The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1897-10-27

conyeyance7 They executed to the bonds
mc1 u mortgage
Have you tbaa morignee with you?
have.
At that time. Mr, Fulton. did you hay,
any consultation with 1iowe,i & WARD
IN reference 20 county funds. In regard
10 your liabilities 80 bohlsmen and get
ting security7 Look az the signatures
attached 90 ihat Instrument: was that
signed In your presence? Yes. sir
was this drawn by your No It was
no, drawn by M. It was dictated by me.
We offer this paper In evidence
G. c. Fukou--i object, bocausg Il IL
Incompetent, Immateria, and not a vol
untary statement.
Tho Court suppose you may show it
was made under duress or under promise.
@, c. Ful,on-Ths burden think l.
on them % show that.
Tho Court do not think 50.
Mr.. Fuhon-Then We wish to save an
exception and Offer to show Il ourselves.
II the court will permit We vii proceed
The Court waa. to examine about
that
Mr Fg.son--we shall make no objection
as to which one shows a. II your honor
allows u to show it, Il is all me
ask
The Court will allow you to produce
tho testimony
Mr Fu,on-Cau Mr. G. wingn,e.
Do you remember the circumstances OF
the mortgage t-sing executed by 3. l..
ward and ". C. Howell. in my Office, on
tho So Of july last. for the purpose OF
seeurrs yourself and others ~ bonds
mem Yes l recollect the circumstance.
what II any statement was made by
either W. G. Howell or B. l.. ward and
wha: was said about Its being used
agalns, them?
Mr.. Alen--I object. Il Is nos she proper
way in which to show that q was taken
by durcss or promise. They must show.
II they show any thing. what influence
was brought to bear on them.
The Court-The objection Is well taken.
Mr. Fulton--I simply wish to show tina,
Mr.. Howell made this statement.
Mr. Allen--I object
Mr. Ful;on.-whcther or not that would
he used against them II they should sign
that and II so. what was promised?
Mr.. Allen.-I object
The mortgage was read over. Howell
had his wits about him and obietced to
some language used in the mortgage. All
Of the bondsmen assured them there was
no disposition on the par1 of any OF the
oondsmen to prosecute them and assured
them that it would not be used against
them. and on that account both of them
signed the mortgage. IT was stated by
Mr.. Fmron that this was to secure the
Donismen.
Mr.. Ahon-You are brother-in-law
# Ben Ward and one Of his bondsmen.
md were present a; tha; &me? Yes. sir.
Name those present at than time. Full
on and myself, welch, and Granville
Reed.
You say there was conversation in
which 1t was promised THAI this mort.
'age should not be used against him.
Did Ward take any part? l do not re.
member that he did.
Who made the promise? Fulton. and we
III consented to 1t.
Are YOU one OF the defendants in the
ase of sabin and schilHng VS.. Bowen
Ward, etc? guess l am.
Mr.. Alen--That Is ali.
Mr.. Fulton-Can Granville Reed.
You were one of the bondsmen Of b. |
,. Ward? Yes, sir.
You heard the testimony of Mr.. Win
ate? Yes, sir
Wero you present? l was.
DO you remember what If anything was /
aid at that time about using this mort
age against Mr., Howell or Mr.. Ward
nd II so what II was? Well, do not |
nov that l can repeat II. There was
omething said in regard to the matter.
What, If any promises were made? I |
NOV that we promised we would not
them, know h was assented
by all the bondsmen present
hat We as bondsmen would not pros
cute them.
Mr. Allen-You were not at that time
epresenting the state of Oregon as an
flclas.
he court-I think that Is not necessary.
Mr.. Allen-That Is all.
Mr.. Allen-If the court please, we will
all Mr.. WEIGH