Omaha daily bee., 1891-10-18
NEWS FROM COUNCIL BLUFFS.
Mcmahon Explains Why He Failed to Pay
Judgments.
QUEER PHASES OF THE ENLIGHTENMENT.
Mother OF the Prisoner Had Seen the
Receipt Given to Her o
But IL Had Disap-
pcared.

Public interest conferred yesterday to Q
large extent In tho Mcmahon embe2zlement
tria. that was going on at the court house.
There are many residents of the city who
have suffered either directly or indirectly on
account OF McMfahon's peculiar way of doing
business, and the defendant has been Kept
out Of serious trouble several times before by
his mother putting up the necessary cash to
satisfy his victims. Hence tho widespread
interest in the outcome of the case.
Mcmahon himself was put upon the stand
yesterday morning Immediately after court
convened and was put through a searching
CrOss-eXamination by County Attorney
Organ. He admitted securing tho loans for
Latham, according to the statements of the
old man and his wife. Had secured a loan of
$1,000 to pay off the previous one OF 500, but
had failed to apply the 1000 to the pur-
pose for winch 1T was intended. lie
said there were judgments against
Latham's land which had been unsettled,
but could not say just what they were. He
also admitted negotiating the loan OF 81 600,
which was intended by Latham to go tow
ard settling up the previous loan OF Sl,OOO
ana that OF $500. lie claimed he used a part
of 10 to pay of the 500 loan and gave tho
rest to Latham, with the understanding that
Latham was to use it in paying of the
81 1000 loan. He did not act AS agent for
Latham, but for eastern parties who held the
mortgages Ol lIuJuiIl y property. -
He stated that he had never had any con =
versation with either Latham or his wife
after they signed tho mortgage for 81 900, and
he denied point blank ever having told them
that he would pay them the money If they
would agree not to make him trouble, as 10th
Mr.. ana Mrs. Latham had stated on tho
stand. His crOSs-eXamination was unsatis-
factory to the county attorney and the wit
ness, as well on account OF the lack of
memory he displayed in regard to a number
of very important points in the case.
Mrs. Mcmahon, the mother of the defend
ant, who has sat by his side all through the
trial, was put on the stand, and testified
that when her son left the city in October,
1856. he left u lot of his valuable papers with
her, and that in gong through them one day
she came across a receipt bearing the sigma.
ture of Edmund Latham in full settlement
of all claims Latham might have upon the
defendant up to date. Sho took the receipt
to George II. Wright, who had acted as at
torney for her son and it was locked up by
him in his safe. On cross-examination she
admitted that she had not noticed the date Of
the instrument and could not say whether it
had been maze out before or after the loan of
81 900 was made.
George T.. Wright testified to having seen
tho same receipt, but his mind was even
more cloudy on the subject than that of Mrs.
Mcmahon. He could not tell the date of tho
instrument nor the amount for which it was
issued, and he could not swear to Il certainty
IuiU inc Sl0UHIuTc dDDtnuGu 10 IL
was that of Edmund Latham, as he
had not seen his signature more
than once or twice before. The receipt
Itself had been locked up in his safe with
such a vengeance that it mad never been seen
from that day to this and all efforts to find it
had been fruitless. He was quite sure, how
ever, that IT. was still in his office.
Mrs. Latham was recalled and questioned
as to the conversations she claimed to have
had with Mcmahon and which Mcmahon de-
MED had ever taken place. She told of three
different times when Mcmahon had told her
he would pay the money if she would not
make him any trouble.
On beng recalled Mr.. Latham also con-
tradicted McNlahon's testimony by stating
that Mcmahon had always paid the interest
on the $500 loan, and that he had never seen
n cent of the 81 800. A. II. Flickinger, who
had acted as attorney for the plaintiff in the
suit which was brought TO foreclose on the
$500 loan, corroborated Latham's statement
with reference to the payment of interest by
McMahon during the two years ne had the
mortgage in his possession.
In the afternoon Attorney Baldwin ad-
dressed the jury on behalf of his client for
about an hour, during ali of which time he
was listened to by tho jury and the audience
with the closest attention. County Attorney
Organ followed with a concise statement of
his side of the case, answering each point
brought forward by his opponent, and the
case went to the jury at 4 80 o'clock.