The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-09-19
HOT AFTER KIRBY.
Sensational Times in the Bank of
minneapolis Case.

Sensational Times in the Bank Of
Minneapolis Case.
The Bank of Minneapolis case came
up before Judge Russell yesterday, and
brought out some sensational diScloS-
ures. Mr. Nye, the receiver, opened the
case. Robert Christianson and Fl. D..
StCcker ST.. were the attorneys, and
they entered a very vigorous protest on
the ground that President Kirby had
not placed himself in position to per-
NIT the receiver to accept the propo-
stion of Mrs. Kirby to retain her col
lateral. Mr.. Stocl1er thought it a pc
culiar thing that in the suit which had
been commenced against the Stochhoid-
ers to establish liability, the name of
Mr.. Kirby had been omitted from the
list of defendants. He had transferred
some 2S4 shares of his stock about a
year ago to other parties, and his liabil-
ity on that stock would soon lapse I'M
less he should be brought in under the
laws of the state of Minnesota.
]. F. McGee who appeared for Mr.. Kirby,
said that the reason the latter had not been
included was because he lived outside of the
state, and Mr.. Stocker retaliated by stating
that parties living in California had been
made defendants.
Mr.. Stocker also stated that shortly before
the bank went into Insolvency Mr.. Kirby had
withdrawn from the bank the sum OF S2o 900
in cash and $4,000 $4,000 in securities,
and insisted that the securities which were a
part of the $40 600 held by Mrs. Kirby, should
be secured by the receiver in suit against
the president OF the bank. Mr.. Kirby, he
claimed, forced by the bank examiner
to give back the $4,000 in cash, and ought
to have given back the securities. Mr..
Christensen, who also appeared for the cred
itors, urged the same things that Mr.. Stocker
had.
j. F. MCGEE replied at some length and with
cnusual warmth He gave history of the
from bank
Mrs. Kirby, showing that she and Mr.. Kirby
had constantly been the friends of the bank,
stated that at the time of the failure of the
Irish American bank, the Bank of Mime
apolis opened on the morning of Jan. 16
with but $4,000 cash on hand to do business.
The officers tried to borrow from the differ
ent banks, but without success.
They went to the Security bank among
others and finally secured the loan of SIS, 00G
if Kirby would indorse a demand certificate
of deposit. This was done, and the bank
was tided over its trouble for that time.
Mr.. Kirby then went to Chicago, taking with
Bank after bank was visited without sue
cess, until finally the First National of Chi
cago agreed to loan Mrs. Kirby $4,000 on
her personal bonds. The offer was accepted
and the loan made.
Regarding the charge of the creditors that
the coIlaterals involved had never been oul
the acting cashier and the vice president OF
the bank. stated that they had always been
held in the banks vault, which was con-
troled and managed entirely by Mr.. Canady
a relative of the Kirbys Wien any of them
were to be paid. Mr.. Canady always went to
the box and got them personally.
Mr. Nye stated that the lease of the bank,
rooms did not expire for about a year and
there might be a liability on the stockhold-
ers In his judgment there might be some
lease and the attachment of the funds in the
Chicago bank cleared UP.
The real question at issue is whether the
Kirby or not and the court continued the
case till next Saturday, when he will hear
everything in the form of afidavits or testi-
mony in court. He will then file his de-
ciSion,