St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-06-16
WHAT is An OvERDRAFT 4
QUESTION UPON WHICH THE HAWKS
~ CASE HINGES.
GRAND VIEW RANcH mArraR,
Hawks Explains Its Conveyanee
to Gov. Marshall. al Trnstea,
TO Protect thu Bank-Thres
= Ranch Companies became taf
debted to the Bank-W. b..
evans ON the Stand. 4

evans ON the Stand. 5
Nearly all OF yesterday was taken I'D
In Judge Kerr's court with the cross
examination of the, defendant. c. A,
Hawks, who Is charged with making q
false return concerning the Seven CogF
ners bank to the public examiner. Con,
trary to the usual custom the court viii
be in session today and proceed with
the trial. An important point in the
trial is the definition of the banking
term ''overdraft." Counsel for the de-
Tense sought to have both Hawks and
w. b. Evans. who was connected with
the bank. define the term. but the court
has thus far held that neither of them
have been shown to be in positions to
express expert opinions on the disputed
question.
AT the opening of court yesterday
morning Judge Kerr declined to admit
in testimony the letter Mr.. Hawks
claims to have sent to Mr.. Kenyon. by
special messenger. The latter was ex-
planatory of the report sent concerning
the bank. The question of the time the
letter was sentis Of prime impo rtance
In the case. The court stated in this
connection that il crime was com
mitted IN sending false report it had
been done before the letter in question
was written. notwithstanding the fact
that the letter may have reached Mr..
Kenyon before the report.
Upon cross-examtnation Of Mr..
Hawks by the county attorney, it was
learned that the bank owned consider
able real estate, and among it lands in
Colorado, including lots in Pueblo and
real estate formerly belonging to the
Grand View Ranch company and the
Nesbitt Ranch company. The bank
acquired the Grand View Ranch COM
pany to protect Itself in loan made to
Douglass II. srandf. who wasa COLI
tractor living at Hamtine as early as
1889. The ranch property was conveyed
to William b. Marshall as trustee. to
protect the bank. and the bank adj
vauced money to carry the property and
divide it into lots for the purpose of
sale. The admission was made by Mr..
Hawks that he had a contract with Mr..
Tandy, by which he was to receive
OuC-idll vi thC ptOCCOuS VI tuO vi duo
View Ranch company, after some con-
dittons had been complied with. Mr.
Hawks also admitted that he, W. B..
Evans, and three ranch companies had
become indebted to the bank in sums
agsregating over $4,000. MIR. Hawks
said that he did not believe the Grand
View Ranch company to BE- perfectly
solvent. but did not think it would fail.
Speaking of the condition of the
Seven Corners bank when he ceased ito.
be cashier in July, 1873, be said he did
not expect it to suspend. 2
He had no interest in the Grand View
Ranch company at the time it first
came into the possession of the bank as
security for leans made to Douglass H.
Tandy. The checks in favor of the
Grand View Ranch company of recent
by Mr.. Marshall or Mr.. Evans, and the
money was used to carry On the ranch
for the bank. +
The counsel on both sides made an
extensive examination into the accounts
of the bank designated as ovefdraftS.
Attic conclusion of the questioning
by the attorneys Judge Kerr said thatif
no objection was made, he would like TO
ask MIR. Hawks question. There being
no objection, the court asked: "ASSunl-
ing tho facts to be as ysu have; stated
relative to the Grand View Ranch cOIn-
pany May 4, 1898, upon what theory did
you change The accounts from over
drafts TO loans and discoants?'
Mr.. Hawks-It was never considered
as an Oyerdraft. The property was held
by Gov. Marshall as trustee for the
bank.
The counsel then engaged in one of
their many discussions as to the defni-
ton of the term '.'Oyerdraft."
w. d. Evans was called as q witness
for this defense. He testified TO having
been with the bank as cashier from the
time Gf its organization until June or
July, 1892, with the exception of few
months i'll 1890, when he was in Europe.
He was assistant cashier for the year
that Mr.. Hawkes. acted as cashier. He
opened the books Of the bank. and they
had been kept on about the same system
during the history of the bank.
He was questioned as to the daily bal
ance sheets and books of the bank, aud
then asked to define what is an over
draft. This question brought out an
objection. as usual, by the county attor-
ney. and All argument followed. Judge
Kerr sustained the objection to the
question, and at this point an adjourn
| ment was had until this morning, when
the examination of Mr.. Evans will be
resumed.
The. Celehrafad lsiyro,,utI,s, d 4 n