The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-05-03
A. B. JONES SEARCHES THE BANK RECORDS.

cepted. so that the jury stands now as
follows: Oscar Groshell, S. c. Ewing,
c. L. Baum, Edwin f. Parry, A. H.
Kelly, George F. Gibbs, of Salt Lake;
John Y. Smith, Hyrum F. Thomas and
James A. Bean of Provo; Rasmus
Christofferson of Ogden, William H.
Streeper Of Centerville, and Alonzo
Hyde of Lake Shore.
After United States Attorney White
more, who is assisted in the trial by
Pennel Cherrington, had made his
opening statement to the jury, ne
called James Chapman, president of the
Utah National bank, to identify the
books of the bank. which were to be
used as evidence.
John A. Groesbeck, ir., who is en-
ployed in the office of the county treas
urer and who was receiving and pay
ing teller of the bank last July, was
called to identify two debit and credit
slip. which passed through his hands.
The deposit ticket gave President
Stout credit for 81. $50, and the others
charged expense of $500 for the presi-
dents salary for two months, and the
disputed note, signed ]. H. Hedges, for
$3.50.
A B. Jones Testifies.
A. B. Jones. cashier of the bank. one
of the principal witnesses for the prose-
cution, was called. He identified the
demand of the comptroller of the treas
urv for a report of the condition of the
bank. and the report made in accord
ance with the instructions from the
comptroller.
He explained that the national bank
ing act permitted no officer of d bank
to borrow more than 10 per cent of its
capital stock. AS the capital stock OF
the Utah National bank was 100000.
Mr.. Stoutt's debt of $20, 230.79 was
$3.50. 10 over the limit.
Then Attorney Whittemore undertook
TO go into Indebtedness for which Presi-
dent Stout was responsible, being the
debts of other business concerns in
which he was interested.
Upon the converting of court for the
afternoon session. Washburn 5. Chip
man, for two years a bookkeeper of the
bank in charge of the individual
ledger" was called. He said that on
July u Mr.. Stout deposited $3.50, re-
deeming thereby the Hedges note. His
account previous to that credit was
overdrawn $9,671.94; on July Il it was
reduced to $6,921.94. and on July 10 it
was S6.999.59. On redirect examination,
he said that he did not know what
these deposits were, nor in what form
they were made, for he merely received
tickets and slips with which TO make
up his books.
DR.. @. B. Pfoutz was called to tell
of transactions which an outside con-
Germ in which he and President Stout
were associated had with the bank, but
he was stopped by an objection of
Judge Dickson.
Question of Procedure
The attorney for the defense made a
long argument. declaring that the proof
of the false entries should depend upon
proof of the forgery of the Hedges note,
for the United States attorney had spe-
officially agreed TO that line of proceed
IRE at the hearing on the demurrer two
weeks ago. He was now attempting to
prove false entries by other transac-
lions.
Had we known this we should have
demanded bill of particulars. in order
to know just what we must defend our
selves against" said he. I'VE were
told by the government that we would
simply have to defend the validity of
the note. As it is, we are taken wholly
unawares and unprepared."
But Mr.. Whittemore declared that
counsel Tor the defense was entirely
mistaken; that no such promise had
been made. He had not said during the
argument on the demurrer that the note
alone would be depended upon.
Judge Marshall refused to wholly
sustain the objection. He permitted
the government to produce evidence to
show the intent of the defendant, and
held that the final proof must come
from the establishment of the forgery
Of the Hedges note.
After DR.. Pfoutz had identified a
check given by him to President Stout
in the interest Of the Tempest Gold |
Mining company, in which both were |
Interested, Cashier Jones was again |
called to the stand
Stoutt's Indebtedness.
He testified that on May 5. 1898. the
Indebtedness for which President |
Stout was responsible was ST,0S4.34 in |
MS personal account, S262. 40 for Cham |
bers & Stout, and s1.155.90 for the
Tempest Gold Mining company. The /
accounts against L. NJ. Bailey & Co.