The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-05-09
MOVING ON FASTER NOW
The Prosecution in the Hanks Case
VIII Probably Be through
To- day.
Cashiers OF the Suspended Mer-
chants Bank on the Wit
ness stand.
One OF Them HAD $4,000 when lie
Arrived aud Was Let in on Ia
With tho Mine.

d
United States court Yesterday morning OF
the trial OF VIII Hanks Under the cues
lions put by Attorney Carter. for the de-
ieuss. IL was developed through the witness
that Hanks was absent from Great Falli
from Dee ~. ls92. 10 Feb. l. 1888. Cashier
Wit had charge Of the affairs OF the bank
during that time aal ordered thi, ty-tv'
checks Of W n. Burgess a Co. paid wher
8 resented. Hanks Was also absent In tbs
east T ON about MAY !. 1888 20 some tm'
in June. on business connected with tho
school bonds o. Great Falls. Du ing shat
shat time checks Of burgess a Co. wef'
paid rs before These checks we're paid 81
the instance OF Hanks. On redirect exami
nation witness said she reason he did not
tell the grand jury Of Hanks request TO d.
stToy the daily halauos book was becsus,
I be was not asked about It when before that
body. lie further said Hanks knew OF the
condition OF bis Burns sonal account
at the bank. and authorized him TO draw
checks on IL. Witness said that on June 8
1881 the county treasurer Of Cascade drew
a check on the bank for So, go. A. the
time the county had a del osit OF $780, 552
The city treasurer drew check on the
bank on June PC for S2l 9la
George A Wells. who was cashier for a
year after the organ'z ltion OF the bank,
was called 10 testify Ia regard 20 the dis
count committee. and as 90 whether or not
theV were consulted about the loans TO
Hanks and the ms with which he was
connected. lie said the committee had
never been called upon 20 pass on the
Z Il -. a h..
$500 certfcn'- ~ stock OF she Cascade
bank. owned D.. Hanks and placed in the
Merchants as tecuuty for loans. Col. san
ders made a vigorous hght against any tes-
timonv as TO that The court decided 20
allow the testimony, and a recess was taken
for dinner. When court reeonvened Mr.
Wells testified that she value OF the stock
was 5000 or $1,000. Witness hsd sab
soribed for l25 sha es of the Merchants
bank stock, and paid for ~. lie borrowed
$1,000 or $1,000 from the Merchants bank
OF Helena 10 pay on the stock. and paid the
money back a few weeks later.
L. ". knight. formerly cashier OF the
First National Bank OF Helena. testified
70 Hanks bringing the Cascade bank stock
10 the frat National and borrowing 5000
on IL. Hanks also gave a note for s.. 600
Tor this loan, on which $1,000 was paid At
one tins aud about $3.50 az Other times
Z he money was paid Hanks by draft on
New York. The testimony OF MIR. knight
was only gotten in after a strong Irotsst
from the defense. Col. Botkin argued that
enn ely too much latitude was being al
lowed in reGerd 90 Hanks transactions.
The stock transaction involved = widely
different charge than that 20 which the in
dictment called on Hanks TO respond.
Judge Know es held thst IL WIS competent
10 show other evidences Of fraud In connec-
Il 81 al. l..
tion Of this kind, in order to prove in.
teut. IL made no difference also
Whethe. the transaction related TO money
or other property. Ia this case 10 was mi
application and not embezzlement which
WIS charged. Ia a case of embezzlemsDt
timony OF this nature would not be per-
r tilted. The rule Ia regard 10 excluding
testimony OF other offsnses held good in
other criminal prosecutions, even where 10
was case Of horse stealing. The only OBJ
lection he knew 20 the rule was that OF
prosecutions by anti-hOrse stealing Rssooia-
tiona. But this WAS a case Of mlsApplica-
tion OF funds, aud testimony Of other
Transactions would be allowed 20 go before
the Jury 70 6 rove Sue intent. The defense
took an exception.
G. ID. Wilt. who bee, me cashier Of the
bank Ia September, 1891, was the next viii
ness. IL came from Chicago to take the no
s.tion. lie testified that while bu. CESS & Co.
10 paT some Of their checks because their
account WAS overdrawn and the bank was
getting hard up for money. Hanks Tered
Tim 20 paw tho checks saying u was all
right. Lere was 20 Bounty for the in
cebtedness Of Hanks d Fullerton or Bur
cess 81 Co. Witness did not remember
hearing the matter Of Hanks Ovosdfnfts.
OF those Of his firms. discussed at anv OF
the d. eetors' meetings On June o. 1893
a check OF G. + MCClelland for 8 OOO was
not paid, there being Only 5000 OF 5000
ia the bank al tbs time. Regarding tue
CaGcade bank stock matter witness knew
nothing. Rscently, in a conversation With
Hanks, witness had said he didn't tell the
grand ia anything about ttatt ausaction
because he didn't know about 70 whom asked
then. Il know yuu didn't, said Hanks
"Mhy didn't you tell them 10 20 TO hell -
Witness did not state why be didnt In
tha absence OF Hauks witness, aoco ding
to o der. paid Butgea5 checks whsa lr,-
seuted
on oross-s1aminstion the cashier sail ne
bought $1,000 of tie stock OF the bank
after ecumlng connected with -. He had
3ltUlO os $1,000 on deposit IN the bank at
ON tiue. M.tLe8H WIS asked atolt . con-
vfrsatton between himself and Hanks aud
W. II. geese. IN which the latter detail ed
what be tlougtt about the mine. Dir. CIR
ter "a the urfeHse erLeoled 90 prove that
witness became aftn IN the mining
transaction. Wis taol told how Hanks
bod o. q lin ho witness. WIS I'm on a. "
He Was % Luvu % our-fourth interest
Tier was no paper - that eject. Ito only
lad Their wOrI for 40. Witness then
ldcut % q o uumLoe % chscks sig1ed by
himssf with tle name OF Burgess g. Co.
ur1sr ord-s from Hanks. They we're 10
pay freight ON ore The witness was asked
when De FIRST hegga 90 suspect lhat the &C
count o. Burgess g. Go. was not
good. He said be began 20 suspect that
not only this tut othe were overdTaWn.
hr. Ga ter then asked bin OF the
condition 70 tho bank nt the time he took
Charge. This was objected 20 on tue ground
that DO Was nos roteT crosa-eIamInation,
aud the court sustsiuei tbs objection.
Other quest Ous as 20 conversations with
hnnks ID egar1 90 negotiations Tor raising
money. ana OH or matters not touched on
la tto direct eramluutlon we're ruled out on
zee same grounds. ihs defense thought
they could furnish authorities 20 sustain
thelr position on this line Of cross-eEatni-
nation md Judge Knowles said he would
give them timo aud adjourned cOuft tll
tLIs morning.
Assistant Prosecuting Attorney Lsslis
cxpect- 10 finish the testimony for the gov
eminent this afternoon.
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