St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-06-15
HAWKS SIDE IS BEGUN.
JUDGE HERR EXPRESSES DOUBT. BUT
0KERRWES NOTION
TO INSTRUCT JURY TO AcaUIT.

TO INSTRUCT JURY TO ACQUIT.
Judge Flandrau Opens the De.
Tense To the Jury-small Tilt
Between the Attorneys-sev-
"a eral Witnesses. Including the
Defendant. Testify Method
OF Observation-Disclosures.
The trial of Z. A. Hawks. cashier of
the defunct Seven Corners bank, on an
indictment alleging the making of a
false report to the public examiner, was
Resumed in Judge .Kerr's court yester-
day. At the opening of court in the
morning Judge Flandrau, counsel for
the defense, addressed the court upon a
motion to instruct the jury to return a
verdict for the defendant, claiming that
the evidence for the state did not show
that there was any intent or design to
deceive. The claim was made that
criminal intent shonld be proven by the
prosecution as alleged in the indict-
ment, Attention was called to the fact
that an overdraft may be treated as a
loan or a discount on the books of the
bank. Judge Flandrau argued that it
had no been shown that che Oyerdrafts
were not evidenced by notes. and that
there was no evidence t. the effect that
oans and discounts were not correctly
stated in the record of depositors of
May 4. 1899. The matter was argued at
length by the county attorney and coun-
sci for the defense.
The court made a number of sugges-
lions, and stated that he had some doubt
as whether the state had shown that
the overdrafts were not reduced to
loans and discounts. He was of opinion
that %Oyerdrafts were not generally con-
sldered to be desirable assets. The
motion of Judge Flandrau was over
ruled, and the defendant instructed to
proceed with his case. and the mot ION
would be further considered as the case
proceeded.
Judge Flandrau then opened the case
OH behalf of the defense to the jury,
He stated that while the affairs of the
bank were not clear to the minds of
others, yet to the bookkeeper they were
as plain as a Flagstaff. Judge Flandrau
confessed that he had not tried a GRIM
inal case for the past thirty years. but
when he found that an effort was on
foot to make the young man Hawks a
''scapegoat" for the wrongs of others,
he was glad to step into the breach and
glad to be present because he had a firm
belief in the innocence of Mr.. Hawks.
The financial condition of the country
at the time of the Seven Corners bank
failure was alluded to. and the state
ment made that the National German
American bank made a failure many
times greater than the vest-pocket affair
of the Seven Corners bank.
Mr.. Butler Interrupted Judge Elan
drau to make an objection to arguing
about s~capegoats or other bank failures.
which, he claimed. were not matters of
defense. Judge Flandrau replied: 81
only want to Illustrate"
MI. Butler retorted: "We want you
TO practice law the same as we young
men have to do"
Judge Fiandrau smiled pleasantly and
proceeded with his opening, and to the
discussion of the affairs of the bank and
its conduct by Mr.. Hawks. which was
similar to that in vogue prior to his be-
coming cashier. In conclusion. Judge
F1andrau said the defense expected to
show that the business and bookkeeping
of the bank were properly conducted.
When that shall be shown the jury will
be expected to acQuit Mr.. Hawks, and
in addition thereto to pass a resolution
recommending the young man as the
best banker in the state.
Oscar Lovegren, al assistant public
examiner. was called as the first witness
for the defense. He testified as TO the
general practice in examining banks
and the fact that he went to the Seven
a the examination by counting the
cash Oh hand before the opening of the
bank that morning. Mr.. Kenyon was
with him that day. The two first days
in May Of that year were also passed by
the witness i'll examining the affairs of
the bank.
NJ. ID. Kenyon was called as a witness,
and testified that as public examiner he
participated in the examination of the
bank. He identified the report made
by him and his assistants, as well as let
tiers from Mr. Hawks bearing on bank
affairs. He also testified to having sent
word to ex-Gov. Marshall, who was a di-
rector of the bank, that he had some
criticisms to offer as to the condition of
its affairs. He held a conversation with
Gov. Marshall. in which he expressed
apprehension as TO the condition of the
bank. Mr.. Kenyon was crossexamined
as to the statement by him of the bank,
the report made by Mr.. Hawks and the
letters from Mr.. Hawks, ana they were
admitted in evidence on motion of tho
county attorney. Upon redirect exam
ination Mr.. Kenyon stated that his opin-
ion as to the condition of the bank was
based upon the examination made by
himself and his assistant, and not upon
the report made by Mr.. Hawks.
Ex-Goy. William L. Marshall was
called as a witness for the defense. He
has been a resident of the state forty
four years; was a director in the bank.
He had a conversation with Mr.. Ken
yon relative to the affairs of the bank.
Kenyon. This report was shown to MIR.
Hawks by the witness. Mr.. Hawks
prepared an explana tory letter. which
Gov. Marshall took to Mr.. Kenyon.
This letter was read to the juryby MIR.
Nelson, which explained the method of
bookkeeping and the affairs. of the
bank.
G. A. Hawks, the defendant, was
called to the stand as a witness in his
own behalf. He was cashier of the
Seven Corners bank from July. 1892. TO
July, 1888. He succeeded w. Il. Evans,
who had been cashier from the organi-
cation of the bank up to that time. The
witness had been assistant cashier prior
to July. 1892. He was not cashier when
the bank suspended in August. 1898.
His report to the public examiner was
sent by mail on May %.
He sent a letter to the public examin-
er by messenger about the same time.
A long argument ensued upon the adj
instability of this letter, and Judge
Kerr sustained the objection to its intro
daction. but stated that the defense
might renew the offer this morning in
case a proper foundation should be laid