Omaha daily bee., 1895-05-02
HEADED OFF wHEEDON.

In his cross-examinaton Mr.. Wheedon
tried to bring out the fact that the Capital
National bank had been made state de-
pository, but Judge Wakeley objected, and
the court sustained him. Judge Vakeley
said that they would cross that bridge when
they came to 1t. Mr. WheedOn switched for
while but finally drifed around to 1t
again, and the court sharply requested Mr..
Wheedon to keep himself within bounds and
not try to beat around the bush and slip in
improper cross-examination.
Judge Wakeley said the state was only
trying to show by Witness BARLEY just how
much he had realized on the certificate Of
deposit. and no more than that. The fact
that the bank had been made a depository
had, at the present, nothing to do with the
case
MIR. Wheedon drew from witness the fact
that the certificates Of deposit from the Cap
ital National bank had never been In his
custody since he had deposited them in the
bank and received a credit for the same.
General Gown said that he began to con-
slider this case in the light of a double-bar-
relied one, designed to catch defendants
going or coming. He claimed that the whole
question of deposits in other banks had been
gone into on the direct examination.
Mr.. Lambertson said he desired to explain
his position. AS he understood 1t, a sum
equallng 81 500 900 had been deposited in
banks Illegally. When the evidence had es-
tablished that fact, which 1t certainly was
doing, then the bondsmen became liable for
the whole amount. and for the deficit of the
Capital National bank The burden Of proof
did not rest upon the state to show how much
had been realized on these certificates.
Witness said he had first heard of the fail
ure of the bank on Sunday evening, in
Omaha. The banks doors had not opened
Monday morning. Witness was then excused.
ACTUAL CONDITION OF THE BANK.
Receiver A. X. Hayden OF the Capital Ma
4
1893 He was examined by Mr. Lambert son.
Had filled all positions In banks from mes
senger boy to cashier and was skilled ac-
countant. bank examiner had taken pos
session OF the bank January 22, 1898. Asked
to give statement of the condition of the
bank prior to failure, it was objected to by
General Gown and overrnled Witness an
swered that 1T was insolvent and defense
noted an exception.
you may state whether the bank was
solvent or insolvent on the 9th day of jan
uary, the day on which the certificates of
deposit were given Bartley."
ut was insolvent."
What amount Of money did the bank
have on hand on that day?"
ut had $24 ,256,25,"
"How much did the bank have on hand the
day 1t closed its doors?"
ut had s1l .117.57."
what were the liabilities Of the bank?"
"They were 81 ,256, 1851"
Nominal and real assets?"
Nominal assets. 81 900 000 real, $3.50, 600 -
All OF these questions were objected TO and
exceptions taken by the defense. The bills
receivable were figured al. S999,971, and the
cash was about $11 ,O00.
How much do you estimate the real es-
tate worth?' asked Mr., Wheedon on cross
examination.
About $50, ,000.'
There was due from other banks about
$1,000. Witness did not include the stock In
his estimate OF liabilities. One piece of real
estate had been sold for $4,000. Had fig
ured the value OF the real estate at what he
considered 1t worth. Witness did not agree
with Mr.. Wheedon that when n concern
failed It's assets shrank 40 and so per cent
But he thought they might be worth 40 pei
cent more II the concern could go on ant
close up its business in its own way. The
bank on the 9th OF January was doing bust
ness in the ordinary way and continued 10 dc
so up to the evening Of the 21st. Had col
lected S9S000 on the bills receivable Johr
ID. Mcfarland, one of the bondsmen of Hill
had been Hayden's predecessor as receiver.
STATE MONEY ON DEPOSIT.
Deputy State Treasurer Bartlett testified
from record of the monthly banlances al
the Capital National bank for two years, 1891
and 1899, as follows: