St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-07-17
not shown the same condition for some

months pasts''
81 do not remember his asking me
that question, nor do remember max
ing any answer if the question was
asked me-"
Mr.. Jamison wanted to know who
composed the firm of George A. Clark
q Co., and Mr.. Clerihew said he did not
know.
WAS William Clark ever interested
in your irm?"
mo, sir, he was not since have been
in Minneapolis. He was special part
ner before the firm came here, but he
went ont ttilen."
THE FINANCIER TALKS.
Mr.. Shotwell took the stand when
Mr.. Clerihew retired. He went East,
he said, on June 2 last. Before going he
had conversation with Mr.. Clerihew
in relation to some checks. The even
ing before he went east he told Mr..
Clerihew that he had drawn good
many checks on the Nicollet bank
which he might be unable to meet, and
II such was the case to telegraph him at
the National Bank of Commerce at
he would make them good.
You attended to the financial bust
ness of the firm?" asked Mr.. Wilson.
II did. We had been doing a large
business with the bank at Providence
for nearly two years. We had also done
business with the Hanover National
bank for something over three years.,
Mr.. Shotwell was here given his
check-bOok on the Hanover bank and
was asked to tell what his-daily balances
were in that bank. Mr.. Jamison OBJ
Jected, holding that it had no bearing
on the case, for the reason that it made
no 6ItfnrlnNa Whnfhar fhn firm ha6
funds there or not, as the drafts were
not drawn on that bank. Mr.. Wilson
argued that the evidence was perfectly
proper, as it tended to show that the
firm believed the drafts would be good
when they reached the bank. Mr.. Shaw
took hand in the discussion and ridi-
culed the idea of check on a bank
where man had no money being law
full exchange. They really depended
on Mr.. Shotwell's power to borrow
money to meet these drafts, according
to the testimony of Mr.. Clerihew. The
way the firm made provision to meet
these checks was by drawing ON bank
where they had no money and then
sending the checks to the bank on which
the drafts were drawn. Mr.. Wilson
claimed that if Judge Shaw's version of
the law was correct the firm was guilty
OF obtaining money under false pre-
lenses every time it drew on the banks
III the East, and then sent ON money to
meet these checks. But the law says
there must be intent to defraud, and
this could not be shown in this case, as
the firm had reason to believe there
would be money in the Providence bank
to meet the drafts when they arrived.
YES" said Judge Shaw. but what
Shotwell, Clerihew & Lothman sent
East was not money; it was simply an
order for money, unlike a bank check,
which is vastly different from the firms
checks"
A WARM DISCUSSION.
The discussion between Mr.. Wilson
and Judge Shaw was resumed, and the
question as to whether or not Mr.. Cleri-
hew had good grounds for believing
there were funds in the Eastern bank
to meet the drafts when they arrived
there was holly contested. ut was
just such methods of robbery as this,''
said Judge Shaw, getting warmed up,
''that landed Boss Tweed in the peni-
tertiary. This firm knew it had no
money, and so resorted to these peculiar
methods of obtaining it from the Nicol-
let National bank"
But what had Mr.. Clerihew to gain
by it?" asked Mr.. Wilson. ''He did not
get cent out of the transaction. If he
udo lllGCuuCu W uClIduu duN OIlC WIlcn
he drew this check, why did he send
the firms own check to the Eastern
bank? This shows plainly that there
was no intent to defraud. This
money all went to paying creditors.
The whole question hangs on the ques-
ton as to whether MI. Clerihew fully
believed these drafts would be honored
at the Eastern bank when he drew the
money out of the Nicollet bank. If he
did believe this, | do not see where
there can be any criminal intent. If he
did believe that his account would be
good there, he is not a criminal in the
eyes of the law"
Mr.. Shotwell was finally allowed to
give the balances in the Hanover bank
from June to July IL. They were as
follows: