The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-11-14

NepDl, ana h2Q peen since It's vi SAiA1-
cation in 1886.
Alma Hague was the cashier up to
February 10 or u. 1884, and he had
charge of the general business of the
bank. Witness identified a book mark
ed general balance book No. /, and
testified that it was the general bal
ance book from February. 1893, to Feb
ruary. 1894. Mr.. Hague made some of
the entries in the book, and clerk
made some Entry 1916 Ingram, B.,
under the dead of Or" was shown
to witness, and he said he could not
say positively whose writing it was.
The writing "Wednesday, January the
Sd. 1894" was in Mr.. Hague's hand
writing Mr.. Hague went to the legis-
lature on the 4th of January. 1894 Wit
ness asked a clerk to notify Mr.. Hague
TO come TO Nephi some time after, and
he came down; witness saw him at the
bank Witness asked him what was
the matter; he thought there was
something wrong. Mr.. Hague replied,
-'Wen there is something wrong, but
nothing very serious; | am TO blame
for it" He then handed some notes to
witness which he said were Irregular.
Witness asked defendant If any one
else was connected with the matter,
and he said no" But very little was
time; he and Mr. Hague had not con-
versed very much about it. Witness
identified a list of notes as the list
banded to him by Mr.. Hague and tes-
titled that il was in his handwriting.
Eight notes were shown him, and he
said he believed the notes were the
ones handed him by Mr.. Hague al the
time: the body of each of those notes
was in Mr.. Hague's handwriting.
objection was made numerous
questions asked witness as to what he
had testified to in the grand jury room;
objection oVerruled. and some of his
testimony was read to him, some of
which he failed to remember He did
not remember having testified before
the grand jury that Mr.. Hague had
said that the notes were fictitious"
He though the defendant said the notes
were irregular. Mr.. Whitmore was
here allowed TO testify, over the OBJ
lection of the defendants counsel. that
he was defendants brother-in-law. In
January. 1894. no one except witness.
Mr.. Hague and Chas. L. Hyde had
charge of the books of the bank. Wit
ness had not made the entry referred
10 in the Indictment under date of
January 5, 1894.
District Attorney Judd asked that
the jury be kept together at the ex-
penSe of the government, but Judge
Merritt thought he could trust the jury
to separate. and they were permitted
SO to do. This morning Mr.. Whitmore
was further examined.
He was asked by Judge Marshall:
WAS there, in 1894, in Nephi, a firm
doing business under the name Of In
gram Brothers? '
This question was objected to by the
defense on the ground that there was
nothing in the indictment to indicate
that Ingram B." meant Ingram Bros.
Objection oVerruled and exception ia
ken.
He answered that there was: the
names of the partners were Albert,
John and Hyrum. The entr" Ingram
b., DR., note 1916, 1913" under date of
January 3, 1894. would indicate that a
note of the amount of S575 had been
discounted. A credit slip of the same
date was shown him, which he said
would show that 1913 had been paid to
Ingram Bros. for their note, which had
been discounted. The bunch of notes
Mr.. Hague had handed to witness in
January, 1894, when he was asked to
explain the condition of the bank, were
handed to witness, and he testified that
the notes and debit slips indicated that
those notes had been discounted. The
notes in question are eight in number.
amounting to SS,043. At that time Mr..
Hague had said that the shortage in
the bank was about $4,000.
Mr.. WhitmOre was asked on cross
examination where those notes had been
since the time he had first taken them
before the grand jury, and he replied
that Judge Judd had had them.
Mr.. Brown-Have you asked him for
them?
Mr.. Whitmore-Yes.
Mr.. I3rown-Did he refuse to let you
have them?
Mr.. Whitmore--Yes.
Mr.. Brown-What reason did he give
for not letting you have them?
This question was objected to and
Mt Brown argued that the defense
had right TO show that they had not
had an opportunity to examine the
books and records Of the bank. These
notes were very necessary for the de-
tense to examine and they wanted to
show that they did not have the OPP
portunity. Yesterday. when the appli-
cation for a continuance was made,
Judge Judd had said that he had not
been in possession of any of the rec
ords of the bank, and now the defense
proposed TO show that he had these
notes in his possession and refused TO
let any one examine them. These notes
were in a very bad condition, and had
been roughly handled. The prosecution
tried to show that they were forged
OGleS, anu IL lnlS WIS - lDc ueltIlSe
had a right to show mat others be-
side Mr.. Hague had an opportunity to
alter and change the notes.
Judge Judd considered the argument
an imputation by innuendo that he had
forged the notes, and arose from his
seat to object. lMr. Brown continued
in the same strain ami Judge Judd
walked to where Mr.. Brown was stand
ing and shook his finger in Mr..
Browns face, saying: Mr. Brown,
you have no right to stand here ard
argue that committed forgery, and
l will not allow it,
Mr. Brown (vehemently)-I have just
as good a right to charge you With
forging these notes as you have to
charge Mr.. Hague with it.
Judge Merritt raped for order and
told the gentlemen to sit down. They
continued In their threatening atti-
tude and belligerent talk, and Judge
Merritt called for the marshal to take
charge of the attorneys. He started
towards them and Judge Judd went
TO his seat Mr.. Brown continuing his
argument in support Of the question.
Judge Judd got up and walked excit-
eddy around in the opposite end of the
room, saying, soto voice, l shall
knock somebody down before this thing
is through"
Judge Merritt obtained the attention
of the principals in the casus belH and
impressed very forcibly upon them
that If they did not conduct themselves
with becoming decorum he would fine
and imprison them.
Judge Judd apologized; he had ar ID
ao,Jrr l,r4 a u