The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-20
GOT ALL He WANTED
JOHN NUSSER SIR. SAYS w. F. BICK-
Ell HAD AUTHORITY TO USE
NOTES
ENTRUSTED TO HIS HANDS.
HE HAD NEVER DEMANDED THEIR
RETURN FROM THE MINNESOTA
SAVINGS BANK.
THREE WITNESSES EXAMINED.
f. N. Dickson Testifes as to What
Bickel Said About the Papers
in Question.
ENTRUSTED TO HIS HANDS.
THREE WITNESSES El
EXAMINED.


county attorney examined three wit
nesses, John Nusser ST., the complain
ing witness; F. N Dickson, one of the
receivers of the Minnesota Savings
bank, and Ed HeinIein, the bookkeep-
er Of the bank.
John Nusser Sr. was the first witness
called after the county attorney had
briefly opened the states case yester-
day forenoon, Mr.. Anderson explained
to the jury that Mr.. Bickel was charg-
ed with the larceny from Nusser of
six promissory notes. The state al
leges that Mr.. Nusser entrusted these
mortgage notes which were payable to
himself and were signed by ST. Aubin
& Dion to Mr. Bickel for collection.
Mr.. Bickel was to foreclose the mort
gage If necessary. The prosecution
charges that Mr.. BickeI did not per-
form the trust imposed upon his as
agreed, but instead gave the notes to
the Minnesota Savings bank and re-
cefVed In return therefor certificates of
deposit which were made out to Mr.
Bickel, and afterwards credited to the
expense account, as that amount of
money advanced by Bickel to the bank.
Mr.. Nusser testified that in May, 1895,
Bickel and assigned the mortgage to
him, with instructions to collect the
notes-by foreclosure, if necessary. Mr..
Nusser further testified that Bickel
agreed to pay the taxes on the prop
erty and to advance some money to
NUsser. On June %, so Nusser testi-
fed Bickel gave time receipts for the
notes, on which he wrote the words
'All moneys advanced to be deducted"
Mr.. Nusser also testified that he new
er received any money from Bickel eX-
cCpt 500, for which he gave his per-
scnal note. Bickel paid 500 taxes on
the property covered by the mortgage.
But Mr.. Nusser admitted that he had
no complaint to make against Mr..
Bickel. On the contrary, he enter
tanned the kindest feelings towards
him. He had not expected the notes
returned without request for their
return, and he had never made such a
request, nor had he offered to pay Mr..
Pickel what was due for money ad
vanced to him. The substance of his
story was:
mortgage to Mr. Bickel to collect If he could
collect them, to foreclose the mortgage if he
thought proper, or to hold as collateral and
advance such sums as he was willing to ad
vance to him on the security. MIR. Bickel was
at liberty to dispose of the notes in any man
ner he saw fit for Nusser's benefit. Witness
had thought he should need some money to
assist his son in buying a farm.
To the court Mr.. Nusser said 81 did not
claim that there was-anything wrong, except
that he did not; pay. the taxes of 1893. l did
not want him indicted
On cross-eXamination Nusser testified: 1.-THE
notes were in the National German-Ameri-
can bank. They were given to Mr.. Bickel
to get money to pay taxes and other things.
1t was at first to get money for my son, but
afterwards did not want 1t. had 500 from
Bickel, and got all the money 1 ever asked
for. never offered to pay the money l had
obtained and l never asked him for the
notes. / said the same thing in the presence
of Mr. Lamprey, Mr. Pottgieser and Mr.. Nc
Donald-that did not want to prosecute Mr..
Bickel. He never refused to deliver the
notes He said that when I paid him what
was due he would deliver Them.
Fred N. Dickson one of the receivers of
the Minnesota Savings bank, testified that
after the bank had closed the receivers had
told Bickel that they thought they ought to
have possession of the notes. Bickel had
told them the notes and other notes had been
discounted in order to keep the bank run
ming. They called his attention to the fact
that the notes for 81 500 had been discounted
Jan. 1G, and that there had been no money
on deposit in the bank. The bank closed the
18th. They had asked him where the money
was He had then said that the bank owed
him for money which he had put in subject
to withdrawal on demand. After that he said
that he had used the money to take up the
certificates of deposit.
The certificates of deposit show that they
were stamped raid on the same day that they
were issued, Jan. 18th.
The amount of the notes mentioned in the
indictment is $1,000 but there are in evil
dence three notes, each for 81, $685. They bear
date Of 1887
Ed Heinlein was the next and last witness
called yesterday. Mr.. Heinlein testified that
on Nav q, 1885, Bickel turned the Nusser
notes into the Minnesota Savings bank and
received in return six time certificates of de-
| nosit made out to- himself These certificates
Mr.. Heinlein testified, were marked
paid, but he declared they were not
paid in cash. but were credited on the ex-
pense account as that amount of money ad
vanced bv Bickel to the bank
Court then adjourned until 10 a. M today