The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-11
LAWYERS FALL OUT
EXCITING CLASH IN THE HASKELL
CRIMINAL LIBEL
SUIT.
ALMOST CAME TO BLOWS.
An HOUR OF VALUABLE TINE
WASTED IN A QUARREL OVER
PASSWORDS.
HAMBLIN AGAIN ON THE STAND.
Regarding the
Funds Held by the Trust
Company.

There was a clash between Attorneys
Jackson and Flannery yesterday morn
ing which nearly resulted in blows, in
the case of the state against w. E
Haskell manager of the Times, charg-
ed with libel. Mr.. jackson was IN
usually rasping, and Mr. Flannery be-
came filled with the idea that the good
faith of the trust company was ques-
toned. He therefore called Mr.. Jack
son to account, and Mr.. Jackson re-
torted until the court was obliged to
caution the attorneys to the effect that
another word would result in trouble
Mr.. jackson had asked for books
showing the amount Of money in bank
to the credit of the trust, and Mr.
Flannery had brought in the bank
books showing the deposits, but Mr.
Jackson didn't want that kind of proof
yet he couldn't specify what looks he
wanted. Charles n. Hamblin was plac-
ed on the stand with the books brought
in, and asserted that the pass books
showed the amount Of money in bank
and it exceeded $4,000. The witness in
formed the attorney that the ledger ac-
count of the Northwestern Guaranty
Loan company account would probably
show. The company had so many &C
counts with SO many different banks
that it would be a hard matter to ar
rive at. The books were sent for, how
ever. An hour had been wasted in the
quarrel.
The witness finally took the stand
with the books asked for The pass
book with the Nicollet National bank
was placed in evidence, beginning Dec.
1, 1893. The account was opened in
June, with a deposit June 80, S56. 600
The attorney and witness went over
the ledger account and the bank book
to show how the Menage collateral
trust was kept in the books. A number
of pages in the ledger were made ex-
hiibts being different accounts, one of
them with the West Pullman collateral
The result Of the inquiry was that the
company had received up TO Jan. l.
1895, for the benefit of the Menage col
lateral trust, $39, 456.11 The debts for
expenses were $101.31, leaving a bal
ance to be on hand of $39, 354S0 This
should have been on hand Jan. l. 1895
The witness was then asked to ex-
plain what the Menage collaterals were,
and it developed that they were Sc
curities, pledged to secure loans on
notes made by Menage, and delivered
by him to the Northwestern Guaranty
Loan company, and by the company
sold to other parties, with the excep-
ton of a few which had not yet been
sold. These collateral notes could only
be used to pay notes and nothing else
The proceeds from these coIlaterals
could only be used to pay particular
notes. The witness explained, how
ever, that the general estate would be
obliged to make up any deficiency that
might occur after the collaterals were
sold. The general creditors, however
were interested in 100000 worth of
the collateral, which had never been
sold to other parties
Now how much of this amount on
the ledger was on hand in the Nicol-
let National bank at the same time?"
asked Mr.. Jackson
There was $15,957.16."
Was there any other, in any other
bank?"
Not that I know Of"
The noon recess was taken at this
point
In the afternoon, more books were
brought from the office of the trust
company, but Mr.. jackson, like Oliver
Twist, wanted more. What he wanted
was the check book for the year 1893
The ones brought did not go back far
enough.
We would like tc have the checks
themselves, if possible" said Mr. Jack
son, IF they have been preserved
The defense also requested the books
OF the company from which the reports
to the bank examiner were made Mr.
Flannery objected on the ground that
ha dafa H..
matter at hand. He did not see how
the manner in which the money was
kept cut any figure If the company
had that amount of money on hand
that was all that was necessary. Mr.
jackson argued at considerable length
UPON the line of evidence he had start
ed, insisting that it was proper. Judge
Belden replied that the only question
was as to whether or not it was the
duty of the trust company to use the
$4,000, and not where the $39 900 was
They were responsible for that amount
and the only question was as to wheth-
er they should use that amount for the
good of the beneficiaries. The defense
was wandering away from the issue
The point was, did the directors of the
trust company sell those bonds to their
agents, and, as thieves, divide up the
proceeds?
The court thought the defense should
show that the trust company had not
the money on hand, If it could. Judge
Belden reminded the court that even
if negligence could be shown. that
could be no defense to the present
charge. The argument grew heated
back and forth, when Capt Hart put
in remark, interrupting Judge Bel
den:
You will do better, Capt Hart"