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

the witness replied that he had-he had
told Mr.. Clark to deposit them in small
amounts, say one each day, for the
reason that he wanted them TO come
back here in small amounts at time.
did you hear Mr.. FOSS state that this
$4,000 came back to the Nicollet bank
unpaid on the 12th?"
NE, sir, I did not. only heard Mr..
Cierlhew state that he expected checks
to that amount back on that day."
"How did Mr.. Clerihew know this
check would be back on the 12th?'
"Well, l had told him before left for
New York. had not given him an ac=
curate memorandum, but ! tuid him,
how l had instructed Mr. Clark to de-
poslt them. may have written to him
from New York in regard to the matter,
but OF that am not sure" u
Had Mr.. Clark used all the checks
you sent him before you reached New
YOrk?''. lr
Il cannot tell, but think he had, all
but one for some $4,000 or ST., ,OOO." II
''Then you did not send all the checks
on the day you left here?" 81
mo, sir, did nOt.' g
when you went away you took with
you three checks for $4,000 each on
the Nicollet bank, all filled out, did you
not?'
81 did,
''What did you do with them?'
II gave these checks on the 9th to q.
A. Clark & Co. for their $50, 900 check on
the Chemical bank. This was part Of
the money deposited in the Hanover
bank"
Did you not know when you gave
those checks to Mr.. Clark that you had
not the money in the bank here?'
Il did not know that l had no money
there, but l thought we had a balance
there, l did not not know how big.
Two of these checks Mr.. Clark did not
use at all, and they are now in his safe,
| suppose. When l got the money on
these checks / at once notified Mr..
Clerihew here in Minneapolis. l pre-
sumo he received this notice on the 18th
or 18th of June"
"At the time you drew the checks on
the Nicollet bank and made out the
checks for $4,000 in New York did not
know that the bank had warned you
that none of your checks would be paid
unless there was money in the bank to
meet them?"
Eyes, SIR"
''Did you make a statement in New
York in relation to your business"
II must decline to answer that unless
Glc COuTG Says must.
The court said that he must, and Mr..
Shotwell said that he had made no
statement which he could not verify.
''But did you make statement?"
II did, to A. d. Julliard, and this
statement was based OH our December
statement, which placed our assets
above our liabilities. This statement
was true, according to our December
figures"
did you not make a statement to the
Northwestern bank some time after the
1st of January?"
II did"
"You made this statement for the
purpose of obtaining credit?''
Il cannot say that l did not"
"Was this statement the same old
story?"
Perhaps it was; but cannot tell as
liabilities are constantly changing"
"Yes, that's so, they are in some
mems business" was the sarcastic reply
of Judge Shaw.
''This statement was made since Jan.
l, was it not?"
THAT | cannot state"
"When you first opened business with
the Nicollet bank did you not make
statement in regard to your business to
Mr.. Foss?"
lhio NuCOtlOu was ODJCCGCll W ny MI.
Wilson, and the court sustained the OBJ
lection. &c
Mr.. Wilson took the witness. Mr..
Shotwell said that all the statements he
had made were based on the December
statement. This statement was made
up of the value of merchandise, bills
and accounts receivable, real estate
stocks and life insurance, and showed
the liabilities slightly lower than the
assets. Mr.. Shotwell went on and told
the arrangement made with Mr.. Clark,
in New York, in regard to depositing
the three checks for $40, 0,010, each drawn
was that one was to be deposited Mon
day, another on Wednesday, and the
last one on Saturday. The custom of
sending on checks and drafts to certain
banks to make accounts good was Gus
tOmary, Mr.. Shotwell said, and he knew
that even Mr.. FOss, the cashier of the
Nicollet bank, had done the same thing.
Judge Shaw took the witness again
and hauled him over the Goals for max
ing the statement that it was common
thing among business men to send
checks and drafts for exchange on a
bank where they had no funds. Mr..
stock, stating that it consisted of $50, 900
borrowed from q. A. Clark. Again the
question of the conversation had with
Mr.. FOSS some two years ago came up
and Mr.. ShOtwell objected.
'YOu are fortunate in having so good
Client" said Judge Shaw, turning to
Mr.. Wilson; "he objects ana you follow
it up"
Judge Shaw wanted to show that the
firm never had any money belonging to
Mr.. Clark when the statement was
made that it had, but the evidence was
not allowed, on the ground that it was
too remote to have any bearing on this
particular case.
why don't that s15O,oOO appear in
your schedule as assetS?" inquired
Judge Shaw.
"Well," replied Mr.. Shotwell, sit
does not appear there because it has
been lost"
"Where did it go?"
"That cannot say, but let me illus
trate: | bought horse once for 81 200
and hold it for $50, and I do not know
where the Sl,15O went to-
Judge Shaw turned to the witness
with a sarcastic smile and blandly
asked: THAT transaction did not take
place very recently, did it?"
When Mr.. ShotweIl left the witness
stand deputy sheriff served papers on
him, calling Oh the firm to show cause
why Dakota firm should not recover
$4,000 damages from it on real estate
deal. Court then adjourned to $3.50 this
morning.
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