The Topeka state journal., 1900-10-15

ten me how we. can find out whether
! the state funds?"
L can not" said Freeman.
do you refuse to produce the book
or books containing F. E. Grimes ac-
count?
DO you refuse to produce any part of
viii you produce the account of G
No sir. will not
NO inspection of those books will be
permitted?''
mo, sir"
4 viii furnish transcript
of Crimes account, and permit Mr..
Crum to verify it, but 1 will produce no
books said Freeman.
Now, if the court please,w we want those
books,' said Waters.
7 decline to furnish the books.''
What books do you Want?" said
WILL NOT SHOW BOOKS.
I'VE ask you to produce the original
discount book showing the making of
the Grimes and Richey note, the books
showing if interest has been paid and
the book or books showing the Grimes
transaction in full"
Il will furnish a transcript but no
books
'sWin you produce the books contain
ing the account of F. E. Grimes?" said
Waters.
7 viii furnish a transcript, which Mr.
Crum can verify"
rs that all you will do?'
yes, sir"
for the books and Freeman again declin-
ed, but renewed the offer of a trans
script.
. WILL NOT PRODUCE BOOKS.
Mr.. Waters added to his demand all
letters or correspondence between the
bank and Mr.. Grimes, and the records
showing the condition of the business
the day the Grimes note was paid.
Mr.. Histed, IS attorney for the bank
stated that the line of examination pur-
sued by the prosecution was an unwar-
ranted attempt to explore the business
of the bank and exhibit to the public
the internal affairs and Individual ac-
counts of the bank There is involved
here the power of any court to compel
the cashier, as a witness, to bring the
books into court. If this case was be-
ing carried on in good faith the prose-
cution would accept the offer of the wit
ness to furnish a transcript. Such a,
demand as this depriVes the witness and
the bank of the constitutional protec-
tion guaranteed under the search and
seizure clause
THE bank is not a party to this suit
Mr.. Freeman is the witness summoned
by the prosecution. Now, if they de-
sire to impeach their own witness, the
additional absurdity appears"
I'VE desire to amend our demand by
d
notes. said Waters.
Mr.. Histed, who had sat down, quick
ly rose and said:
You might with equal propriety de-
mand that the bank exhibit Mr. Water 5
private account. There is where the in
sincerity and absurdity of this case ap-
pears. Mr.. Willard is charged with q
crime while he is away and can not be
heard. There is neither sense nor law in
these demands"
Mr. Hite offered to submit Mr. Grimes
pass book, and said:
We desire to furnish all the aid we
can towards a complete and exhaustive
examination of the matter, and the rec
ords in Mr.. Grimes Office are open to
your investigation at any time"
Mr.. Doran said: I'VE have no dispo-
sition to violate the search and seizure
clause of the constitution, nor to cause
Mr.. Freeman to violate the obligation
or duties of his office. We think the rec
ords will show the payment of money to
Grimes for interest. We think we are
entitled to the records, and SO insist upon
the demand"
Then there was another controversy
as to the whereabouts of Crum and
Willard, which was terminated by the
judge asking for time to look up the
law to determine the attitude which Mr..
Freeman had assumed by refusing to
produce the records
The attorneys then suggested an ad-
iournment until o'clock, to accommo-
date the judge, and the hearing was ad-
journed.
If the court orders Freeman to pro-
duce the books, he Will again refuse.
If an order of commitment is issued,
habeas corpus proceedings for Frees
mans release will be Immediately filed
by Mr. Histed. The books of the bank
will not be produced before Mr. Nc
Clintock. The bank viii fight this prop
osition through all the courts before
submitting the records except a tran
script of the Grimes transaction, al
though Mr.. Grimes and his attorneys
announced their willingness to have the
bank records produced.
EMPLOYED BY THOMAS.
At the opening of the Grimes hearing
this afternoon, T. F. Doran, attorney
for the prosecution said:
Frank s. Thomas, treasurer of the
Democratic state central committee, is
the man who employed us to prosecute
this CASE
Mr. Doran prefaced his statement by
ssThere seems to be considerable
anxiety on the part of the defense as to
the identity of the parties behind this
suit. If it will please them we will pro-
duce that man in court here tomorrow
morning at o'clock.
suits us said Hite and Carver.
I'm the meantime said Mr. Hite
''can't you tell US who it was
Yes sir. 1t was Frank S Thomas"
Justice McClintock announced this af-
ternoon that he would not be able to give
a decision on the points involved by the
refusal of Mr. Freeman to produce the
books of the bank before tomorrow.
The prosecution offered no objections
to this but announced they would pro
ceed with the examination of witnesses
this afternoon
MR. WARE TESTIFIES.
E. F. Ware was placed on the stand !
He is a director of the Central National
bank
Mr.. Ware testified that Frank Willard
had talked to him about the banks pay
ing interest on state funds, but before
Mr.. Grimes term as treasurer.
Objections, as to this conversation be- |
ing brought into this case caused Mr.
Doran to proceed in another direction.
MI. w. testified ti1at he had heard !