The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1894-04-20
The Prosecution Closes Its
Evidence and Rests
the Case.
The Defense Will Now Endeavor to Ex
plain the Defendants Dealings
with the Bank.

W d. CdIIth bs tht pibsttutioh ne sDO"- /
ed that Naples a Stuart to whose credit |
money was deposited in lSs9, were con
tractors and builders Of the defendants
house. lie could E,tremember whether
the defendant made payments to the
Electric Light company in 1ssS. lie
said that when he bought ten shares OF
stock Of the defendar :. he gave his note
for l.OC0. which defendant discounted
at the bank. using the proceeds in the
bank funds himself; that on Dec. |. 1892.
he had by the defendants direction.
written letter aud sent back 10000
note to ". K. Stcbbins. which note was
on account Of stock purchases from
Stebbins. and that the moneys deposited
and sent To Stebbins on that day were
10 payment OF the amounts due from de
fendant TO Stebbins for the purchase Of
stock. and were sent and deposited by
defendants direction. The draft for
$3.50 sent to the Billings estate was
sent by defendant from the bank money
and he sent at the same time two notes
.or 5000 each. and also three certificates
OF stock Of fifty shares each, which he
understood were to be held by the Bill
ings estate and returned from time TO
time as the amount paid on the notes
justified, He said that he sent these
papers by express a, the direction OF
defendant, and that the drafts and notes
he. nf hs
stock. A letter signed by himself as
cashier was enclosed in the express
package, and no copy of that letter ap-
peared to have been made in the bank
letter copy book. As to the election ex-
pense items. the witness said that the
moneys were paid out. but not on ac.
count of any election expenses that they
were paid month by month as interest
on the county deposits; that wherever
the entries were in his own handwriting
witness had paid over the moneys. He
knew nothing Of the arrangements OF
this transaction except what defendant
had told him. and all the entries he
made and payments he made were at
the direction Of the defendant. lie also
said that the item of 81 900. entered as
paid Merrill on account OF back salary,
/ was also for, interest on account Of the
county funds.
| The cross-examination ELECTED the
amount of the county balances in the
bank at the end at the end Of each
month, and that il could not make any
! difference in the end to the bank wheth-
er this sum was charged to expense or
interest account. He showed in whose
handwriting each entry was in the book
on this subject, and said that his own
had been transferred and was in the
possession Of ii. F. Bachelor. though i,
did not show upon the books Of the
bank He also testified that it was
Bookkeeper Harmon's duty to copy the
letters. On redirect examination he
admitted that he wrote the letter to the
Billings estate. and that he himself sent
it in an express package. and that it wal
customary for him to put such letters al
he wished to have copies Of upon Har
mons desk.
County Recorder Swerdfger was re
called and produced certified copy o
a mortgage from Newman to the bank
given on the day that il closed and re
corded at 6 p. IN. OF that day.
Assessor Newman. recalled. testifiet
to the value OF the property included il
! the mortgage and the amount realizet
upon a sale of the property. He als'
identified some partnership articles be
tween himself and j. w. Bachelor, say
ing that the articles were executed b.
the defendant on behalf Of his fathe
: and that his father was not in the coun
try at the time.
: Capt. Harmon, director and vice
president Of the bank up to February
8 1893, was called. and testified that b
had talked with defendant about tn
! purchase Of the Klowrey and Billing
!. estate stock. saying that il was SUI
prise to him that defendant should hav
, done so as defendant had control of tn
8 bank. and asked why he did it, and ds
: fendant gave him no answer. He ais
= : testified as to the second talk had wit
defendant afterwards at the Hotel He
!. ena. in Helena, in which defendant sal
to him that he had never taken one do
lar Of the banks funds to buy stock i
the bank, and said that defendant ha