The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1895-02-14
IN THE TOLLS OF LAW
The Cases Against Banker EdmiStOn, Of
Walla Walla, Now Being Heard.
CLOUDSOF WITNESSES IN ATTENDANCE
A Trial That's Repiete with Inter
est aud That ~ iseing closely Cone
tested by some of the Best attor-
neys of the Stute.

I
Seattle, was called in the superior court,
! before Judge Graves, on Tuesday after.
noon. Attorneys X. H. Ormsbee and
Miles Poindexter. Of Walla Walla, ap.
peared for the prosecution and Attorneys
J. l.. Shsrpstein and Wellington CLARK,
OF Walla Walla, and ii. J. Sniyely, of
this city. for the defense. There are "a
witnesses present from Walla Walla and
n mum Der from Seattle. Much interest is
being taken in the case and every point
closely contested. The charge ID accept
ing money as president and manager OF
the Walla Walla Savings bank, With II
full knowledge of the insolvency OF that
institution. The jurors, as accepted, are
Robert Dunn, J. T. Foster, w. II. Steele,
Willis Smith. A. +. Switzer, John Null,
A. +. Cook, w. ID. Beck, ID. r. Fish,
Frank Sinclair, J. r. GLADDEN. and Dun.
can Scott.
After their impeachment the jurors, at the
quest Of the prosecution, were placed in
charge Of bailiff who was instructed To
keep them together and away from com
munication with the outer world.
After the jury had been sworn to try
the case, Attorney Ormsbee made the
which he said that the state would show
that the Walla Walla Savings bank had
been insolvent for some time prior to the
closing OF its doors and that J X. Eimis-
| ton knew this fact, and had resorted to
most extraordinary and even criminal
means to raise money for the purpose OF
bolsterlng up its fallen fortunes; that de-
positors had been unable to get their
| money on demand, and from the evidence
that would be presented the jury would
conclude that the failure OF the bank was
prearranged and planned by Edmiston.
The defense has as yet introduced no
testimony. When it does it will endeavor
to show the utter lack of knowledge on
the part OF Mr.. Edmiston that the bank
was insolyent or about to become so. His
attorneys maintain that he is to be made
a scapegoat by the prosecution; that he
was approached by certain of the bank
officials prior and Immediately after the
closing of the doors of that institution,
and asked to leave the county that he
was not party TO any of the fraudulent
transactions of the bank; and that he
paid $75, 900 of the Indebtedness OF the
said bank in the two short months he
served as president and manager. They
allege that, during the panic and hard
times of '93, the health OF Manager Slime
gave way, and that he threw off the whole
of his responsibility and left Walla WalIa !;
then Mr.. Fitzhugh took charge, serving
from July until October as manageable
also failing to meet the requirements of
the case. In October Mr. Edmiston was
called from Seattle; and he, knowing
nothing of the stability of the securities
OF the bank, and counting upon its OPP
parent resources to bring it ont all right
with proper management, was met with
a wheat crop failure which ruined values
and rendered the corporations collateral
valueless-and thrust upon him the APP
probrium and abuse OF connivance in de-
frauding the depositors of their money.
1t will, his attorneys contend, be shown
that it was absolutely impossible for Mr..
Edmiston to have gained any idea OF
mortgage-real or chattel--vaues, in the
50 days OF his residence in Walla Walla
prior to the banks closing; and the con-
tention will he made that an innocent
man is to be branded as dishonest and
untrustworthy, when in fact the guilty
are to be allowed to 90 unpunished.
Among the witnesses present are +
Kendall, Mr. and Mrs II Gregg, & C
Baldwin, w II Slime, VIM Slime, Thos S
Page, Ben Wolf, Z Thomas, II V Full
Ter, Dave Goldsten, A L King, r r Red
ford, John J Austin, G l. Whitney and
wife. Henry Tobin, II 7 Estes, ] l. Stub
blefeld, N S Gholson and Leon Phipps,
of Walla Walla; q NJ Thompson, f B
Black, Bowden, NJ NJ Carraher, Everett
Smith, Henry Carstens, q s Logan and
E B Wallace, of Seattle.
Judge Graves has ruled that the books
| of the bank can be received in evidence,
and as THE HERALD goes to press Re-
ceiver F. w. Paine, one OF the important
witnesses for the prosecution, is on the
| stand to give evidence as to the value of
the notes and other securities held by the
bank as collateral.
The first witness called was bookkeeper will
liam slime, whose evidence was objected to, it
being alleged that much of it was of matter
| with which he was not familiar, he not having
made certain entries introduced; and because,
| certain citations being made, books of a corpo-
ration cannot be introduced in evidence against
any officer of that corporation. The court sus
tanned the objection. Witness was then cross
examined, prosecution reserving the right to re-
| call him.
Attorney Poindexter charged that Attorney
sharpstein, for the defense, had advised Book
keeper Reeves not to respond 10 the subpoena
| issued. because it was for a former trial,
| Sharpstein denied this For this reason wit
ness was not present.
| The prosecution offered order from the walla
walla court appointing receiver for the bank,
| which was objected TO by the defense on the
| grounds that Edmiston was not party to the
| appointment, therefore the appointment could
have no bearing in the case. The objection was
| sustained.
Mrs C. L. Whitney, of wslls walla, was called
as the first witness. She had made deposit of
$40 at 1890 p. IN. on December o. and had never
received that money from the hank.
| Henry Tobin. who, after the banks failure.
had taken FIVE Intellectual shots at the defend
| ant, testified that he had $500 deposited In the
bank previous to December for which he had a
certificate of deposit. Did not have the certif-
cate now. The certificate was due December Z.
| Went to the bank with IL while EdmistOn and
Cashier Phipps were there. Witness gave latter
a check and said he wanted his money. Cash
Ter looked at it and then called Edmiston, who
| said 1t was nice day. Witness said he wanted
his money; that he was I'm debt and needed cash
to meet his claims. Edmiston told him the
bank was short and that ii would be an accom-
mediation to leave the money for a day or two
| that he expected funds from Seattle on Monday.
Witness left his certificate Of deposit and HIS
bank book with Edmston, and told him he
would call on Monday for his money. on Mon
day he was told the bank had lost all Its money
and could not pay claims On cross-examina-
ton the witness testified that he had tried ''very
hard' 10 kill Edmiston, having fred five shots
at him. He reiterated his statement that both
Phipps and Edmiston were in the bank when