The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1896-11-19

and exceptions we're taken. Then Mr.
Philbrick said that the notes we're
made up from overdue notes; over
drafts of Mr.. Turrell and cash items
short. They we're given, according to
a statement made by Mr.. Turrell to
Mr.. Philbrick, to secure the bank for
a shortage.
The question as to the overdraft
arising in Mr.Philbrick's s testimony the
defense objected to the same because
no overdraft had been proved. The
objection was sustained. Mr.. Phil
brick could not recollect any of the
conversation regarding the same and
then Mr.. Clague called upon Mr..
Hewlett to assist in finding a certain
slip among two or three thousand on
a string. Mr.. Philbrick identified the
slip, which O. w. Mcmillan who was
just called, also identified and declar-
ed to be credit slip. Offered in evil
dence it was objected to. Mr.. Nc
MILAN explained the use or intent of
the slip, but stated that he did not re-
ceive it. He was handed the cash
book and on Dec. II, 1894, he recog-
nized entries in his hand writing.
He identified an entry from the slip
in question, and then the slip was
again offered as evidence, to which
objection was made but the objection
was over-ruled. The witness identi-
fed Deposit Ledger D and entries
made by him on page 587 of that
book, the same being a record of Mr..
Turrell's accounts. 1t was impossible
to get this record in as evidence, and
the witness was Temporarily excused,
giving away to R. P. Lewis of St. Paul,
one of the stockholders of the bank.
He was asked to state whether he
deposited any money in the Citizens
Bank on Dec. II, 1894, and what
amount. Senator Davis objected on
the grounds that it made no difference
whether Mr.. Lewis deposited any
money or not. The objection was
over-ruled and Mr.. Lewis stated that
he did not make any deposit. He
acknowledged having received money
on the surrender of the bank certifi-
Gates after May IL, 1894. After the
bank closed he gave his check to the
bank for certain sum, conditional
that it was not to be cashed until pro-
vided for, but he did not think he re-
ceived a certificate for the same.
Under cross-fre by Senator Davis
he said that he was the largest share
holder in the bank. Here a recess
was taken until Tuesday morning.
1t was $40 Tuesday morning, when
court was opened and o. w. Mcmillan
calld to the witness stand. He said
that the credit slip in favor of r. P.
Lewis was precisely the same as a de.
posit slip, giving him credit for the
amount on the slip. He then explain.
ed the custom of doing business in the
Citizens Bank. Mr.. Clague then at
tempted to get the ledger in evidence
but the defense ruled it out. Mr.. Nc
MILAN then stated that both he and r.
A. Turrell made small loans as we'll al
o. B. Turrell. Mr.. Mcmillan said thai
he received no instructions as to what
he was to do when he returned to work
for the bank and that nothing was sale
to him regarding what position he wa
to occupy. There was no cross-exami
nation and Mr.. Philbrick was called t.
the stand to testify as to when the fou
notes in question were delivered, which
was, he said, the next day after they
were drawn. Mn Philbrick said ther,
was an overdraft on the books agains
Mr.. Turrell, to which Mr.. Somervill'
objected, and the answer was stricke1
out. Then Mr.. Philbrick was asked t,
give the connection with Mr.. Turrel
regarding the overdraft. He could no
give it. The conversation was had il
the presence of all of the directors.
Mr.. Philbrick stated a $1,000 over
draft was made good by the giving O
Mr.. TurrelPs note, on suggestion of Mr.
Philbrick. A new note was afterward
given, but Mr.. Philbrick could not tel
what became of the old one, and hi
answers on that line were stricken out
Judge Baldwin took the witness OF
cross An examining an(
discounting committee were elected
from the inception of the bank. HI,
was a member of one of the committees
had access to all of the books, looked
over the notes, etc. He couldn't say
that he knew that Mr.. Turrell was Dor
rowing money all the time-he didn'
| see his notes.