Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1892-01-29
District Court.
From Thursdays Daily.

Y SouTUs
From Thursdays Daily.]
The case of Hubbard, Spencer &:.Bart-
lett vs. the Capital National bank of
Bismarck, which is now engaging the
attention of the district court, is a suit
to recover $4,000 and interest. The
chief witness for the plaintiff is Mr..
Elko Van Houten, who has been on the
stand for two days.
The facts in the case are about as fol-
lows: In December, 1886, the firm of Van
Houten Bros. & Little we're houndering
in the slough of financial dependency,
with an indebtedness to the Capital Ma
tional bank of about $4,000, and $4,000
to the Chicago firm who appear as
plaintiff in this action. In December of
the year named, the bank dressed Van
Houten Bros. & Little for additional &C.
curity, and the result was that the bank
advanced an additional $4,000 to clear
up the demand of some other creditors,
and took a pledge and mortgages on 81,
600 bushels of wheat, the store building
on Main street, a quarter section of land
at Menoken, and one warehouse and
property stored therein, on Sturgis' ad-
dition. The "pledge' securing the prop
erty was signed on December 81, 1886.
When this pledge was signed, the bank
had. in it's possession, for collection, the
notes for $4,000, made by the local hard
ware firm to Hubbard, Spencer & Bart
lett. These notes we're unsecured, and
never were secured.
But the plaintiff in this suit comes in
and seeks to prove that on the morning
of December 81, 1886, when Mr.. Van
Houten discussed with the bank the
question Of giving additional security,
Mr.. Van Houten insisted that their Chi
cage creditor should be taken care of,
and Mr.. Van Houten claims that on the
morning of that day he read in Mr..
Hughes office a pledge, ready for sigma
ture, which did actually provide for the
Hubbard, Spencer & Bartlett indebted
ness. He was requested by the bank Of
fcers to wait awhile before signing it,
as it was not quite ready. In the even
ing of the same day he called in at MI.
Hughes Office just as he was going off
on the train, and signed the paper hur-
riedly, without reading the document,
but %supposing that it took care of their
Chicago creditor. In other words, the
testimony OF the plaintiff in this case
goes to prove that the bank officials
shifted the cut" on MI. Van Houten
just as he signed the pledge.
The direct testimony of Mr.. Van
Houten was concluded yesterday after
noon. His cross-examination was pro-
ceeding at 1890 p. m. last night when
court adjourned.
In the district court Thur sday the
witness, Van Houten, was on the stand
all day under cross examination. The
line of cross-examination was directed
to shaking the testimony of the witness
wherein he had testified that he was
deceived by the Capital National bank
when he signed certain documents.
Court adjourned at 4 O'Clock, owing to
Mr.. Van Houten's sickness.
In the district court Friday the
case of Hibband, Spencer and Bartlett VS..
the Capital National bank was resumed.
During the afternoon the cross-examina-
ton of Mr.. Van Houten was completed,
and various pieces of documentary evil
dence were introduced. Court adjourned
till 10 o'clock this morning.
For LaGrippe
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Commander F. E. Chadwick has been
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For Over Fifty Years.
Mrs. Winslow's Soothing Syrup ha.
been used for children teething. II
soothes the child, softens the gums, al
lays all pain, cures wind collie, and is thu