St. Paul daily globe., 1888-07-31

ment Of facts, Mr.. Wilson said
The defendants were charged with
making draft on bank where they
knew they had no money, and with
criminal intent. In order to hold on
this charge, probable cause must be
shown. The whole matter hinges on
the question of criminal intent. TAX
ing up Mr.. Clerihew's case. Mr.. Wilson
cited various authorities on this ques-
tion of criminal intent from which.
throwing aside the legal verbiage, the fol-
lowing points were made: Overdrafts
were TOO frequent to be classed as false
pretenses; knowledge of insolvency did
not make the act fraudulent, as a man
of good credit and doing regular blfsi-
ness, even when he knows he has not
assets sufficient to pay his debts, clings
naturally to the hope of better times and
the Chance to pull out. Continuing, Mr..
Wilson reviewed the evidence of Cashier
Foss, and pointed out number of in
cOnsistencies in his evidence which
amounted almost to positive contradic-
tiOns. 81
Foss, he said, had first testified that
he notified the firm of the arrival of the
checks from the East OIL the day the
famous $4,000 draft was made; after
ward he admitted that no notification
had been given, to his knowledge. Fur
ther FOSS'S indirect and loose statement
regarding Mr.. Clerihew's admission
that there was no money in the Eastern
bank at the bank interview on July 2,
was the only scrap of testimony
III the whole case which went to
show that Clerihew had any idea that
the $4,000 draft would not be paid.
This was contradicted by both Shotw ell
and Clerihew and could not be con-
hrmpd of hn 70 xrrbi inh
he brings down here to try to swear
these men into the states prison."
In fact, Vice President Winston vir-
tually contradicted the testimony of his
cashier. But" cotinued the lawyer,
''Mr. FOss swears to that blankly and
blandly. 1t is likely that Mr.. Clerihew,
even supposing he was the criminal
they are trying to make him, would thus
crlmlnate himself? There are two kinds
OF witnesses. One class will only testify
to that which they know to be true; the
other will testify to anything which
they don't know to be false. l think
Mr. Foss (Mr. Wilson stumbled, perhaps
Intentionally. and first called him Mr..
Faise) is of the second class"
After referring to other testimony
Mr.. Wilson discussed the general ques-
ton of.eXchange, arguing that the prac-
tice of Shotwell, Clerihew & Lothman
in drawing on bank where they had
no funds, with the intention of meeting
the drafts when presented, was identi-
cal with that of all banks issuing for
eign exchange and with the us
age of the Minneapolis millers.
He held that business could
not be done without these meth
ods, and they were rendered honest and
Legitimate by the fair presumption that
all such drafts would be paid. 1t was
only the same credit principle on which
business transactions were almost uni
versally based.
Turning to the testimony offered by
the defense, Mr.. Wilson first enlarged
upon the position of Mr.. Clerihew
after receiving the telegram from
Mr.. Shotwell, in which he
said things were all right
and would be kept so if it took all sum-
mer. He held that after the understand
ing which existed when the partners
separated, Clerihew could do no less
than interpret this as meaning that all
drafts would be honored.
At this point. the remainder of the
argument was postponed to Wednesday
morning, as Judge Mahoney was busily
engaged with the criminal business OF
the cOurt