it through several times, now
and then pausing to look at his partner
on the witness stand. Mr.. LOthman
occupied seat at one side of the room,
where he sat very quietly, never making
suggestion. He looked at Mr.. Shot
well all the time, as though trying to
read that gentleman's thoughts. and to
make out how it was he could borrow
$4,000 without ever giving his note.
Messrs. Shotwell, Clerihew & 10th
man were all present in the courtroom
ah0nt half an hnnr hpfnra T,I6ra Mo-
honey came in, and held long confer
ence with their attorneys. Finally Mr..
ShOtwell retired to corner, where he
sat looking at the audience until court
convened. Mr.. Clerihew occupied the
seat that he had in the morning, and
after the conference was ended said not
word to any one. Judge Mahoney en-
tered the room at $50, and Mr.. Shotwell
was recalled to the witness stand. He
was present at the Nicollet bank on July
9, he said, when there was converse
ton between De Laittre and Mr.. Cleri-
hew. He had heard questions addressed
to him in relation to the drawing of the
checks.
''Were you not informed that the di-
rectorS of the bank desired information
as to the drawing of those checkS?"
Eyes, sir, | was. / stated then that l
had drawn the checks and had sent them
East, but l did not state the various
amounts"
did you not tell the directors that
you had arranged with Mr.. Clerihew
for the payment of those checks?"
81 stated that l had told Mr.. Clerihew
that if he had not money enough to
meet the checks to draw on the bank of
Providence, ard to make checks Oh the
Hanover bank to meet the amount
drawn OH the Providence bank"