Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-12-15


Tense. The deposition went on to say
that his wife owned sixteen shares Of the
capital stock Of the First National bank;
that the stock was under the control of
Mr.. Fisher, and was at his disposal. He
sold it to Mr.. Baker, because Mr.. Fisher
told him he might-that he had control
OF the bank without those sixteen shares;
he desired to see Mr.. Fisher secure con.
troll Of the bank, and co.operated with
him to that end.
Mr.. Fisher continued his direct testl-
mony, ard again this morning he took
the stand. He said that later on Mr..
Gage informed him that Mr.. Fairchild
had been up to his house and offered
him $1,000 for his stock. Mr.. Fisher
said he expected that would happen, but
suggested to Mr.. Gage that he supposed
everything was all right as far a they
(Fisher and GaRe) were concerned. Mr..
Gage replied in the affirmative, but said
he would like some written agreement
as to the cashiership that he was to have.
This was the 18th Of December, at Mr..
Cages house, and it was the first time
that the cashiership idea had been
sprung 90 the witness. Up to that time
the understanding had been that Mr..
Gage was to have employment at the
bank-to take Judge Bowen's place.
Mr.. Fisher began to feel at this time that
Mr.. Gage was in a position to squeeze
him and he consented to make him cash
Ter. Mr.. Gage, the following day, pre-.
sented to the witness a paper to sign, in
which it was set forth that Mr.. Gage was
to draw 800 month as cashier, but
there was nothing in it as to his perform
ing any duties. The witness said he did
not care to sign it that way, bu: was
willing to sign n that he would draw
up. Another was drawn up by Mr..
Fisher as follows:
In consideration of j. r. Gage joining
me IN effecting the controlling interest
OF the capital stock of the First National
bank OF Bismarck, I hereby agree to
furnish said ]. lR. Gage a position as
cashier of said bank, at a salary not less
than 500 per month, payable monthly
beginning on the 18th day of January,
1888, and during his ability to perform
his duties as cashier, provided such con-
troll is assured at such time.
ASA FISHER.
Bismarck, n. D., Dec. 1892.
There was al endorsement on the doc
ument reading as follows:
The time of taking effect Of this agree
menti is deferred until March IL, 1898.
). r. GAGE.
Bismarck, n. D.. Feb. l. 1893.
1t developed iu the course of the testi-
mony that the Gage endorsement was
made at the request of Mr.. Fisher and
was a piece Of strategy on his part to
secure the written acquiescence of Mr..
Gage to it. After the contract or agree
ment quoted was signed by Mr.. Fisher,
Mr.. Gage called on Mr.. Fisher and told
him that the Fairchild contingent had
offered him 5000 for his stock. Mr..
Fisher asked him what that had to do
with him. MIR. Gage replied that be was
a poor man and needed money. The full
force of the situation then dawned fully
on Mr.. Fisher, and he charged Gage
with bad faith; with having allowed him
to let go OF the Shaw stock, and now he
was going to squeeze him. Mr.. Cages
reply to this was that he needed money
and must have it. MI. Fishers reply
was that he must have the stock or be
would be ruined and he agreed to pay
so,OOO for the stock. He gave Mr. Gage
$1,000 and a 15.day note. for $1,000.
When the note became due Mr.. Gage
called on him to pay it and witness paid
him $1,000 more and stood him off for
the balance. Up to this time the witness
had not realized that he had any way
open to him, but to pay the note. The
election of officers was duly held in
January 10, 1893, and directors were
elected as follows: Fisher, Perkins,
Dewey, William and Gage. There were
SIG votes cast for this board-488 be-
longed to Fisher, 10 to Perkins and 25
to Mr.. Strauss (which were transferred
to Mr.. Wilham.) In the latter part OF
January the witness consulted Mr.. Reg
lister and as a result of that consultation
the following notice was served on Mr..
Gage:
ITO J. r. Gage, Bismarck, N. d.: You
are hereby notified that the undersigned
rescinds the contract made between you
and the undersigned on the 10Th day of
December, 1892, wherein said under.
signed bought Of you ten shares of bank
stock OF the First National bank of Bis.
marck, N. D., at the agreed price of S..
oO. And you are hereby notified. that
the RECESSION OF said contract is made upon
the grounds and for the reasons that
you induced the undersigned to enter
into said contract through the use of
fraud and the exercise Of nndua inHn.