St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-01-10
DEFENDANTS ATTORNEYS
Contesting Every Inch Of
Ground. Evidently Pre-
pairing for Appeal
IN CASE OF CONVICTION.
County Attorney Butler
Opens and Several Wit
nesseS Examined.

The Hawks embezzlement case
Judge Kelly's court. the counsel for de-
Tense raising objection TO almost every
important question asked by Prosecuting
Attorney Butler. evidently for the pur
pose of laying the foundation for an APP
peal to the supreme court in case Of
Hawks conviction.
When the case was called in the
morning, County Attorney Butler made
his opening statement. He said that
Hawks was Indicted for grand larceny
in the second degree; that the Offense
was committed in June, 1898, while the
defendant was acting as cashier u the
Nickel Saving s bank, of this citv; that
the bank was organized in $780, and
continued in business until 1898, when
it suspended. Hawks had general su>
Derintendence over the Seven Corners
bank, which occupied the same offices.
Mr.. Butler then went Oh to give the
details of the offense, saying that
Michael Fuerst, driver for the Twin
City Packing company, who is the pros
ecuting witness against Hawks, was
customer of the Nickel Savings bank,
aud made deposit of $l27 therein on
the day named. He had previously
made deposits to the amount of 1925 in
the bank, and when he handed the S127
to Hawks the latter entered it properly
in his pass book, and made the extern
sion in the next column 1852. Hawks
made deposit slip and placed it on the
spindle for Miss Shepard, the book
keeper.
Later on Fuerst drew out S100, and
shortly after this the bank failed. Then
1t was discovered that there was dis
crepancy Of 500 between Fuerst's pass
book and the books of the bank, the lat
ter showing deposit Of only S27 on the
day Oh which the 1927 entry was made
in the pass book. Fucrst met Hawks in
barber shop and asked him if the fig
ures In the pass book were not correct,
and whether he did not deposit the S127
shown therein. Hawks replied that 4he
did, and when told that the banks
books did not show it said that there
must be some mistake on the part of the
bookkeeper and said that he would see
to it. ~
The claim of the state, Mr.. Butler
said, was that Hawks had appropriated
the 800 to his own use, and it was the
property of the Nickel Savings bank.
Il. NJ. Kenyon. the state bank exam
liner, was the first witness. He identi-
fed the articles Of incorporation of the
bank, and they were offered i'll evil
dence. Objection was raised by Attor>
ney Nelson for the defense that the ar
ticles were incomplete, and. on being
examined by the attorneys and the
Judge, 1t was found that some of the in
c0rporators had not affixed their street
aud number, as required by law under
the banking acts. The certificate Of au-
thorlzation was also offered, and object
ed to on the ground that the officials
Did Not Have Authority
to issue certificate in view of the de-
feet in the articles Of incorporation.
Mr.. Butler then attempted to estab-
lish the fact Of the existence OF the
bank by pursuing another line OF i'll
quiry, but counsel for defense objected
ON the ground that 1t must be shown
that the bank had g legal existence.
Mir. Butler contended that it made no
difference as to whether the bank had
legal existence or not.
Judge Kelly seemed to be in doubt,
and adjourned court until afternoon.
When the hearing was resumed at
the afternoon session he overraed the
objection of the attorneys for the de-
tense.
1t is clear, however, that this is the
Inc on which the case will be fought ii
an appeal be taken to the supreme
court.
The examination of Mr.. Kenyon was
then continued, the reports of the bank
officials to him being offered in evil
dence, and testimony given as to the
character Of Its business.
j. Swenson. deputy state au ditor,
testified as to the bonds given by the
seven trustees of the bank, including
Hawks, ana the bonds were offered in
evidence.
Mr.. Fuerst, the prosecuting witness,
was next called, and proved very
strong witness. His testimony was
substantially the same as the opening
statement of the prosecuting attorney,
and rigid cross-eXamination failed to
rattle" him. He went into the details
of how he came to get the Sl27, saving
that he borrowed SIS from one neighbor
and $25 from another in anticipation OF
payment lie expected to have TO make
on debt. The other $27 he had saved
from his earnings. 1t afterwards
turned out that he did not have to make
the payment. and, having borrowed the
money for three months, he concluded
to place it in bank, and made the de-
post accordingly. He Identified the
pass book, and testified that Hawks
made the entry of $127 therein, extend
ing the entry to the total column in
which the entry 1852 appears. 1s.i-
Miss Betsy Shepard Identified the
figures as having been made by Hawks.
She knew his handwriting. Court then
adjourned until this morning. sf-45+
1t is apparent that the line Of. Gle.
Tense in the district court will be that
the entry made by Hawks was only. S27,
and that the figure "r' in front OF the
.'2'' is a forgery. The fact that" the
fgure 81" has all ink blot running
down from it strengthens this theory.
But the stcker is the 1852. admittedly
entered by Hawks in the total column.
1t will probably be commended that this
entry was an error, and should be 1882.
Then there is the corroberative testl-
mouv of Fuersts wife and neighbOrS
regarding his having the 1927 III bis
possession at the time the deposit is
alleged to have been made.
Where Did He Get 1t?