The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1897-10-28

and that We would have 10 make 1t up and ha
We would have 10 borrow # and make II up.
went ou and spoke to Nf winEste Howel
hrst said II wss 1900. hut the next mon lug h'
tod me II vas in the neighborhood Of 1900.
what did you say2 sold You had no rigb
% use that money aud shouldn't have done It. p
or words to that effect
What did he say7 lie said I, was used in the
business and he thought II could be paid back.
Did you mako any efFor, to borrow this mon.
ey7 did. I went to Mr.. wlngate and George
FIaVel and the banks.
lie told you then II wa alout 300 dld he?
Yesnr
Sow, was that the first time sou knew any
thing about It? Yes cir. Except the Case
mone,.
Sow did you Afterwards discover that Il was
more than the tsOOJ' Yes sr. But did no,
discover Il until yOu came In the store when
We tried to borrow the money here and old Of
succeed. HOW'LL went TO Porl.nd. Ibelieve
Mf. wngais wen, with him. He did not get
the money there and ncIt morning when he
came tack tried 10 get It in another way He
thought he could &c, Mrs BadoIlet to advance
5000 aud taae the store aud sail We would
have m re than enough 10 pay the county up
and can have tie proI eriy that is over
We'll, wha, did you do Mrs Badonet changed
her nifd and did not take the ,,ore, but The
borrowed $3.50 on lot. On some security she
gaVo 10 him to put up, 70, 1900 from Mrs.
Morrison and supposed this left balance Of
about 5000 shortage.
When did you discover that II was claimed
10 be more9 In the first part OF July, when
you came into the store and spoke to me
about IL. came In the store, Howell called
me in the oaioe and you came - right amer
me
Now, Mr. Ward, they have introduced
mortgage here, which you signed, and which
states that money had been used for the firm
OF Howell q Ward in their business. Ex-
plain why did you subscribe TO any state
ment OF that kind-that the money had been
paid into the firm OF Howell& Ward.
Mr. Allen--I object on the ground that the
mortgage speaks for itself.
When / found out that Howell had used
the money. wished to secure the bondsmen
Why did you subscribe to this statement
On Howelrs acknowledgements and your 90
ing around to the banks and getting their
statements.
Did you have any knowledge OF Its being
used In the store, further than that Howell
toll you. did not. l took his statement
then as all right, but do not now believe 1t
was used In the store.
What did you do in the store generally?
What was your place? was clerk, selling
goods in the store. That was all. That is. 1t
was my principal business
Where were you brought up. in your boy
hood, Ben: on a farm.
Living ON farm here in Clatsops Yes.
After you LEFT the farm what business did
you go intoe was in the express or livery
business somewhere about two years and
sold out and was selling and buying real es-
tate for about eight months or a year. and
then went in with MIR. Howell.
Mr., welch testified this morning that you
acknowledged in my oihce that day that this
money was used in the firm business. DO
you remember hearing that statement
remember hearing him make that state
ment
DO you remember anything about that?
About how the money was used. Well,
don't remember, exactly. l remember Mr..
Howell said it was u ed in the store and l
said guess it must be If he says so, or words
To that effect.
You did not mean to state as to your cwn
knowledge
Mr., Allen-I think the jury is the best
judge as to that
The CoIrt--rhe objection is overrued.
Now, think there are some checks here.
do not know how many, on the bank A
small proportion of them are drawn by you.
don't remember what proportion of the
whole, but there appear to be checks here
drawn by you on the bank, as county treas
urer, at different times For what purpose!
For the paying of warrants and school or.
d,rs and the county appropriations As a
rule Howell drew them. Mr.. Howell drew
them when he was in the store. Drew them
as rule.
Mr.. Fulton-That is all. l think, at the
present, your honor. II nave overlooked
anything, will recall the witness.
Mr.. Ward was subjected to long and
pressing cross-examination by Mr.. Cleeton,
without developing any new facts or ma
terially impairiug the force of the statements
made by him in the direct examination.