The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-05-08
IRO lack OF INTEREST.
Each Day Furnishes Some Novelty
in the Trial Of Will
Hanks
Col Sanders and the Court Had
Another Exciting Dialogue
Yesterday.
noohkesper Harms Tells OF an Enort 60
Have one Of the Hank Records
Destroyed.

The proceedings in the United STATED
court during the trlal Of VIII Hanks. OF ,h'
Merchants National bank Of Great Falls
while not Of sensational character, are
mover dry or unintsrsstiug as long as Col
". \. sanders is one Of ths counsel for ths
defense. Col. Sanders does the obiectins
for the defense. I hoa II. CaTtsF does the
cross-examiniug, aud Col. A. G. Boikin
handles the authorities FOR his side. Jors
I b. Leslie is conducting tho case for the
prosecution. while his father. District A.
torney Leslie, follows the threat OF this
matter so as TO PRESENT the goyernmonr {.
side TO the jury when the summing ~
begins. when court convened yesterday
morning Bookkseuer Barns Was on the
stand. /, being his third day. The oontin-
uation OF bis diroc. examination disclosed
that when the bank closed its doors on July
a. 1898 Hanks was indebted TO the instiiu-
tion individually and as a member Of sew
eral firms. ana As en- lorssr something over
$4,000. Witness also told OF \ converse
ton bad with Hanks at tho bank. Hanks
wanted 80 get rii OF ths Grst daily balance
I book OF the bank. aud asked witness 70 de-
stroy H. When Bu ne refused. Hanks
/ waut,d him 20 taks ths book 10 his wit
ness') room. where no (IIanksl would call
for % and take 10 and burn IT,
On cross EXAMINATION by 81. Carter wit
ness conld not remember Hanks exact
Language on the occasion spoken OF. He
was certain OF tie purpoH Of tie converse
tion. however. HAnkl wanted witness to
destroy tao book. Witness said. For
Gods sake. DONE ask ms to do that" or
"Dous think OF doinz such a thing as
that" DO thought the latter. lie then
asked me to take the book 10 where lived.
and be would come there aad get it and
take 10 home and destroy o. burn 10. / "a
fused 20 have anything to do with it,"
Witness said the relations Of himself and
Hsnks we're friendly until after that trans
action. Burns WSs NOW asked BIZ Mr.. Carter
t. turn 10 bis own account on the
books OF the bank aud tell how he stood ~
the time the institution failed. AMI also At
the slime when no had conversation with
Examiner Barrett IA August when he told
Of tue efforts to destroy the daily bIlanoe
hook. The prosecution objected TO this.
Col Sanders argued shat u Was to show the
late est which the witness had IN becoming
80 industrious aud untring in assisting in
tbs PREPARATION OF the prosecution. The
Witness be said, might himself DO de-
faulter. Judge knowles began 60 pass on
she matter, when Co. Sanders started In TO
argue 10 again.
win Won les me rule on this" exclRim, ID
Judge Knowles. with some warmth.
III yOur honor will listen" said the
colonel, II will undertake 10 enlighten the
court as to this matter. We know your
holof would not DO our c lent an injustice.
IL you Will listen / am 40 coueeited that
think l can make the whole matter plain 10
she court"
col. sanders" returned she Judge. you
ars source Of considerable snno5anos 20
the oourt. You raise point and then
start to make an rsumsnt When / think
you are though With your argument, the
court begins 60 rule on the matter. Then
you get up aud interrupt the court before 1
lave finished a sentence"
Not before. your hoaor," Osms bsok
from the colonel. but 2 obably in the
midst OK one. In she highest courts in the
land alto neys arc allowed 10 argue obiec-
tlOas to testimony --"
Il believe that in the territorial and
state cOnrts you have introduced this prac-
tiee, fema ksd Judge Knowles. "It does
not prevail anywhere else" Laughter
Col. Sanders walked 90 the other END OF
the trial lAWye 5 table before re, living
"A know that 10 Is uuseomly," he said, 80
reply 10 any reflections made on me by the
cou.t. don't cars how many Jokes your
ADuof may etheA AT my expense or now
tles9 Jokes may tickle the rabble who cOma
here 10 look on. / nm here to represent
my client. II one OF "a coull be heard for
two or fve or sen minutes on an objection
and not made TO feel Ls though we wers
undsrlnRs OF tAat the court was out OF
patience, we would all get along better
regret very much that your honor fnds "A
"a cessary 10 recall ths affairs Of the courts
u tie territory. am willing 20 compare
nv treatment b. those courts with that of
my gentleman az the bar OF ths state.
Wherever 4 see an injustice or seeming
injustice being done / snail continue W
protest; my oath requires 10 Gnd my duty
calls for a."
"Au rignt. / shall sustain the objso
ton" remarked Judge Knowles. who a.
once dered a recess Of hVs minutes to
allow the atmosphe TO olsa'.
When the recess was over Assistant Pros
ecutor Leslie stated that he had no idea Of
hid NJ any want % integrity on the part Of
anylody But reflections had been cast on
She witness. To remove them as 10 this
witness he would withdraw the objection
and let him tell Of his Own standing on the
/ books % the bank.
The bookkeepsr thon examined his own
/ pc sonal account. I he dag the bank closed
has individual uccount showed balance Of
/ 1927 SO. The note register showed a note
/ for B. CSL50, which was still unpaid AZ
the time the bank closed there was no
s-curty Tor this note. lie subseQuently,
q tho request Of Receiver Phelps, put in
security "a the shape Of a paid up life
insU.aucs policy for $2OO0. Witness &C
couut % the bnnk was always overdrawn,
aud bis notes were pat Ia 10 cover over
dfafts. Most Of tbs checks drawn on the
bank were for payments on the life insu .
aucs policy. 10 always asked President
hanks o. Cashier WIlt about u hrst. AZ
/ % the int. est On his notes. It was always
paid either by check OF by adding 10 10 tue
f tcueWal note.
Witness vas lsked what particular reason
there might bs for destroying the daily
balance book vixen tho matter ia them
could be- found 10 other books. lie said
+ TINS book showed that tho capital stock OF
$4,000 vas paid az. and thai thers was .
wlols lot Of notes given for payment OF
same things might be found elsewhere, Dul
nos &c oyerurafts. witness told OF th,
! condition 90 the bank ~ TIE time TIE Ba
gess aocount closed. lhs total resOufcel
were then ,3lJ 1871 including dl2J U26 fra
name Eper so Jj3 second nsrs pal or
/ Onl S46sG ova4drufts. Tho liabilities IN
I cluded Sll..5JJ ind viduai de. osita, 4Zl.6N
time poslts. $1,000 iediscounts ami 80
600 bIlla payable. Exclusive Of She atocl
ard circu alton tho liabilities wee $l92
Csl Ihirty drys before that time the re
sources were $iO4 POI. For the four gre
osaing months thsY wsre between sj21,5
and t3G5.Ji0.
Tho bookkeeper vas allowed 20 stan
asl.o 90 accommodate two witnesses WI
wanted Co get away. Assessor 4. u
Elliott OF Cascade coantT. said HHns,
assessment IA l-3. va. fl2s35. AssIstsu
{ a Ha y. raHs